Search Results

  • PHIL DEVER
  • MICHAEL DEVER
  • MIRIAM DARYONO
  • BEN RUSKIN
  • ANNETTE THOMPSON
  • RENEE TOMLINSON
  • MEGAN SECKER
  • ANNABIE LAVERY
  • JOSEPH HARTLEY
  • JESS KALAJA
  • Anderson Adrian

    Adrian is an advocate practising in sports law, disciplinary tribunals and appeals, defamation, suppression orders, contempt, common law/personal injuries, criminal and general commercial law. He brings to the Bar experience as a senior executive in major professional sport.

    A former partner in the commercial litigation division of Corrs Chambers Westgarth, Adrian was General Manager of Football Operations of the AFL from 2004-2012 establishing the AFL’s integrity unit, tribunal system and heading negotiations such as the Collective Bargaining Agreement. At Corrs, he was the principal media law advisor to the Herald Sun and 3AW. He also acted for the AFL Players’ Association, the Australian Cricketers’ Association, Greyhound Racing Victoria, and professional athletes in disciplinary matters, anti-doping cases and contractual disputes.

    Immediately prior to joining the Bar, Adrian:

    • conducted an integrity review for Cricket Australia concerning the threats of match fixing and doping
    • was appointed interim CEO of Cycling Australia by the Australian Sports Commission to implement governance and financial reform
    • conducted a player welfare review on behalf of the NRL.

    He has recently appeared in:

    • Defamation, ACL and injurious falsehood proceedings in the Supreme Court and County Court
    • Disciplinary tribunals and appeals in the Supreme Court , Court of Appeal, VCAT, the Victorian Racing Tribunal, the Racing Appeals Tribunal NSW, and the AFL, VFL and Football Victoria tribunals
    • A rape trial in the County Court
    • County Court negligence matters and serious injury applications
    • General commercial and criminal law matters
    • Court of Appeal matters.

    He is a committee member of the Melbourne Cricket Club, the National Golf Club, Chairman of MyGolf (JV between Golf Australia and PGA Australia), a Cricket Australia Conduct Commissioner, Chair of the Independent Integrity Division Hearing Panel of the Victorian Amateur Football Association, and Member of the Rules Committee of Harness Racing Australia. He has the indictable crime certificate.

    Recent matters in which Adrian has appeared include:

    Sports and other disciplinary matters:

    • Football Victoria v Nunawading Football Club, Theo, Khalfallah and ors, FV Tribunal, 14 July 2021
    • Counsel for Athletics Australia in selection disputes for Tokyo Olympics 2021
    • Bailey Fritsch, AFL Tribunal, 4 May 2021
    • Douglas and Tormey v HRV [2021] VSCA 128
    • Goodrich v Kilmore Racing Club and Racing Victoria [2021] VSC 20 (strike out application re claims of breach of contract, denial of natural justice, restraint of trade)
    • AFL/VFL Tribunal appearances for Essendon and GWS players 2015 - 2021, recently Ryan Angwin 30 March 2021
    • Douglas and Tormey v HRV [2020] VSC 568 (re jurisdiction of VCAT)
    • RV v Richard Laming (application to test RV sample, Judge Bowman, VRT, 21 April 2020)
    • Dr Brennan v Veterinary Practitioners Board (stay application, Senior Member Wentworth, 28 February 2020)
    • Des Dooley v Greyhound Racing Victoria [2020] VCAT 189 (life ban reduced due to special circumstances)
    • Jeff Tabone v HRV [2019] VCAT 1701 (TCO2 presentation charge - alleged material flaw in testing procedure)
    • Scott Dyer v HRV, VCAT, 8 October 2019 (appeal on penalty - involvement in race fixing)
    • HRV v Tormey and Douglas, RADB (Chair Judge Hicks), 24-25 September 2019, (tubing charge)
    • Diane Dooley v GRV [2019] VCAT 1514 with Brendan Murphy QC ('special circumstances' under GRV Rules)
    • Toby Greene v AFL, AFL Appeals Board (Chair Murray Kellam QC), 19 September 2019 , with Ross Gillies QC
    • AFLQ v Jason Burge, Tribunal 4 September 2019, and Appeal 10 September 2019
    • WRFL v Deer Park FC, VFL Disciplinary Committee, 27 August 2019 (salary cap charges)
    • Racing Victoria v Monica Croston, RADB (Chair Judge Bowman), 17 July 2019 (cobalt administration charge)
    • RNSW v David Brideoake, Stewards' inquiry before Mr Van Gestel, decision published 18 June 2019
    • HRV v Scott Dyer, RADB, 22 May 2019 (merits, corrupt conduct, and interference with test charges)
    • GRV v Des and Diane Dooley, RADB, 29 January 2019
    • HRV v Jack, Pitt and Bartley [2018] VCAT 1981 with Chris Winneke QC, and RADB 16 November 2018 (stay application and appeal)
    • Tardio v HRV, Cavanough J, [2018] VSC 722, and previous application to vacate stay 20/11/18
    • Cameron Fitzpatrick v HRNSW, Racing Appeals Tribunal NSW, 19 June 2018 with C Winneke QC (severity appeal)
    • HRV v Eastman, RADB, 28 May 2018 (race fixing charges)
    • Adrian Kenyon v GRV, RADB, 23 April 2018 (EPO administration charge)
    • Russell Clarke v Racing Victoria [2018] VCAT 747 (trainer licence application)
    • Chairman of the GRNSW Inquiry into the unauthorized export of greyhounds - Penalty decision for Michael Eberand (25/3/19), Decisions re Eberands, Cortis, Lagogiane (9/1/19), Michael Abbott (20/9/18), Farrugias (23/10/17), Paul Wheeler (20/4/18), Yiwen Xi and Wei Shan (24/4/18), and Cauchis (31/5/18)
    • Joshua Henshaw v Basketball Victoria Incorporated, Magistrate McCallum, Case No. H13331912, 8 February 2018,(injunction under Associations Incorporation Reform Act 2012 (Vic))
    • Ben Thompson v Racing Victoria, RADB (Chair Judge Bowman), 20 December 2017 (reckless riding charge)
    • QAFL Tribunal for Palm Beach Captain Jesse Derrick prior to QAFL grand final 2017
    • Victorian Building Authority v Jim Tsaganas [2017] VSCA 248 (with Chris Winneke QC)
    • Cyan Racing v Rogers Engineering & Development Pty Ltd, SCV injunction application, J Forrest J, 10 January 2017
    • Victorian Building Authority v Jim Tsaganas [2016] VCAT 1732 (plea before Dyer J)
    • HRV v Kilduff [2017] VCAT 2068, Snr Member Butcher (testosterone administration charge)
    • HRV v Vozlic [2017] VCAT 485, Vice President, Hampel J, (breach of conditions of disqualification)
    • HRV v Aiken (Snr Member Butcher, 26/4/17)
    • Racing Victoria v O’Brien, Mark Kavanagh and Dr Brennan (Decisions of RADB of 23/12/15 and 20/1/16)
    • Racing NSW v Sam Kavanagh, Dr Brennan and Dr Mathews (Racing Appeals Tribunal NSW decisions 6/5/16 and 17/6/16)
    • Greyhound Racing Victoria v Jason Thompson (RADB 3/4/17 and GRV appeal to VCAT 6/9/17)
    • Greyhound Racing Victoria v Braden Finn RADB decision 23/6/16 (cocaine presentation charge)
    • Victorian Football Federation Tribunal on behalf of North Sunshine Eagles SC and Diellon Memishi (2015)
    • Appeal against grand final disqualification on behalf of Melbourne East Basketball Association to Basketball Australia Appeals Tribunal (20/9/16)
    • Appeal on behalf of James Lawton and Adam Cullen to AFL Riverina Appeal Tribunal 5/9/15.

    Defamation/ACL/injurious falsehood/suppression orders/commercial

    • Stanowitsch International Pty Ltd v Steven Drake [2021] VCC 436 (ACL claim)
    • Farrah and DRF LLC v Smith and Doc Adam Pty Ltd [2021] VSC 158 (interlocutory injunction denied)
    • Holten v Fehsenfeld (Ruling) [2021] VCC 404 (pleading dispute in defamation and injurious falsehood claim)
    • Patrick Lennon v The Herald and Weekly Times Ltd (ruling) [2021] VSC 147
    • Abela v Tracey Grimshaw, Nine Network, and Neil Mitchell [2020] VCC 1237 (summary judgment for defendants)
    • Janet Young v Steve Healy [2018] VSC 546 (extension of time and default judgment applications)
    • Asmar v Fontana and Laurence [2018] VSC 382 (strike out application)
    • Appeared for Nationwide News Pty Ltd and the Age Company Pty Ltd before Bromberg J on 1/2/19 to oppose suppression application on behalf of the AWU in AWU v Registered Organisations Commissioner and Ors
    • Ptasznik v Australian Medical Association [2018] VSC 275
    • Appeared for ABC opposing application for blanket suppression order in DPP v Pell, Chief Judge Kidd, 24/5/18
    • Stuart Johnston v Nicola Holland [2017] VSC 597, John Dixon J, (with David Collins QC)
    • Stuart Johnston v Nicola Holland [2017] VSC 448, Derham AsJ
    • Hanks v Johnston [2015] VSC 570 and [2016] VSC 149
    • Johnston v Holland [2016] VSC 340
    • Nadinic v Nine Network Australia Pty Ltd (Supreme Court injunction application before Ginnane J, 13/5/15)
    • Hanks v Johnston [2016] VSC 629
    • advising and drawing pleadings in multiple other defamation and related proceedings issued in SCV, Federal Court, County Court and Magistrates Court.

    Crime

    • DPP v Clinton Leahy (rape trial in County Court of Victoria concluding 21 May 2019)
    • committal hearings, pleas, interlocutory matters.

    Common law/personal injury

    • Beau Hart v Beaumaris Junior Football Club, South Metro Junior Football League, and Bayside City Council (with Jeff Moore QC)
    • Multiple serious injury applications and personal injury proceedings.


    From 15 May 2015, liability limited by a scheme approved under Professional Standards legislation.

  • Angenent Johannes

    Johannes has a common law and commercial practice with a particular focus on personal injuries including Workcover and TAC claims.

    Before coming to the Bar, Johannes worked on a broad range of commercial and common law disputes as a solicitor including personal injuries, insurance law, competition law, contract, corporations, banking and trust law.

    Johannes practises in all Victorian courts and tribunals, as well as in the Federal Court.

    Johannes is a member of the Common Law Bar Association.

    From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.

  • Atkinson Grant

    Solicitor in Perth and subsequently Partner at Ridgeway Clements, Melbourne, specialising in Family Law. Experienced in all aspects of Family Law, De facto and related matters.

    Qualified Mediator.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Badali Fatmir

    Fatmir is an experienced commercial and regulatory litigator specialising in contractual and corporate law disputes; tax disputes; environmental, major torts and product liability claims; regulatory investigations and prosecutions as well as proceedings before inquisitorial forums including coronial investigations and inquests, IBAC and Ombudsman's investigations; Judicial, Parliamentary and Royal Commissions of Inquiry.

    Prior to coming to the Bar, Fatmir was a Partner in the Disputes team at Gadens Melbourne (2010-2017) and a Senior Associate in the litigation group at Blake Dawson (now Ashurst).

    Fatmir is the current president of the National Product Liability Association and a Director of Inquire Australia.

    Fatmir has been listed in the Australian Financial Review's Best Lawyers for Litigation for 2016, 2017, 2018, 2019 and 2020.


     

     

    From 26th May 2017, liability limited by a scheme approved under Professional Standards legislation.


     

  • Baker Adam

    Adam has a general commercial practice which includes:

    • commercial contracts, equity and trade practices;
    • banking and finance including consumer and commercial lending;
    • insurance and liability matters;
    • building and construction matters;
    • building regulation and prosecutions under Building Act 1993 and the Domestic Building Contracts Act 1995; and
    • contempt proceedings.


    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.

     

     

     

  • Bannon Andrea

    Before being called to the Victorian Bar, Andrea was a partner at Hall & Wilcox Lawyers, acting for WorkSafe Victoria and its agent insurers and employers. Prior to that she was the Senior Legal Manager of the Common Law team at the Transport Accident Commission. She has worked in the UK and she commenced her career in Tasmania, where she had an extensive plaintiff based personal injury practice.

    Andrea practised for over 20 years as a solicitor, primarily in the area of personal injury and common law. She acted as a solicitor in matters in VCAT, the Magistrates Court, the County Court, the Supreme Court, the Court of Appeal and the High Court of Australia and obtained extensive experience in serious injury applications and negligence Jury trials, including multi-defendant matters.

    She became a LIV accredited specialist in personal injury law 2011 and currently serves on the Law Institute of Victoria committee responsible for accrediting Personal Injury specialists in Victoria.

    Andrea read with Dugald McWilliams and her senior mentor is Roisin Annesley QC.

    Liability limited by a scheme approved under Professional Standards legislation.

  • Barber James

    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

    • Ethics Committee (currently Chair).
    • Insurance Committee.

    Professional Qualifications:

    • Barrister and Solicitor of the Supreme Court of Victoria (admitted 23 April 1992);
    • Barrister and Solicitor of the High Court of Australia (admitted 23 October 1992);
    • Solicitor, England and Wales (admitted 1 August 1997);
    • Member of the Victorian Bar (signed Bar Roll 24 May 2001);
    • Senior Counsel in and for the State of Victoria (appointed 3 November 2022)
    • King’s Counsel (by letters patent dated 20 June 2023).

    Academic Qualifications:

    • LLB (Honours) (Melbourne): qualified 1990, conferred 1991
    • LLM (Merit) (University College, London): 1996
      Subjects: Law of Credit and Security, Restitution, Commercial Conflict of Laws and Theory of Civil Procedure.

    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:

    • a 5-month secondment to the litigation department of a major bank involving either direct conduct or instructing external firms in a wide range of matters including claims for alleged breach of contract, defamation, misrepresentation or misleading and deceptive conduct, breach of confidentiality, breach of fiduciary duty and breach of trust, as well as capital markets disputes and disputes over cheques;
    • acting for IAMA Limited in a merger dispute with subsidiaries of Futuris Limited involving litigation before the Supreme Court of South Australia;
    • acting for the victim in proceedings to recover the fruits of a multi-million-dollar fraud, involving claims for knowing assistance with breach of fiduciary duty against a firm of accountants and restitutionary causes of action.
    • acting for a major law firm in the successful defence of a $1.6 million claim for alleged negligence brought by a property management company;
    • acting for a senior executive of a listed Australian company who was the subject of an inquiry by an industry regulator, resulting in no further action being taken;
    • acting for the International Air Transport Association in a series of successful challenges to UK Government attempts to tighten aircraft noise limits at the London airports.

    From 10th August 2011, liability limited by a scheme approved under Professional Standards Legislation.

  • Barr Brad

    Brad specialises in commercial disputes, with particular expertise in class actions, contract, insurance, construction, property, consumer law and corporations law proceedings. He also practises extensively in common law matters.

    Brad appears regularly in trial, appellate and interlocutory hearings in all state and federal courts and tribunals, at mediations and arbitrations. He appears led, unled and as lead counsel.

    Brad is also a nationally accredited mediator and accepts briefs to mediate in all areas of the law.

    Brad was previously a solicitor in the commercial litigation group at Allens and an associate at the Supreme Court of Victoria in the Court of Appeal. He holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts from Monash University and a Master of Laws from the University of Melbourne.

    A brief selection of matters in which Brad has recently acted includes:

    COMMERCIAL LAW:

    - Aqua Star Pty Ltd v C P Aquaculture (India) PVT Ltd (2024, Court of Appeal, leading C Middleton) (Supply Agreement - Letter of credit - Sale of Goods Act 1958 (Vic) s 19(a) - Breach - Evidence Act 2008 (Vic) ss 69, 183)
    - Orion East Pty Ltd v Box Hill Institute (2022-2024, Supreme Court, led by P Neskovcin KC (as her Honour then was) and then J Gurr SC, briefed by Ashurst) (Development deed - Design development - Repudiation - Termination)
    - Lazarovski v Surbevski (2022-2024, Supreme Court, unled) (Oppression - Directors' duties)
    - Pact Group Holdings (Australia) Pty Ltd v Qube Logistics (Aust) Pty Ltd (2023-2024, Supreme Court, unled, briefed by Ashurst) (Misleading and deceptive conduct - Breach of contract - Detinue - Conversion)
    - Ripani v Century Legend Pty Ltd (2022-2024, Federal Court, led by S Stuckey KC) (Misleading and deceptive conduct - Reliance - Contract - Breach - Repudiation - Estoppel)
    - P20 ESG Acquisition Pty Ltd, in the matter of P20 ESG Acquisition Pty Ltd (2024, Federal Court, unled) (Sections 1322(4)(c) and (d) of the Corporations Act 2001 (Cth))
    - Ballymoss Pty Ltd v Kollaras & Co Pty Ltd (2022-2024, County Court, led by S Hay KC, with J Waller, briefed by Holding Redlich) (Customs duties - Duty drawback - Breach of warranty - Misleading and deceptive conduct)
    - Sarric Pty Ltd v Invidia Foods Pty Ltd (2023-2024, District Court of NSW, unled) (Business sale agreement - Loan facility deed - Service contract - Breach of contract - Acceleration - Unjust enrichment - Indemnity)
    - Sakellaropoulos v Sakellaropoulos (2023, Supreme Court, unled) (Heads of agreement - Deed of settlement - Performance)
    - Larkspur Tribeca Ltd v iSignthis Limited (BVI) (2023, Federal Court, led by G Bigmore KC, briefed by Colin Biggers & Paisley) (Breach of trust - Breach of fiduciary duty - Knowing receipt - Knowing assistance - Rectification - Misleading and deceptive conduct)
    - Santrev Pty Ltd v Orient Poultry (UK) Pty Ltd (2020-2023, Federal Court, unled) (Misleading and deceptive conduct - False and misleading representations - Passing off)
    -Prioletti Consultants Pty Ltd v Box Hill Institute (2022, Supreme Court, unled, briefed by Ashurst) (Registered training organisation - TAFE - Breach of contract - Misleading and deceptive conduct - Unconscionable conduct)
    - Century Legend Pty Ltd v Ripani [2022] FCAFC 191 (Led by S Stuckey QC) (Appeal - Misleading and deceptive conduct - Rejection of witness evidence - Exclusion clauses - Statutory rescission - Equitable rescission)
    - Energy Resources of Australia Ltd, in the matter of Energy Resources of Australia Ltd [2022] FCA 176 (Unled, briefed by Ashurst) (Sections 203AA(2), 205B(5), 1322(4)(c) of the Corporations Act 2001 (Cth))
    - The Walt Disney Company (Australia) Pty Ltd, in the matter of The Walt Disney Company (Australia) Pty Ltd (2022, Federal Court, unled, briefed by Ashurst) (Sections 1322(4)(c) and (d) of the Corporations Act 2001 (Cth))
    - RNB Equities Pty Ltd v Regal Funds Management Pty Ltd (2018-2021, Federal Court, led by G Bigmore QC and M Goldblatt, briefed by Logie Smith Lanyon) (Market manipulation - ss 1041A, 1041B, 1317HA Corporations Act 2001 (Cth) - Derivative financial instrument - Algorithmic trading - Market microstructure)
    - Bachy Soletanche Australia Pty Ltd v Geotech Pty Ltd (2020, Supreme Court, led by R Craig QC, briefed by Ashurst) (Breach of trust - Breach of joint venture deed - Preservation of trust property pending arbitration - "Material adverse effect" - "Material default" - Interim injunction - Interlocutory injunction - Mandatory injunction)
    - West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz) (Acting for the State of Victoria)
    - Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd [2019] VCC 2156 (Unled) (Contract - Repudiation - Expectation damages - Assessment of damages - Whether GST should be included in damages)

    COMMON LAW:

    - Ram v Magri (2023-2024, Supreme Court, unled) (Contract of sale - Terms contract - Equitable lien - Professional negligence by solicitor - Breach of retainer)
    - Todd v Todd (2023-2024, Supreme Court, unled) (Inducing breach of contract - Injurious falsehood)
    - The Tailor Made Spirits Company Limited v Hall & Wilcox (2019, VCAT, unled, briefed by Minter Ellison) (Professional negligence - Breach of retainer - Breach of the Australian Consumer Law - Jurisdiction of VCAT)
    - Williams v AusNet Electricity Services Pty Ltd (2017, Supreme Court, led by G Harris QC, with T Jeffrie, briefed by Colin Biggers & Paisley) (Mickleham bushfire class action - Duty of care - Scope and content of duty - Breach of duty - Legal and factual causation - Apportionment - Contribution)

    BUILDING AND CONSTRUCTION:

    - Becon Investment Group Pty Ltd v Stojanovski (2023-2024, Supreme Court, unled) (Domestic building - Joint venture agreement - Constructive trust - Misleading and deceptive conduct - Estoppel - Restitution)
    - ACN 115 918 959 Pty Ltd v Moulieris (2018-2024, VCAT, led by R Craig QC, briefed by Gadens) (Domestic building - Prime cost items - Provisional sums - Variations - Repudiation - Restitution - Mann v Paterson Constructions Pty Ltd [2019] HCA 32 - Defects - Builder's warranties - Misleading and deceptive conduct)
    - In the matter of the Melbourne Cricket Ground [2022] VBAB 105 (Unled, briefed by Ashurst) (Section 160A Building Act 1993 (Vic) - Application to determine that the proposed performance solution for the cladding arrangement at the Northern Stand complies with the Building Code of Australia)
    - West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz) (Acting for the State of Victoria)

    PRACTICE AND PROCEDURE:

    - ACN 115 918 959 Pty Ltd v Moulieris [2024] VSCA 71 (Led by R Craig KC, briefed by Gadens) (Appeal from Trial Division - Relevant and irrelevant considerations - Dismissal for want of prosecution - Hardship - Conduct of proceeding causing disadvantage)
    - Aqua Star Pty Ltd v C P Aquaculture (India) Pvt Ltd [2024] VSCA 67 (Leading C Middleton) (Application for stay of orders requiring payment of outstanding judgment debt pending appeal)
    - The King v Xpress Building Design Pty Ltd (2023-2024, Supreme Court, unled) (Contempt - Failure to comply with subpoena)
    - Ripani v Century Legend Pty Ltd (No 3) [2023] FCA 812 (Led by S Stuckey KC) (Scope of new trial - Misleading and deceptive conduct)
    - Gomez v Carrafa [2023] FCA 719 (Unled) (Application for extension of time to appeal – Leave to appeal required – No reasonable prospect of success)
    - Ballymoss Pty Ltd v Kollaras & Co Pty Ltd (No 4) [2023] VCC 1268 (Unled, briefed by Holding Redlich) (Particular discovery - Legal professional privilege - Waiver - Security for costs)
    - ACN 115 918 959 Pty Ltd v Moulieris [2022] VSC 555 (Led by R Craig KC, briefed by Gadens) (Appeal from VCAT - Relevant and irrelevant considerations - Legal unreasonableness - Dismissal for want of prosecution - Hardship - Conduct of proceeding causing disadvantage)
    - Gomez v Carrafa [2022] FCA 1013 (Unled) (Strike out application - Application for leave to amend - Bankruptcy - Allegation of malicious prosecution by trustee in bankruptcy – Allegation of misfeasance in public office by trustee in bankruptcy)
    - Gomez v Carrafa [2021] VSCA 661 (Unled) (Special federal matter – Transfer of proceeding to Federal Court – Whether appeal competent – Section 13(a) precludes appeal from decision of court in relation to transfer of proceeding under Act – Whether decision confined to reasons for transfer and not antecedent reasons)
    - Hunter Byron & Co Pty Ltd v AC Home Design Pty Ltd [2021] VSC 777 (Unled) (Judicial review of an order by VCAT – Natural justice – Appeal from an order of VCAT - Reasonable excuse for not attending the hearing)
    - ACN 115 918 959 Pty Ltd v Moulieris [2021] VCAT 1136 (Led by R Craig QC, briefed by Gadens) (Victorian Civil and Administrative Tribunal Act 1998 - Section 76 - Dismissal for want of prosecution - Section 78 - Conduct of proceeding causing disadvantage)
    - Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd (No 2) [2020] VCC 555 (Unled) (Costs - Offer of compromise - Calderbank offer - Costs on an indemnity basis)
    - RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Ltd [2019] FCA 760 (Led by G Bigmore QC, briefed by Logie-Smith Lanyon) (Jurisdiction - Market manipulation - Breach of PDS - Whether "matter" arising under legislation - Accrued jurisdiction - Whether common substratum of facts)
    - RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited (No 2) [2019] FCA 1385 (Led by M Goldblatt, briefed by Logie-Smith Lanyon) (Strike out application – Alternative claim for particulars)


     

    Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

     

  • Niko Kordos


    Niko practises primarily in employment and commercial law. He also accepts briefs in public law and common law matters.

    Before coming to the bar, Niko was the Associate to His Honour Justice Cosgrave (then Judge Cosgrave) and later worked as a solicitor-advocate for Safe Transport Victoria where he ran prosecutions and merits reviews.

    Earlier, Niko practised as a solicitor in the employment and dispute resolution teams at Gadens.

    Niko holds a Bachelor of Arts from Monash University and a Bachelor of Laws (first class honours) from Victoria University where he sits on the Law Faculty’s Program Advisory Committee.

    Niko read with Jack Tracey SC and his senior mentors are Anthony Strahan KC and Paul O'Grady KC.

    Liability limited by a scheme approved under Professional Standards Legislation.

  • Joshua Forrest

    Josh practices in appeals of all kinds and, at first instance, in commercial and public law.

    Before coming to the Bar, Josh was Associate to Justice McLeish of the Victorian Court of Appeal. Before that, he was Associate to Justice Elliott of the Supreme Court of Victoria.

    He also practiced as a solicitor in the dispute resolution team at Arnold Bloch Leibler.

    Josh holds a Bachelor of Arts (Hons), and a Juris Doctor from the University of Melbourne, where he has lectured in public and constitutional law.

    Recent cases in which Josh has been briefed include the following:

    Appellate

    Victorian Workcover Authority v George (VSCA, in progress) – Workers’ compensation – credit – Led by Philip Solomon KC

    Sittrop v Victoria (VSCA, resolved) – Police torts – permanent stay – Led by Shaun Gladman KC

    Catholic Archdiocese of Melbourne v Coughlan (VSCA, resolved) – Statutory interpretation – separate questions – Led by Perry Herzfeld SC

    Clifford (a pseudonym) v Corporation of the Society of the Missionaries of the Sacred Heart [2025] VSCA 169 – Adducing further evidence on appeal – Led by Roisin Annesley KC

    Spotless Facility Services Pty Ltd v Victorian Workcover Authority [2025] VSCA 50 – Negligence – contribution – causation – Led by Philip Solomon KC

    Kesper v Victorian Workcover Authority [2025] VSCA 50 – Workers’ compensation – standard of appellate review – Led by Philip Solomon KC

    Juma v Kone Elevators [2024] VSCA 217 – Accident compensation – credit – Led by Shaun Gladman KC

    First instance

    Han v Town & Country Aged Care Pty Ltd (SCV, in progress) – Judicial review – statutory interpretation – Led by Matthew Hooper SC

    Bi v Touvanna [2025] VSC 153 – Property – summary dismissal – amendments – Led by James WS Peters AM KC

    Boyd Industries Pty Ltd v 1297 KRL McMillans Pty Ltd [2024] FCA 229 – Corporations – provisional liquidator – Unled

    Re Amy Gillett Foundation Pty Ltd (FCA, VID 796/2024) – Corporations – charities – termination of winding up – Unled

    Australian Money Exchange Pty Ltd (in liq) v Llewellyn [2024] VSC 207 and [2023] VSC 601 – Practice and procedure – security for costs – want of prosecution – Led by MA Robins KC


    Liability limited by a scheme approved under Professional Standards Legislation.



1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17