Claire specialises in taxation and commercial law.
Taxation expertise
Claire provides advice and appears in matters relating to all aspects of federal and state taxes. Claire has a Master of Science in Taxation from Oxford University, a Master of Tax from the University of Melbourne, and is a Chartered Tax Advisor.
Commercial expertise
Claire provides advice and appears in a broad range of commercial disputes including class actions, contract, corporations, insolvency, insurance, property, trusts and equity, trade practices and competition.
From 1st May 2014, liability limited by a scheme approved under Professional Standards legislation.
Camilla practises in commercial, public and common law.
Prior to coming to the Bar, Camilla was an associate to the Hon Justice Gageler AC at the High Court of Australia and the Hon Justice Wheelahan at the Federal Court of Australia.
Camilla practised as a solicitor at Herbert Smith Freehills. She was also an Assistant Legal Counsel at the Permanent Court of Arbitration in The Hague where she worked on international commercial and investment arbitrations, as well as arbitrations arising under the United Nations Convention on the Law of the Sea.
Camilla holds undergraduate degrees in Music and Laws (Hons I) from the Australian National University and a Master of Laws (Hons I) from the University of Melbourne. She is a sessional academic at the Australian National University.
Camilla read with Matthew Hooper KC. Her senior mentors are Claire Harris SC and Penny Neskovcin KC, as their Honours then were.
Liability limited by a scheme approved under Professional Standards legislation.
Prior to coming to the bar, David was a Senior Legal Manager at the Transport Accident Commission (TAC). During this time, he defended claims for Common Law damages, serious injury applications, and applications for review at the VCAT
.Before becoming a solicitor at the TAC, David was Senior Associate within the State Government group at DLA Phillips Fox. During this time, David instructed in a broad range of practice areas, with a particular focus on administrative appeals, coronial inquests and Occupational Health and Safety prosecutions.
Patrick is recognised for his versatility and his practice covers a wide range of areas including employment and industrial law (particularly in the construction industry, electricity and retail industry), personal injury and insurance, occupational disciplinary related matters, sporting law, and urgent claims for injunctive relief.
Patrick has appeared in the High Court of Australia, the Supreme Court of Victoria, the Federal Court of Australia, the Fair Work Commission and other jurisdictions, including before the Australian Olympic Committee and Racing Appeals and Disciplinary Board.
Professional Legal Experience
For further information about his availability, fee rates and other information, please contact one of his Clerks, John, Phillip or Michael Dever on 9225 7999 or by email to dever@vicbar.com.au.
From 24 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
Ruby accepts briefs in a range of areas encompassing common law, administrative law and criminal matters, with a focus on personal injury and judicial review matters.
Prior to coming to the Bar, Ruby was Associate to the Honourable Justice Forbes of the Supreme Court of Victoria. She assisted her Honour in relation to matters regarding negligence, judicial review and appeals, urgent applications in the practice court and confiscations and proceeds of crime matters.
Ruby practiced as a solicitor at Maurice Blackburn Lawyers where she gained experience litigating claims primarily in the TAC, WorkCover and Comcare schemes.
Ruby is reading with Richard Stanley. Her senior mentor is Michelle Britbart KC.
Liability limited by a scheme approved under Professional Standards legislation.
Hayley has a broad practice in insurance, administrative and common law matters, with a specialty and significant experience in health and medical law.
Before coming to the Bar, Hayley spent more than a decade working for and with insurers across a range of areas, including aviation, maritime, life and disability insurance, public liability and professional indemnity. She has an extensive and intimate knowledge as to the workings of insurers and the unique challenges insurance litigation entails.
Most recently, Hayley was a Senior Associate at Australia’s largest medical defence organisation. She had carriage of a vast range of matters, acting on behalf of doctors and health practitioners across civil claims, regulatory investigations, coronial inquests and commercial disputes. Through this work, she developed a subspeciality in plastic & reconstructive surgery matters, bariatric claims and the regulation of cosmetic medicine.
Since coming to the Bar, Hayley has maintained a busy injuries, insurance and administrative practice, appearing in all Victorian and Tasmanian Courts. She acts for both plaintiffs and defendants across the common law landscape, with a core practice in medical negligence and judicial reviews of Medical Panel determinations. She regularly provides advice as to indemnity, coverage and policy interpretation. Hayley is frequently briefed to advise on procedural issues and appear in interlocutory applications.
Hayley holds a Bachelor of Laws and a Bachelor of Biomedical Science from Monash University.
In addition to her background in insurance litigation, Hayley has a particular interest in sports law, healthcare regulation and bioethics.
Hayley read with Ben Jellis SC and her Senior Mentor is Dr Michael Rush KC.
Her recent cases include:
Liability limited by a scheme approved under Professional Standards legislation.
Esther has been in practice since 2003, with broad expertise in State and Federal administrative law, health law, inquests, general VCAT / civil claims, and lower court proceedings, including crime, intervention orders and Victims of Crime, Working with Children reviews and sporting inquiries.
Previously, Esther completed a commercial articles at Deacons (now Norton Rose) in 2002, was Judge's Associate at the County Court of Victoria (2003-2004), solicior with DHS Victoria (2004-2006); and was a Registered Nurse (1991-2011). She is sought after for her expertise in health matters.
Briefs are welcome in all jurisdictions.
From 01 Jul 2015, liability limited by a scheme approved under Professional Standards legislation.
Charles accepts industrial relations, employment and commercial law briefs in all Australian jurisdictions. He also advises state and federal Members of Parliament.
Prior to joining the Bar, Charles worked for the Commonwealth Attorney-General in Canberra and Perth.
Charles holds a Bachelor of Laws and a Bachelor of Economics from the University of Western Australia, and a Master of Laws from the Australian National University. He read with Lisa Hespe SC (now Justice Hespe of the Federal Court).
Recently, Charles has advised or acted for:
Industrial Relations
Administrative and Public Law
Commercial Litigation
Charles was unled, except where specified.
Liability limited by a scheme approved under Professional Standards legislation.
Tragically passed away during the night of Sep 30th 2024
Karen has a broad practice in common law, insurance and administrative matters, with a focus in health and medical law.
Prior to coming to the bar, she was a solicitor at K&L Gates in the insurance litigation team where she had carriage of a range of medical negligence and other personal injury claims. She acted on behalf of hospitals, health practitioners, emergency services and other organisations, instructed both directly and through insurers.
Karen has acted in complex, multi-party civil litigated claims, high profile coronial inquests, health privacy proceedings and disciplinary matters. She is also familiar with statutory insurance regimes, having acted in a range of claims arising out of workplace injuries and transport accidents. Karen has particular expertise and interest in novel duty of care issues, medical consent cases as well as claims arising out of obstetric and gynaecological treatment.
She has provided continuing professional development seminars and legal updates to clients on a range of topics, including Limitation of Actions Act (Vic) 1958 issues, judicial review decisions and the development of wrongful birth claims in Victoria.
In addition to her background, Karen has an interest in health regulation, product liability and criminal proceedings arising out of the provision of healthcare.
Karen is reading with Robert Harper and her senior mentor is Roslyn Kaye KC.
Liability limited by a scheme approved under Professional Standards legislation.
Sam practises in a wide range of common law and public law matters, with a focus on personal injury, intentional torts, and insurance matters. He also has experience in judicial review and Coronial Inquests.
Before coming to the bar Sam was an Associate at MinterEllison in the Insurance and Corporate Risk team, where he acted for a wide range of public and private clients. Sam also gained extensive litigation and public law experience as a solicitor at the Victorian Government Solicitors Office (VGSO).
Sam accepts briefs to advise and appear for both plaintiffs and defendant in all metropolitan and regional courts.
He is reading with Michael Clarke and his Senior Mentor is Liam Brown SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Summary
James Barber KC practises commercial litigation, mainly in cases involving equity & trusts, sale of land, leases, restitution, corporations & securities, insolvency and banking & finance. Before his call to the Bar he practised as a commercial litigation solicitor for eight years in Melbourne and London and spent some months seconded to the litigation department of a major bank. He has an LLM from University College, London.
James is the author of Voumard – The Sale of Land (published by Thomson Reuters), having been co-author with the late Nimal Wikramanayake KC from 2018 until Nimal’s demise in 2023. He is also the Chair of the Victorian Bar Ethics Committee.
Experience:
Significant or interesting matters include:
China Insurance Group Finance Company Ltd v Kingston (No 3) [2023] VSC 6 (led by Penny Neskovcin KC); loan agreement, foreign law, estoppel, unconscionable conduct;
Northgate Park Pty Ltd v Floyd [2022] VSC 783 (represented minor beneficiaries): lost trust deed;
Aviation 3030 Pty Ltd (in liquidation) v Lao [2022] FCA 458 (represented 4th, 5th & 6th defendants the claims against whom were resolved after 10 days of trial): unreasonable director-related transaction, directors’ duties, fiduciary duties, knowing assistance and knowing receipt;
Chan v Valmorbida Custodians Pty Ltd S CI 2017 03211 (led by Allan Myers QC, leading Joseph Carney, represented plaintiffs whose claims were resolved after 8 days of trial): removal of trustees, breach of trust;
Troiano v Voci [2021] VSC 851: breach of contract, fiduciary duties, knowing receipt;
Australian Fast Foods Pty Ltd v Kameel Pty Ltd [2021] VCAT 921: retail lease, appointment of valuer;
Chan v Valmorbida Custodians Pty Ltd [2020] VSC 633 (led by Carolyn Sparke QC, leading Joseph Carney): amendment of pleadings;
Chan v Valmorbida Custodians Pty Ltd [2020] VSC 590 (led by Carolyn Sparke QC, leading Joseph Carney): beneficiary’s application to inspect trust documents;
Teen Entertainment Enterprise Network Pty Ltd v A&H Natoli Pty Ltd [2020] VSC 388: appeal from the Victorian Civil and Administrative Tribunal (VCAT);
Carbone v Melton City Council (2020) 60 VR 539; [2020] VSCA 117: statutory interest;
Chan v Chan [2020] VSCA 40: Summary recovery of possession of land;
Troiano v Voci (2019) 61 VR 511: security for costs;
Hampshire Automotive Pty Ltd v Centre Com Pty Ltd (2019) 60 VR 579; [2019] VSCA 77 (led by Ian Upjohn QC): easements by prescription, doctrine of lost modern grant, whether dominant tenement landlord’s consent is required for tenant’s enforcement of easement;
Red Pepper Property Group Pty Ltd v S 3 Sth Melb Pty Ltd [2019] VSC 41: appeal from VCAT, retail leases, construction, alleged landlord’s repudiation;
Chan v Valmorbida [2018] VSC 336 (led by Carolyn Sparke QC): construction and rectification of Will;
Guildford International Group Pty Ltd v Aviation 3030 Pty Ltd [2018] FCA 600; Guildford International Group Pty Ltd v Aviation 3030 Pty Ltd (No 2) [2018] FCA 1486: security for costs;
CellOS Software Pty Ltd v Huber (2018) 132 ACSR 468 (led by Daniel Crennan QC): diversion of business opportunity, capital raising and secondary market, application by a company to recover profits made in trading in its own shares;
ASIC v Hochtief AG (2016) 117 ACSR 589 (led by Neil Young QC): insider trading;
Rees v Rees [2016] VSC 452; [2016] VSC 579: deed of settlement set aside for mistake, indemnity costs;
Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd [2015] VSC 515: appeal from VCAT, retail leases, landlord’s statutory obligation to repair during renewed term, repudiation;
Vasco Investment Managers Ltd v Morgan Stanley Australia Ltd (2014) 108 IPR 52; [2014] VSC 455 (led by Sam Horgan QC): confidential information, restitution, quantum meruit, success fee;
CNM Investments Pty Ltd v Greek Orthodox Community of Victoria & Melbourne [2013] VCAT 1969: application to restrain counsel from continuing to act;
Westpac Banking Corporation v The Bell Group Ltd (in liq) (No 3) (2012) 44 WAR 1; 270 FLR 1; 89 ACSR 1; [2012] WASCA 157 (led by Neil Young QC): directors’ duties, breach of fiduciary duties, duty to exercise powers for a proper purpose, relief under the rule in Barnes v Addy, dispositions with intent to defraud creditors, equitable relief, compound interest;
RDN Developments Pty Ltd v Shtrambrandt [2011] VSC 130: compensation for lodgement of caveat without reasonable cause;
Re D W Marketing Pty Ltd (in liq) [2009] VSC 663: liquidator’s examination enjoined for abuse of process;
The Bell Group Ltd (in liq) v Westpac Banking Corp (No 10) (2009) 39 WAR 930; (2009) 71 ACSR 300 (led by Michael Corboy QC): equitable relief, compound interest;
In 2009 (with Byrne J and Philip Solomon, now Philip Solomon KC), drafting a new practice note for the Commercial Court of the Supreme Court of Victoria;
The Bell Group Ltd (in liq) v Westpac Banking Corp (No 9) (2008) 39 WAR 1; (2008) 225 FLR 1 (2008) 70 ACSR 1 (led by Ross Robson QC and Jim Peters QC): relief under the rule in Barnes v Addy, dispositions with intent to defraud creditors;
Allstate Exploration NL v QBE Insurance (Australia) Ltd (2007) 14 ANZ Ins Cas 61-743; [2007] VSC 380; [2008] VSCA 148 (led by Neil Young QC): construction of insurance contract;
Beaconsfield Gold NL v Allstate Prospecting Pty Ltd [2006] VSC 320 (led by Allan Myers QC and Peter Collinson QC): joint venture agreement, right of pre-emption;
Tarongo Land Pty Ltd v Lyons [2005] VSC 491 (led by Peter Vickery QC): construction of option agreement;
Alinta DEGP Pty Ltd v Wellington Shire Council (2005) 141 LGERA 187; [2005] VSC 307 (led by Jim Delany QC): rating;
Creasy's Grain Enterprises Ltd v Clarke and Barwood Lawyers Colac Pty Ltd [2004] VSC 77 (led by Nemeer Mukhtar QC): priority dispute between first and second mortgagees;
Oversea-Chinese Banking Corporation Ltd v Malaysian-Kuwaiti Investment Co [2003] VSC 495; [2004] VSC 351 (led by Nimal Wikramanayake QC): priority dispute between purchaser and mortgagee, rule in Hopkinson v Rolt; costs;
Crowe v Stevedoring Employees Retirement Fund Pty Ltd [2003] VSC 316: superannuation fund member's right to documents and information from trustee;
Logue v Hansen Technologies Ltd (2003) 125 FCR 590 (led by Robin Brett QC): security for costs;
Andrew Shelton & Co Pty Ltd v Alpha Healthcare Pty Ltd [2002] 5 VR 577 (led by Peter Vickery QC): restitution, free acceptance.
Representing, on many occasions throughout the period of the cases above, persons required to attend for examination under s 19 of the Australian Securities and Investments Commission Act 2001.
Victorian Bar Committee memberships
Professional Qualifications:
Academic Qualifications:
Previous Employment:
November 1998 to February 2001:
Senior Associate/Solicitor Commercial Litigation Department
Blake Dawson Waldron, Solicitors
101 Collins Street Melbourne
(Appointed Senior Associate 1 July 1999)
(including 5 months seconded to the litigation department of a major bank)
September 1996 to October 1998:
Solicitor
Litigation Department
Freshfields, Solicitors
65 Fleet Street, London
September 1995 to August 1996:
Full-time student
LLM programme
University College, London
April 1992 to August 1995:
Solicitor
Blake Dawson Waldron, Solicitors (now Ashurst Australia)
March 1991 to March 1992:
Articled Clerk
Blake Dawson Waldron, Solicitors (now Ashurst Australia)
Before being called to the Bar, major matters as a solicitor included:
From 10th August 2011, liability limited by a scheme approved under Professional Standards Legislation.
Adam has a general commercial practice which includes:
Adam also has specialist knowledge in aviation law. He has appeared in personal injury and broader liability disputes for claimants and insureds, and in coronial inquests concerning aviation accidents. As a solicitor, he worked in London on major aviation disasters for large international carriers and insurers.
Prior to being called to the Bar, Adam was also Associate to Justice Middleton at the Federal Court and Justice D Beach at the Supreme Court.
Adam graduated from the University of Queensland with a Bachelor of Laws (Hons) and a Bachelor of Science in 2006. He read with Chris Winneke KC and the Hon. Justice Stephen O'Meara was his Senior Mentor.
Liability limited by a scheme approved under Professional Standards legislation.
Simon Molesworth delivered his final judgment in the Land and Environment Court of New South Wales in May 2019. He was first commissioned to be a Judge of the LEC from January 2017. The Land and Environment Court of NSW was the first specialist environmental superior court in the world, when established in 1980. The judges of the Court have the same rank, title, status and precedence as the Judges of the Supreme Court of NSW. The Court’s jurisdiction includes merit review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining, water, heritage, valuation, compensation, Aboriginal land, tree disputes and related matters.
Molesworth, who in 2020 marks twenty-five years as a QC, had remained in active practice until his judicial appointment, regularly appearing before the Victorian Civil & Administrative Tribunal and in the Supreme Court in Victoria in cases within his specialty. He is recognized nationally and internationally as a leader in the fields of environmental law, heritage law, natural resources law and the law and policy relating to climate change. After initially practicing as a solicitor (from 1978) with Blake & Riggall (now Ashursts), Molesworth became a barrister in Victoria in 1984 and was appointed a Queen's Counsel in 1995.
Molesworth, qualified and experienced as a Fellow of the Australian Institute of Company Directors, the Australian Institute of Managers and Leaders and the Environment Institute of Australia and New Zealand, has led delegations to successive United Nations COP conferences. His advisory work increasingly focuses on climate change strategies, corporate governance, risk management and corporate social responsibility. Molesworth is uniquely positioned to advise corporate Australia and public sector entities on the development of strategies and policies, together with related risk and compliance issues, in a world required to adapt to and mitigate climate change. With experience chairing commissions of inquiry and a wealth of experience chairing and participating in consultative committees, Molesworth is well-skilled to be a mediator.
Amongst his previous legal appointments Molesworth, in the 1980s, was a Senior Legal Member of the Planning Division of the Administrative Appeals Tribunal of Victoria and a Senior Legal Member of the previous Victorian Planning Appeals Board. He was also in 1994 the Victorian State Mining Warden, a statutory appointment under the then Mineral Resources Development Act. He has chaired commissions of inquiry and advised successive governments and their authorities on legislative reform.
Liability limited by a scheme approved under Professional Standards legislation.
Before coming to the Bar, Paul practised in the Local Government and Planning Section with Maddock Lonie & Chisholm where he gained advocacy experience prosecuting summary crime and also appearing at VCAT.
Paul has a broad practice and appears in all jurisdictions. He has extensive experience in town planning and land valuation/acquisition matters
From 06 Feb 2015, liability limited by a scheme approved under Professional Standards legislation.
Lachlan practices in revenue and commercial law. He specialises in taxation, complex commercial matters and the foreign investment regime.
He frequently acts for the Commonwealth as well as private clients.
Lachlan has appeared in a wide range of disputes in the High Court, Full Federal Court, Federal Court, Court of Appeal and Supreme Court, as well as the Banking Royal Commission and the Police Informants Royal Commission. He also appears in international commercial arbitrations.
He advises on commercial and corporations law matters, including equity and trust law, contract, oppression, ASIC regulatory disputes and foreign investment (FIRB) matters.
He advises on direct and indirect tax disputes, and focuses on transfer pricing, the general anti-avoidance regime, tax treaty disputes and other international tax matters.
Before coming to the Bar, Lachlan was in the Commonwealth Treasury Portfolio, covering taxation, foreign investment (FIRB) and corporations law. He was involved with the development of important Commonwealth legislative reforms, including the development of the Multinational Anti-avoidance Law and Diverted Profits Tax to counter avoidance schemes.
Prior to that he was a solicitor at an international firm advising on large commercial and taxation disputes in Australia.
He graduated with a Masters with Distinction from the University of Oxford, and Bachelors in Laws and Engineering from the University of Melbourne.
He is an executive board director of the Law Council of Australia and has been a member of the Victorian Bar Council.
He is Chair of the National Trusts of Australia, Deputy Chair of the National Trust of Victoria, and a Director of Ys Housing, three not-for-profit community organisations.
He is a Senior Fellow of the Melbourne Law School of the University of Melbourne, teaching corporations and taxation subjects in the Masters of Law and Juris Doctorate programs, including the Tax Avoidance masters subject taught jointly with former justices Hon Tony Pagone AM KC and Hon Jennifer Davies KC. He also takes the tax subject in the Bar Readers' course.
Lachlan is a member of Lincoln's Inn, London.
He is presently undertaking a dissertation at the University of Oxford law faculty.
Lachlan read with Eugene Wheelahan QC and Allan Myers AC QC.
Recently published cases in which Lachlan has appeared:
Commercial and equity/trust matters
Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198; (2020) 63 VR 222
Parker v Auswild; Bergmuller v Auswild [2022] VSCA 8; (2022) 403 ALR 111
Keybridge Capital Limited v WAM Active Limited [2023] FCA 339
Watkins v Tatana [2023] FCA 248
Bignaches Pty Ltd v Access Strata Management Pty Ltd & Ors [2022] VSC 639
Timeless Sunrise Pty Ltd v BigJ Enterprises (No 3) [2022] VSC 499
Timeless Sunrise Pty Ltd v BigJ Enterprises (No 7) [2022] VSC 549
Ian Morris v Victorian Farmers Feration [2022] VSC 407
Rita Troiano v Ross Voci & Ors [2021] VSC 851
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors [2021] VSC 572
JAB Nominees (Aust) Pty Ltd v Auswild [2021] VSC 275; (2021) 152 ACSR 618
JAB Nominees (Aust) Pty Ltd v Auswild & Ors [2020] VSC 731
Porter v Mulcahy & Co Accounting Services Pty Ltd [2020] VSC 430
Ran Bi v Yingde Investments Pty Ltd [2019] VSC 324
Troiano v Voci [2019] VSC 859
In the matter of Erfanian Developments Pty Ltd [2018] VSC 342
Carlig v M H Heath & M P Jones (t/as Allmand Jones & Partners) [2019] VCC 1175
Bolton and Australian Securities and Investments Commission [2021] AATA 5293
Taxation and regulatory matters
Commissioner of Taxation v Sharpcan Pty Ltd [2019] HCA 36; (2019) 269 CLR 370
Watson v Commissioner of Taxation [2020] HCASL 224
Clough Limited v Commissioner of Taxation [2021] FCAFC 197; (2021) 114 ATR 1
Victoria Power Networks Pty Ltd v Commissioner of Taxation [2020] FCAFC 169; (2020) 281 FCR 318
Watson v Commissioner of Taxation [2020] FCAFC 92; (2020) 277 FCR 253
Hart v Commissioner of Taxation [2019] FCAFC 179; (2020) 272 FCR 612
Commissioner of Taxation v Balasubramaniyan [2022] FCA 374
Clough Limited v Commissioner of Taxation [2021] FCA 108; (2021) 112 ATR 752
Clough Limited v Commissioner of Taxation (No 2) [2021] FCA 267
Watson as trustee for the Murrindindi Bushfire Class Action Settlement Fund v Commissioner of Taxation [2019] FCA 228; (2019) 109 ATR 794
Paule v Commissioner of Taxation [2019] FCA 394
Ammouche v Chief Commissioner of Police [2018] FCA 1703; (2018) 266 FCR 430
From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.