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.
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.
Joanne's expertise and interest is in environmental and planning law. She appears regularly before the Victorian Civil and Administrative Tribunal, Planning Panels Victoria and the Supreme Court of Victoria.
Joanne has accepted briefs to represent and provide advice to the Minister for Planning, State Government departments, statutory authorities, developers & proponents, responsible & planning authorities and third party objectors. Joanne’s approach benefits from the extensive and broad experience she gained working as Legal Counsel in Local Government and as a Senior Associate specialising in commercial litigation in private practice.
In addition to her expertise in town planning, Joanne specialises in matters relating to contaminated land, wind farms, landfills, water (including review of decisions for groundwater licences and prosecutions under the Water Act), climate change, quarries, hazardous waste and noise & odour emissions
.
Joanne is the legal editor of Victorian Planning Reports and a co-author of VCAT Decisions in Planning News.
She is a member of the Victorian Bar’s Climate Change and Environmental Law Panel, the Victorian Planning and Environmental Law Association and the Law Institute of Victoria’s Planning and Local Government Committee.
From 12th Feb 2009, liability limited by a scheme approved under Professional Standards Legislation
Since coming to the bar in 2010, Jane has practiced in the local government, planning and environment field. She frequently appears and advises in matters before the Victorian Civil and Administrative Tribunal, Planning Panels Victoria and various ministerial panels. She also advises and appears in planning, building, local government and administrative law matters in the Magistrates Court and Supreme Court.
Jane acts for developers (including listed companies and smaller companies), statutory authorities such as local government, Victrack and the Environment Protection Authority, third party objectors and submitters to VCAT and panels.
Prior to becoming a lawyer, Jane was a statutory town planner for approximately 10 years working in both the private and public sector. As a statutory planner in local government she gained extensive experience in the planning permit and amendment processes and in the private sector she frequently drafted statements of evidence for expert planners and urban designers. In her position as Planning Appeals Advocate/ Coordinator, she regularly appeared before the Planning List at VCAT on behalf of the Responsible Authority.
Before coming to the bar Jane was a solicitor at Maddocks Lawyers in the Planning and Environment Group, where she regularly appeared at VCAT in relation to merits appeals, declaration applications, enforcement orders and contempt proceedings. She also had carriage and instructed in matters on appeal from VCAT to the Supreme Court and provided advice in planning and local government matters, and drafted and reviewed Section 173 agreements.
In 2006-7 Jane was articled to Mallesons Stephen Jaques where, amongst other things, she successfully assisted a major retail client through the permit and planning scheme amendment process.
Jane is a Board member (Treasurer) of the Victorian Planning and Environment Law Association.
Liability limited by a scheme approved under Professional Standards legislation.
Maree has a busy trial and appellate practice, specialising in common law and public and administrative law disputes. She primarily accepts briefs in Victorian and Tasmanian matters.
Maree completed a Master of Law degree at the University of Cambridge, on a scholarship from the Cambridge Trusts. She also has a First Class Honours undergraduate degree in law from the University of Tasmania.
Previously, Maree was an Associate to the Honourable Justice Neave of the Victorian Court of Appeal, and a Senior Associate in the Litigation practice group at Allens. She is a reporter for the Victorian Reports and a member of the Dever’s List Committee and the ABA Ethics Committee.
A summary of Maree’s recent experience follows:
Administrative and public law
Between 2021 and 2023, Maree was Counsel Assisting the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings (led by E Bennett SC). She has significant Royal Commission experience, having represented clients in the Banking, Aged Care and Disability Royal Commissions.
She regularly appears in judicial review proceedings in the Supreme Courts of Victoria and Tasmania. Recent cases include:
In addition to the above appearance work, Maree is regularly briefed to provide advice to government departments and statutory authorities. Maree is also available for inquiry and investigation work.
Personal injuries and tort
Maree currently acts personal injuries and property damage claims in the Supreme Courts of Victoria and Tasmania.
She has particular experience in historical child sexual abuse and appellate cases, including:
Liability limited by a scheme approved under Professional Standards Legislation
Contact the clerk for any enquiries
Available as a mediator and arbitrator
Sebastian practises in public, administrative and common law.
He acts both for and against government agencies and departments, local government and other statutory bodies in areas including licensing and regulation (with administrative and offence provisions), coronial inquiries and police torts.
He has appeared as Counsel assisting and interested parties in the Coroner's Court and before specialist Tribunals including the Building Appeals Board and the Veterinary Practitioners Registration Board.
He has experience in Education Law and the operation of the Child Wellbeing and Safety Act having conducted numerous investigations for schools and education providers overseen by the Commission for Children and Young People.
He is regularly briefed in disciplinary matters both on behalf of regulatory bodies and respondents and has extensive experience particularly in health practitioner Immediate Action proceedings and referral matters under the National Law. He has appeared in NCAT (NSW Civil and Administrative Tribunal) and the Tasmanian Veterinary Board.
Sebastian has appeared in judicial review matters in the Supreme Court and was recently junior Counsel to Dr. S.B. McNicol QC in the matter of Southgate Management Pty Ltd v Nitschke [2018] VSC 236 before Priest AJ regarding the validity of charges issued under the Food Act 1984.
Sebastian was Counsel Assisting the Coroner in the inquests into the deaths of Stephen Niit (death in custody) and the deaths of Maureen Braddy and Allan Whyte (cold case disappearance) and Sargun Ragi & Avijit Singh (domestic violence homicide / suicide matter).
The RSPCA also frequently brief Sebastian in relation to offences committed under the Prevention of Cruelty to Animals Act 1986.
He has appeared and has done work for a number of statutory authorities and agencies including PrimeSafe, Melbourne Water, the City of Melbourne and Workcover.
He was briefed to advise the Department of Premier and Cabinet in regard to the Legislative Council Select Committee on Gaming Licensing.
Sebastian also has experience in conducting common law proceedings.
In 2016 he became a member of the Appeals Committee of the Royal Australasian College of Surgeons and in 2018 was invited to join the Professional Standards Committee of the Royal Australasian College of Surgeons.
Sebastian also sits on the Board of Directors of MiCare an aged care and migration services provider and is President of his local junior football club.
Sebastian is a current member of the Victorian Bar's Student Engagement Committee.
Liability limited by a scheme approved under Professional Standards legislation.
Phil practises in commercial and public law.
In public law, Phil has appeared in both judicial and merits review matters at all levels, including as a junior in the High Court of Australia. Phil has taught public law subjects at the University of Melbourne and La Trobe University.
Phil has particular expertise in professional regulation, environmental law and general administrative law cases (from licensing to patent matters). Phil has appeared for statutory bodies and professionals in numerous merits review and appeal proceedings in the regulation of accountants, lawyers and health practitioners, and is regularly briefed in merits review proceedings for both medical boards and health practitioners.
In commercial law, Phil has a broad practice including building and construction, sale of business and general contractual matters, in addition to insurance and banking cases.
Prior to coming to the Bar, Phil was a commercial and public litigation solicitor at Ashurst and Browne & Co in Melbourne, a Principal Legal Policy Officer in the Department of Justice in Victoria, and Associate to the Honourable Justice Habersberger in the Supreme Court of Victoria. Phil also practised in the United Kingdom with Richard Buxton Environmental and Public Law, with whom he instructed at the Supreme Court, and at the Compliance Committee for the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters at the United Nations in Geneva.
Phil is approachable and practical. His recent matters include:
Perrett-Abrahams v Psychology Board of Australia (Review and Regulation) [2017] VCAT 877
Rein v Australian Health Practitioner Regulation Agency (Human Rights) [2017] VCAT 452
Woolworths Limited v The Administrator of the Northern Territory & Ors Federal Court NTD7 of 2017 (for the Applicant challenging the legality of regulation under the Liquor Act (NT), with Alistair Wyville QC, resolved prior to hearing - regulation repealed and legislation amended)
Syme v Medical Board of Australia (Review and Regulation) [2016] VCAT 2150
Rein v Nursing and Midwifery Board of Australia (Review and Regulation) [2016] VCAT1426
Environment Centre Northern Territory Inc v Minister for the Environment Federal Court NTD3 of 2016 (for the Applicant under the AD(JR) Act regarding approval under the EPBC Act of the Port Melville marine supply base, with Peter Gray QC, resolved prior to hearing - decision quashed and remitted)
Medical Board of Australia v Kemp (Review and Regulation) [2016] VCAT 2039
Jagroop v Minister for Immigration and Border Protection [2016] FCAFC 48
Dauguet v Centrelink [2015] FCA 1212
Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29
Miles v Commissioner of Patents [2014] HCATrans 293
Miles v Commissioner of Patents [2014] FCAFC 109
Muto v Secretary to the Department of Planning and Community Development (Review and Regulation) [2013] VCAT 1533
From 17 May 2013, liability is limited by a scheme approved under Professional Standards legislation.
David has a broad Commercial practice involving both Trial and Appellate work. David's practice involves him appearing and advising in many aspects of the law. He provides a methodical and personal approach in assisting clients in reducing the impact of litigation by managing the matter in a positive and practical way.
From 16/07/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Jack has a broad practice, focussing on industrial and employment law (including discrimination) matters, administrative law matters, commercial law matters and common law matters.
Jack is an experienced trial and appellate advocate who appears in courts and tribunals in Victoria and nationally. He also appears as an advocate before military tribunals on behalf of members of the Australian Defence Force, and for parties in connection with Royal Commissions and inquiries.
Jack has particular expertise in all matters involving the interpretation and application of the Fair Work Act 2009 (Cth) and other industrial and anti-discrimination legislation; and applications for judicial review under the Fair Work Act. He has acted for private individuals and corporations (including ASX listed corporations), the Commonwealth and the State of Victoria, other States and their agencies, regulators and other government bodies.
Jack has appeared for clients across a broad range of industries including health and aged care, education, manufacturing, construction, transport and logistics, and banking and finance.
Before coming to the Bar in 2007, Jack served as an associate to Callaway JA of the Court of Appeal of the Supreme Court of Victoria. He read with Stephen O’Meara (now O’Meara J). Jack has mentored four readers: Emma Harold, Patrick Tiernan, Niko Kordos and Ben Holding.
Jack is a former member of the Victorian Bar Council and has served on other Committees of the Bar. He is also a member of the Industrial, Commercial, Common Law and Military Bar Associations.
Examples of cases in which Jack has appeared can be found below.
For further information about his availability, fee rates and other information, please contact his clerk on 9225 7999 or by email to dever@vicbar.com.au.
Cases in which Jack has appeared
(Jack’s client is in bold text)
Ambulance Victoria v Richardson [2024] FWCFB 366 (appeal)
Australian Municipal, Administrative, Clerical and Services Union v Helloworld Travel Limited, Viva Holidays II Limited [2021] FWC 6535 (arbitration)
Australian Workers' Union v Chemring Australia Pty Ltd [2019] FCA 750 (interlocutory application)
Briggs v AWH Pty Ltd [2013] FWCFB 3316; (2013) 231 IR 159 (appeal)
Buckeridge v Littlepay Pty Ltd [2023] FCA 1036 (trial)
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Siemens Ltd [2016] FWC 2041 (arbitration)
Construction, Forestry, Maritime, Mining and Energy Union v Geocon Constructors (ACT) Pty Ltd [2020] FWCFB 5208 (appeal)
Curatolo v Skye Children's Co-Operative Ltd [2015] FCA 14 (trial)
Dixon v United Workers Union [2023] FCA 1526 (interlocutory application)
Dr Shaodi You v Commonwealth Scientific and Industrial Research Organisation t/a CSIRO [2020] FWC 2752 (interlocutory application)
Ermel v DuluxGroup (Australia) Pty Ltd (No 2) [2015] FCA 17; (2015) 67 AILR 102-332 (trial)
Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134; (2018) 282 IR 86; (2018) 360 ALR 236 (with Jenny Firkin, now KC; appeal)
Fair Work Ombudsman v Skilled Offshore (Australia) Pty Ltd (No 2) [2015] FCA 1509 (interlocutory application)
Freedom Finance Accounting Pty Ltd v Goldstein [2017] VSC 179 (interlocutory application)
Hansen v Mt Martha Community Learning Centre Inc [2015] FCA 1099; (2015) 254 IR 1 (trial)
Jetstar Services Pty Ltd v L Ishak [2013] FWCFB 7030; (2013) 236 IR 274 (appeal)
Jirina Born v Mercy Hospitals Victoria Ltd [2017] FWC 1131 (arbitration)
Johnson v CUB Pty Ltd (2021) 287 FCR 520; (2021) 313 IR 44; [2021] FCAFC 219 (judicial review)
Lacson v Australian Postal Corporation (2019) 268 FCR 314; (2019) 284 IR 449; [2019] FCA 51
(trial)
Laverton Cold Storage Pty Ltd v National Union of Workers [2018] VSC 503 (interlocutory application)
Lyndoch Living Inc T/A Lyndoch Warrnambool v S Bolden [2014] FWCFB 5969 (appeal)
Maric v Ericsson Australia Pty Ltd [2020] FCA 452; (2020) 293 IR 442 (trial)
MCLT v Director-General of Security [2018] AATA 1359 (merits review)
Miller v DPV Health Ltd [2019] FWCFB 6890 (appeal)
Monash Health v Singh [2023] FCAFC 166; (2023) 327 IR 196 (appeal)
Nuttall v Hatch Pty Ltd [2024] FCA 339 (trial)
Pipe Hunter Pty Ltd T/A Pipe Hunter v Mr Daniel Mahony and Mr Anthony Russell [2013] FWCFB 4852 (appeal)
Printing Industry Association of Australia v Jurkin [2018] FCA 1001 (appeal)
Qube Ports Pty Limited v Mr Rudy Burkhardt [2022] FWCFB 65 (appeal)
Roberts-Smith v Fairfax Media Publications Pty Limited (No 28) [2022] FCA 115 (interlocutory application)
Roberts-Smith v Fairfax Media Publications Pty Ltd & Ors (No 40) [2022] FCA 1614 (interlocutory application)
Roohizadegan v TechnologyOne Ltd (No 2) [2020] FCA 1407; (2020) 301 IR 1 (trial)
Serpanos v Commonwealth of Australia [2022] FCA 1226 (trial)
TechnologyOne v Roohizadegan (2021) 309 IR 262; [2021] FCAFC 137 (led by Bret Walker SC, with Rowan Minson; appeal)
Thomas v University of Melbourne (No 4) [2019] FCA 1798 (interlocutory application)
TIOBE Pty Ltd T/A TIOBE v Chen [2018] FWCFB 5726; (2018) 282 IR 1 (appeal)
Transport Workers’ Union of Australia v Linfox Armaguard Pty Ltd T/A Armaguard [2023] FWC 204 (arbitration)
United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2017] FWCFB 2500; (2017) 266 IR 242 (appeal)
Von Schoeler v Allen Taylor and Company Ltd (t/as Boral Timber) (2020) 273 FCR 189; (2020) 376 ALR 110; [2020] FCAFC 13 (appeal)
Liability limited by a scheme approved under Professional Standards Legislation.
Jennifer Cowen primarily practises in medical negligence and personal injuries litigation and health law. Jennifer has 20 years' legal experience managing a wide range of litigation including medical negligence, personal injuries, product liability, insurance and professional negligence claims, coronial inquests and disciplinary proceedings relating to health professionals. She also has expertise in advising on other aspects of health law such as issues of consent, freedom of information, health records and regulatory requirements. Jennifer regularly appears in the Supreme Court, County Court and Coroners' Court.
Prior to coming to the Bar, Jennifer was a Special Counsel in the Insurance and Corporate Risk Group of Minter Ellison, where she specialised in medical indemnity litigation and health law, acting on behalf of clients such as the Victorian Managed Insurance Authority, public and private health care providers and insurers. Jennifer also acted for both insurers and insured parties in insurance disputes.
Jennifer holds a Bachelor of Science and Bachelor of Laws (Hons) from Monash University as well as a Master of Health and Medical Law from the University of Melbourne. Jennifer read with Patricia Riddell (now Her Honour Judge Riddell of the County Court), with Ross Gillies QC as her senior mentor.
From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.
The Honourable Kevin Bell AO KC FCIArb Accredited Mediator NMAS is a former senior jurist and advocate with extensive experience in the law, including commercial law, criminal law, common law, public law and human rights, including Indigenous rights. In 2024, he received the award of Officer of the Order of Australia for his 'distinguished service to the law and to the judiciary, and to human rights through education and reform.' He holds a Bachelor of Arts and a Bachelor of Law (Hons) from Monash University, a Master of Studies in International Human Rights Law from Oxford University and a Bachelor of Applied Science (Wine Science) from Charles Sturt University.
For fifteen years from 2005-2020, Professor Bell was a Justice of the Supreme Court of Victoria. He sat in all divisions of the court. He played a pivotal role in the implementation and operation of the Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) within the Victorian legal system, among other things. In 2007, he chaired the committee overseeing the report that led to the introduction of the court's judicial mediation program. He was the President of the Victorian Administrative Appeals Tribunal for two years in 2008-2010 and over-hauled its mediation operations in this period. He was the President of the Forensic Leave Panel for five years in 2015-2020.
For two years from 2020-2022, Professor Bell was a professor in the area of International Human Rights Law in the Faculty of Law at Monash University and Director of the Castan Centre for Human Rights Law in that Faculty. He used his extensive professional experience and strong reputation for excellence in judicial scholarship to promote and develop international human rights law and human rights research and education. He is now an Adjunct Professor in the Faculty.
For two and a half years from 2021-2023, Professor Bell was a Commissioner of the Yoorrook Justice Commission. The Commission is a Royal Commission established with a wide mandate to examine the impact of colonisation on the First Peoples of Victoria and to make recommendations for realising their self-determination through Victoria's treaty-making process. Professor Bell especially contributed to the Commission's work in the areas of child protection, criminal justice and in Indigenous human and cultural rights.
For two years in 2022-2023 Professor Bell was Co-Chair of the Steering Committee to develop the National Mental Health Commission Stigma and Discrimination Reduction Strategy. He is a Fellow of the Australian Academy of Law.
He is now an Arbitrator and Mediator on Dever's List at the Victorian Bar.
Sam practises in all areas of public and commercial law.
Before coming to the Bar, Sam worked as Counsel Assisting the then Solicitor-General for Victoria, Rowena Orr KC (now the Hon Justice Rowena Orr). He was also an Associate to the Hon Justice Steward of the High Court of Australia.
He commenced his career as a solicitor in the litigation team at Arnold Bloch Leibler, where he practised in general commercial disputes and corporate insolvency.
Sam holds a Bachelor of Arts (Honours) and a Juris Doctor from the University of Melbourne, where he ranked second in his graduating cohort and was an Editor of the Melbourne University Law Review.
Sam is reading with Fiona Batten. His senior mentor is Philip Solomon KC.
Liability limited by a scheme approved under Professional Standards legislation.