Daniel practises in common law with a focus on medical malpractice litigation, public liability claims and institutional abuse claims and appears for both plaintiffs and defendants.
In his medical malpractice claims Daniel has acted for plaintiffs of all ages with minor injuries through to catastrophic injuries. He has also acted for health service providers and regularly appears in inquests.
Daniel has been ranked as a leading junior counsel in professional indemnity by Doyle's Guide in 2020, 2021 and 2022 and as a recommended junior counsel in insurance in the 2019 Doyle's guide.
In his public liability claims Daniel has represented individuals who have suffered injury as well as defendants sued as occupiers or manufacturers including acting for providers of recreational pursuits.
Daniel also has extensive experience in making applications at various stages of litigation including privilege applications, discovery applications, stay applications and extension of time applications.
Daniel worked as a Senior Associate at DLA Piper in the Insurance Litigation team before coming to the bar in 2008. Daniel was trained and educated in England before being admitted to practice in New South Wales in 2003 and Victoria in 2004.
Julia has a broad practice that includes commercial law, criminal law and public law.
Prior to the Bar, Julia was an Associate to the Hon Justice Nettle AC in the High Court in 2018 and to the Hon Chief Justice Warren AC in the Supreme Court in 2015 to 2016. She was previously a Principal Solicitor at the Office of Public Prosecutions and a solicitor in the Litigation and Victoria Police branches of the Victorian Government Solicitor’s Office.
Julia holds a Bachelor of Science (Mathematics and Statistics) and a Bachelor of Laws (First Class Honours; Supreme Court Prize) from the University of Melbourne. She also holds a Bachelor of Civil Law (Distinction) from the University of Oxford. She has lectured in Remedies and Torts in the JD program at Melbourne Law School. She is a reporter for the Commonwealth Law Reports and the Victorian Reports.
Matters in which Julia has appeared include:
From 7 May 2021, liability limited by a scheme approved under Professional Standards legislation.
The Hon Jennifer Davies KC is a retired judge of the Federal Court of Australia and during her time on the bench was the national co-ordinating judge of the Taxation National Practice Area. Prior to her appointment to the Federal Court she was a judge of the Supreme Court of Victoria, sitting in the Commercial Court division and before then, a member of the Bar from May 1983. She took silk in 2004.
She is an Honorary Principal Fellow at the University of Melbourne lecturing in postgraduate courses and on the Melbourne University Tax Advisory board. She is also on the board of the International Association of Tax Judges and is a member of the Australian Academy of Law, the International Academy of Estate and Trust Law and the International Fiscal Association, and a Fellow of the Taxation Institute of Australia.
Rebecca practises in commercial law and has particular interest and expertise in insolvency, corporations, contract, equity and trusts disputes.
Since joining the Victorian Bar, Rebecca has appeared both led and unled in trials and applications in the Supreme Court of Victoria, the Federal Court of Australia, the Federal Circuit and Family Court of Australia, the County Court of Victoria, the Magistrates’ Court of Victoria and the VCAT. Between November 2020 to March 2021, Rebecca acted as assistant to the Honourable Susan Crennan AC in the conduct of a private international arbitration.
Before coming to the Bar, Rebecca was Associate to the Honourable Associate Justice Gardiner of the Supreme Court of Victoria, where Rebecca gained experience in interlocutory applications and trials brought under the Corporations Act 2001 (Cth). Before this, Rebecca worked as a solicitor in the commercial litigation team at Frenkel Partners Lawyers.
Rebecca is regularly briefed in applications to set aside statutory demands, winding up applications, applications on behalf of liquidators for directions from the Court and to appear in public examinations and voidable transaction proceedings.
Rebecca holds a Bachelor of Laws (Hons) from the University of Adelaide and is undertaking a Master of Laws at the University of Melbourne specialising in commercial subjects. Rebecca is also a sessional academic at Deakin University, teaching Evidence Law.
Rebecca is a member of both the Law Council of Australia Young Lawyers Committee and of the Victorian Bar New Barristers’ Committee.
Rebecca read with Peter Fary SC and her senior mentor is Penny Neskovcin KC.
Selected Cases
Harman v Coram Investments Pty Ltd [2023] VCC 1187 – Application for dismissal or permanent stay of proceeding, for the plaintiff, led by Andrew Meagher.
Gountzos (as liquidator of GVE Hampton Pty Ltd) (In Liq) v Krok [2022] VSC 539 –Application by the liquidator for Court approval of a compromise, for the liquidator, led by Carl Moller SC.
Saaticho Pty Ltd & Ors v EVR Group Pty Ltd & Ors [2022] VSC 45 – Injunction to restrain incursion into plaintiffs’ airspace, for the plaintiffs.
Re Wynyard Victoria Pty Ltd [2022] VSC 81 – Application to set aside statutory demand, for the defendant.
Shangri-La Construction Pty Ltd v GVE Hampton Pty Ltd (In Liq) [2021] VSC 161 – Application for appointment of special purpose liquidator, for the respondent liquidator.
Doxa Youth Foundation & Ors vs Doxa Community Club & Ors S ECI 2021 02968 – Oppression proceeding, led by Christopher Brown, settled prior to trial.
In the matter of SOCA Nominees Pty Ltd (In Liquidation) S ECI 2022 04842 – Application for appointment of receiver over trust assets and for relief from liability on part of Company pursuant to s 85 of the Trustee Act 1925 No 14 (NSW), for the liquidator.
Official Trustee in Bankruptcy v Veitch MLG433/2022 – Application for declaration of vesting of beneficial ownership in Official Trustee and sale of land, for the Official Trustee, settled prior to trial.
In the matter of Project Volar Creditors’ Trust established in the administration of Virgin Australia Holdings Ltd & Ors No. 2021/00247797 – Application for leave to file an amended proof of debt pursuant to s 81 of the Trustee Act 1925 (NSW), for the Applicant.
W Capital 18 Pty Ltd v LWB Development Pty Ltd & Ors - Supreme Court of Victoria – breach of contract, estoppel, led by Peter Fary SC, settled prior to trial.
DS & KCC Enterprises Pty Ltd v Jimmy and Jangs Enterprises Pty Ltd S ECI 2021 02490 – Oppression proceeding, for the plaintiff, settled prior to trial.
Clear Logistics Australia Pty Ltd v Naracoopa Mineral Sands Pty Ltd VID578/2022 – Injunction for the delivery up of a Vessel, for the Respondent, led by Sam Rosewarne KC.
ASIC v Arandez VID338/2022 – Application pursuant to section 1323(1)(k) of the Corporations Act 2001 (Cth), for the Respondent, led by Michael Gronow KC.
Jackson v Edsall S ECI 2020 04574 – Application by executor of deceased estate for orders to allow sale of deceased’s property, for the plaintiff.
Liability limited by a scheme approved under Professional Standards Legislation.
Owen has a broad commercial practice with a focus on complex disputes primarily encompassing issues of contract and misleading or deceptive conduct, as well as proceedings in respect of superannuation, commercial leasing and professional misconduct. Experience includes injunctive relief, mediation, trials and appeal proceedings in Victoria and the Federal Court. Owen also regularly advises on commercial issues and manages interlocutory proceedings.
Matters that Owen has been briefed on since coming to the bar include:
Whirlpool (Australia) Pty Ltd v Castel Electronics Pty Ltd, for Castel (with Andrew Bailey, led by Leslie Glick KC) (settled)
FSS Trustee Corporation v Eastaugh [2016] VSC 636, for Alfred Health (with Hamish Austin)
Cargill Australia Limited v Viterra Malt Pty Ltd [2022] VSC 13, for Viterra and Glencore (led by Allan Myers AC KC, Suresh Senathirajah KC and Stephen Parmenter KC) (judgment delivered January 2022 after a trial of 113 days)
Marton v Australian Taekwondo including in the Court of Arbitration for Sport 2021/A/7945 (led by Paul Hayes KC)
Tansley v Royal Australasian College of Surgeons, for Mr Tansley MD FRCS (with Stephen Moloney, led by Allan Myers AC KC) (settled)
Jieyun International Investments Pty Ltd v Toorak Development Group Pty Ltd [2022] VSC 387, for Jieyun (led by Paul Hayes KC)
Teico Investments Pty Ltd v WA Blue Gum Limited, for Teico (led by Peter Cawthorn KC) (settled)
Davis v Department of Health [2022] VCAT 718, for the Honourable David Davis (unled)
Scheme of arrangement for Security Matters Limited. Hearings included (No 3) [2023] FCA 140, for Security Matters (led by Carl Moller SC, with Monique Hardinge)
Nottingham v Australian Financial Complaints Authority [2023] FCA 58, for Australian Super (unled)
Tratter v Aware Super [2023] FCA 491, and on appeal Tratter v Aware Super [2023] FCAFC 36, for Aware Super (unled)
Merkon Constructions Pty Ltd v Residence Company Pty Ltd & another, for Merkon (led by Michael Galvin KC) (ongoing)
In the Cargill Australia matter, in addition to appearing at trial and on appeal Owen was also closely involved with numerous interlocutory matters including:
Plus hearings as to final orders and appeal rulings in the Cargill Australia matter:
Prior to coming to the bar, Owen was a solicitor with Herbert Smith Freehills where he acted for companies across banking, investment, mining, electricity, and retail. Owen is experienced in advising companies who are defending complex claims brought in contract, negligence, or breach of statutory obligations. Owen also worked on a number of class actions, acting for large listed companies in shareholder claims, as well as for the electricity distributor in the Victorian bushfires claims.
In 2013, Owen joined the Office of Crown Counsel in the Victorian Government where he advised the Attorney-General and the Department of Justice on policy implementation, policy development, human rights compatibility, and other general legal matters.
Owen’s academic achievements include first-class honours in law from Monash University, where he won the subject prize for Restrictive Trade Practices.
Owen read with Stephen Parmenter KC, and his senior mentor is Philip Solomon KC.
From 30 Oct 2015, liability limited by a scheme approved under Professional Standards legislation.
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.
John has a broad commercial practice with a particular interest in professional negligence matters. John also acts in matters involving contract law, property law (including leasing), insolvency and bankruptcy, the Corporations Act 2001 (Cth) and incorporated associations.
John is a Nationally Accredited Mediator and accepts briefs to mediate commercial disputes and disputes involving incorporated associations.
John also has experience in sports law having been a tribunal member for the Victorian Amateur Football Association (VAFA) since 2018. John is also the chair of the Independent Integrity Division at the VAFA and has undertaken racial discrimination conciliations on behalf of the VAFA.
Prior to coming to the Bar, John was a lawyer at Allens Arthur Robinson (now Allens) where he worked primarily on professional negligence, product liability and Corporations Act matters. John was also Associate to the Honourable Justice Macaulay at the Supreme Court of Victoria and he assisted his Honour in establishing the Professional Liability List in the Supreme Court of Victoria.
John is an author for the Victorian Courts civil procedure commentary published by Thomson Reuters. John graduated from the University of Melbourne with bachelors degrees in Laws (Hons) and Arts.
From 01 May 2014, liability limited by a scheme approved under Professional Standards legislation.
Tragically passed away during the night of Sep 30th 2024
Rebecca continues to be recognised in Doyle's Guide to the Best Barristers in Victoria (2017-2022) in the field of Employment and Work Health Safety and is one of two representatives of counsel sitting on the Fair Work Commission Unfair Dismissal Users' Group.
Rebecca primarily practises in the areas of employment, industrial relations and anti-discrimination law. She also was junior counsel for the Department of Jobs Precincts and Regions in the Hotel Quarantine Inquiry.
Rebecca is regularly briefed to provide prospects and strategic advice to clients, and has represented clients in VCAT, the Fair Work Commission, County Court, Supreme Court, Federal Circuit Court and Federal Court - at first instance and variously on appeal.
Along with her undergraduate Honours degree in Law, Rebecca holds a Bachelor of Science (Genetics and Microbiology, Monash, first class Honours average), and a Master of Laws (Melbourne, first class Honours average, recipient of prize for the top Labour Relations student).
A sample of matters in which Rebecca has acted as Counsel (parties represented are in bold type):
- Tucker v State of Victoria & Anor [2022] VSC 760 - successful defence of application to be released from undertaking as to damages on grounds of fraud - breach of undertaking - application dismissed - proceeding stayed pending compliance with undertaking (with Justin Bourke KC)
- Vergara v Bunnings Group Ltd [2022] FedCFamC2G - summary dismissal of claims - meaning of social origin under anti-discrimination law - whether s 351 FW Act applies to adverse action taken on the grounds of social origin
- Tucker v Broderick [2022] FCAFC 174 - successful defence of appeal of summary dismissal of claims as an abuse of process - costs (also at first instance [2021] FCA 1492) (with Justin Bourke KC)
- United Petroleum Pty ltd v Barrie [2022] FCA 818 - post employment restraint of trade - successful defence of application for interlocutory relief
- BSL22 v BSM22 [2022] FCA 558 - successful application for suppression and non-disclosure orders for the benefit of respondents to sexual harassment claims
- Mathew McGuinness v Woolworths Group Ltd T/A Woolworths [2022] FWC 727 - dispute about matters arising under enterprise agreement - proposed roster change enabled
- Smith v Rodger Constructions Pty Ltd [2022] FedCFamC2G 204 - successful defence of adverse action and underpayment claims - meaning of "inquiry" - meaning of "able to make" - award interpretation - application of Surveying Award 2010
- Judith Lanigan v Circus Oz and Others [2022] VSC 35 - application of Limitation of Actions Act 1958 to VCAT - statutory interpretation - historical context - meaning of 'court' in legislative context - meaning of 'tort'
- Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030 - alleged contraventions of s 50 FW Act - construction of enterprise agreement (with Richard Dalton QC)
- Toby Tucker v State of Victoria [2021] VSCA 182 - s 570 FW Act - whether conduct amounted to unreasonable act or omission causing other party to incur costs – Conduct including failure to settle proceeding, bringing interlocutory applications and reliance on certain grounds of appeal – Discretion to award costs of appeal enlivened – Limited costs orders made against the applicant in respect of appeals (with Justin Bourke QC)
- Toby Tucker v State of Victoria [2021] VSCA 120 - procedural fairness in workplace investigation process - privacy issues - construction of employment contract and incorporation of terms - jurisdiction of the Supreme Court to make declarations in respect of contraventions of enterprise agreements - s 570 FW Act and when a matter arises under the FW Act (with Justin Bourke QC)
- Fair Work Ombudsman v C & H Entertainment Pty Ltd [2021] FCCA 1216 - findings of accessorial liability - failure to comply with compliance notice and other contraventions
- Phillips v Boeing Aerostructures Australia Pty Ltd [2021] FWC 965 - unfair dismissal - genuine redundancy - reasonable redeployment - insourcing of work to provide a redeployment opportunity - consultation obligations and whether these extend to outcomes of a dispute resolution process - application dismissed
- Grochowski v Kearney [2020] FCA 1248 - practice and procedure - successful defence of application for leave to appeal interlocutory decision - leave denied
- Toby Tucker v State of Victoria (Undertaking as to Damages) [2020] VSC 121 - enforcement of undertaking as to damages (with Justin Bourke QC)
- PG Nominees Pty Ltd atf Ryan Family Trust v WBHO Infrastructure Pty Ltd [2020] VSC 48 and [2020] VSC 149 -employee share plan - successful application to withdraw admission - successful defence of application to cross examine - successful application for indemnity costs (with Suresh Senathirajah QC)
- Application by Hays Specialist Recruitment (Australia) Pty Ltd [2020] FWA 404 - successful application to terminate an enterprise agreement after its nominal expiry date, opposed by the CEPU
- Victorian Xray Group Pty Ltd v Ho [2020] FCA 27 - successful defence of claim as to competency - whether court at first instance was exercising jurisdiction under the Fair Work Act 2009 - whether court at first instance was exercising summary jurisdiction
- Joseph Kearney v Accrue Property Pty Ltd and Anor [2020] FCCA 74 - successful defence of pleadings - interaction of legal construct of continuing breach and accessorial liability provisions of the Fair Work Act 2009
- Toby Tucker v The State of Victoria [2019] VSC 635 - defence of application for stay/adjournment - no stay of proceedings pending determination of Fair Work Commission proceedings (with Justin Bourke QC)
- Separator Technology Solutions Pty Ltd v Yin Han [2018] VCC 1922 - breach of confidence - successfully defended application for interlocutory injunction - no serious question to be tried
- AC v St Joseph's Flexible Learning Centre [2019] FWC 6630 - successful unfair dismissal application - alleged misconduct - no valid reason found to exist
- Nurses Kurucuk v Mining One Pty Ltd [2019] FWC 1236 - successful defence of costs application
- Boeing Aerostructures Australia Pty Ltd t/a Boeing Aerostructures Australia v Gualano, Tuddenham and Anor [2018] FWC 7490 - dispute under DRP as to the interpretation of an enterprise agreement
- The Police Federation of Australia v Victoria Police [2018] FWC 5695 - arbitration of request for flexible work arrangement - whether refusal was on reasonable business grounds
- Larosa v Number 100 Pty Ltd & Anor [2018] FCCA 1312 - successfully defended claims for underpayments, breaches of general protections; existence of employment relationship
- Dyke and Pedlar v Frank D'Urbano Management Services Pty Ltd (2018) H12194260, H12193631 - ordinary and customary turnover of labour associated with the loss of Australia Post delivery contracts
- Yadav v Trustee for Maddingley Montessori Centre Unit Trust [2018] FWC 2883 - successful unfair dismissal claim, finding that conduct did not amount to misconduct and there was no valid reason for dismissal
- In the matter of the Suitability Panel RIVE 17 (confidential) - acting for the employee, finding that the employee did not present an unacceptable risk to children under the Children Youth and Families Act 2005 (Vic)
- United Firefighters' Union v Metropolitan Fire Brigade (2017) FCA - defending application for interlocutory injunction, alleged breach of consultation obligations under enterprise agreement (with Melinda Richards SC)
- Kyle Bumpstead v Wyndham Central Secondary College [2017] FWC 5794 - successfully opposed a finding of jurisdiction, application dismissed
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Postal Corporation [2017] FCA 1091 - successfully defended claims for breach of superannuation trust deed, s.345 FW Act (misrepresentations about workplace rights) and claims in estoppel and contract (with Jennifer Batrouney QC)
- Darren Lacey and Chris Kandelaars v Murrays Australia Pty Limited; Andrew Cullen [2017] FWC 3136 - successfully opposed application for bullying orders
- Knight v Visionstream Australia Pty Limited [2017] FCCA 980 - application to amend parties to a general protections claim dismissed where employer was not the entity named in the FWC certificate
- Paul Baird v Airservices Australia [2017] FWC 1946 - successfully defended unfair dismissal claim - misconduct
- Fair Work Ombudsman v Food Republic Pty Ltd [2017] FCCA 263 - underpayments - record keeping breaches
- Abdul Soomro v Murrays Australia Pty Limited T/A Murrays Australia [2016] FWC 8211 - successfully defended unfair dismissal claim
- Bendigo Health Care Group v Richard Logan [2016] FWCFB 7190 - successfully defended appeal and successfully prosecuted unfair dismissal claim at first instance - employee reinstated with backpay
- United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2016] FWCFB 2894 - dispute about matters pertaining (with Melinda Richards SC)
- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v CBI Constructors Pty Ltd [2015] FWC 7460 - dispute about shift work allowances (with Richard Dalton)
- Lion Dairy and Drinks Milk Limited v Peter Norman [2016] FWCFB 4218 - successful appeal of Peter Norman v Lion Dairy and Drinks Milk Limited [2016] FWC 840 - unfair dismissal - medical incapacity
- Jahangir Farzady v Monochromatic Engineering Pty Ltd T/A MCE Lasers [2015] FWC 7216 - successful unfair dismissal claim - compensation cap awarded (6 months) - Monochromatic Engineering Pty Ltd T/A MCE Lasers v Jahangir Farzady [2016] FWCFB 1061 - successfully defence of permission to appeal application
- Virata v NSW Motel Management Services Pty Ltd [2015] FWC 7932 - unfair dismissal - compensation cap awarded (6 months)
From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.
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.