Search Results

  • Molesworth Simon

    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.

  • Connor Paul

    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.

  • Molesworth Lachlan

    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.

  • Lardner Joanne

    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

  • Sharp Jane

    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.

  • Norton Maree

    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:

    • Bob Brown Foundation & Ors v Barnett & Ors, 2023, Full Court of the Tasmanian Supreme Court, reserved (led by M O’Farrell SC)

    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

  • Viney Cal

    Cal has a broad practice in public law spanning first instance and appellate matters. Cal also accepts briefs in some commercial law, common law and industrial law matters.

    He has appeared in the High Court (special leave, led), the Federal Court (led and unled), the FCFCA (led and unled), the Supreme Court of Victoria (Court of Appeal and Trial Division, led and unled), the Supreme Court of Queensland (Trial Division, led), the County Court of Victoria (unled), the VCAT (led and unled), the AAT (led) and the Coroner’s Court of Victoria (led and unled).

    Cal also has experience acting for, and preparing, various persons, including CEOs, senior executives, and Ministers of the Crown, appearing before parliamentary inquires, anti-corruption commissions and ombudsmen, including under compulsory examination.

    For a sample list of cases and inquiries, click here.

    Cal holds an LLM (Public Law) from the London School of Economics and Political Science (2012 to 2013), where he studied as a Chevening Scholar, and was awarded the Stanley De Smith Prize for the best overall performance in the public law specialism. In his undergraduate studies, Cal was awarded the Dean’s Merit List Award in Law.

    Cal read with Nick Wood S.C., and his senior mentor was Sturt Glacken K.C.

    Before coming to the Bar, Cal was Deputy General Counsel/Senior Adviser to the then Premier of Victoria (2016 to 2021), an adviser at the Department of the Prime Minister and Cabinet (2014 to 2016), and a solicitor in the commercial team at Hunt & Hunt Lawyers (2011 to 2012).

    Cal currently sits on the Indigenous Justice Committee of the Victorian Bar, and is a member of Koiki Mabo Chambers.

    From 7 May 2021, liability limited by a scheme approved under Professional Standards legislation.

  • The Hon. David Brookes KC

    Contact the clerk for any enquiries

    Available as a mediator and arbitrator

  • Reid Sebastian

    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.

  • Cadman Philip

    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.

  • Collins David

    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.

  • Tracey John (Jack)

    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.

  • Cowen Jennifer

    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.

  • Kevin Bell AM KC The Hon

    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 Crock

    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.

  • Alden Coral

    Coral practises in common law and commercial law.

    Coral regularly appears in all Victorian courts (both led and unled) and the Victorian Civil and Administrative Tribunal.

    In common law, Coral has advised and appeared in matters involving tort, personal injury, workers’ compensation, transport accidents, occupiers’ liability and defamation law.

    In commercial law, Coral has advised and appeared in matters involving consumer law and contract claims.

    Before coming to the Bar, Coral was Class Actions and Major Torts List Coordinator to the Honourable Justices J Forrest and John Dixon, Associate to the Honourable John T (Jack) Rush AO RFD KC and Executive Assistant to the Honourable Associate Justice Daly, at the Supreme Court of Victoria. She assisted in the hearing and conduct of complex civil and criminal cause and jury matters, urgent applications in the Practice Court and class actions (including supervision of settlements).

    Coral read with Chris Young KC and her senior mentor is Stephen O'Meara KC (now the Honourable Justice O’Meara).

    Recent matters

    Since coming to the Bar, matters in which Coral has been briefed include:

    Commercial law

    • Commissioner for Fair Trading v Bowes Street Developments Pty Limited (2023) – Australian Capital Territory Supreme Court proceeding concerning misleading or deceptive conduct in connection with the sale of apartments (led by I H Percy, ongoing)
    • Cargill Australia Ltd v Viterra Malt Pty Ltd [2022] VSC 13; [2022] VSC 299; Viterra Malt Pty Ltd v Youil [2023] VSCA 304 – Victorian Supreme Court proceeding concerning breach of warranty and misleading or deceptive conduct in connection with sale of business (led by S T Pitt), Victorian Supreme Court of Appeal application for leave to appeal and appeal (led by S T Pitt)

    Defamation

    • Defteros v Google LLC [2020] VSC 219; [2021] VSCA 167; [2021] HCATrans 216; [2022] HCA 27 – Victorian Supreme Court proceeding (led by G L Schoff KC and L De Ferrari SC), Victorian Supreme Court of Appeal application for leave to appeal and appeal (led by B Walker SC and G L Schoff KC), High Court application for special leave to appeal (led by B Walker SC and G L Schoff KC), High Court appeal (led by B Walker SC and G L Schoff KC)

    Common law

    • Fontana v My Rental Pty Ltd (2023) – Victorian County Court proceeding concerning claims in negligence, jury verdict at trial in favour of My Rental (led by C J Blanden KC)
    • Burns v Transport Accident Commission [2020] VCAT 1421; [2022] VSC 294 – VCAT proceeding concerning whether the TAC must make a determination of degree of impairment (unled); Victorian Supreme Court appeal (led by C P Young KC)
    • Bramich v Transport Accident Commission [2020] VCAT 1295; [2022] VSC 330 – VCAT proceeding concerning whether the accident was a ‘transport accident’ (unled); Victorian Supreme Court appeal (led by C P Young KC)
    • Marsh v Transport Accident Commission [2020] VSC 228 – Victorian Supreme Court appeal concerning definition of ‘dependent child’ (led by C P Young KC)
    • Humphris v ConnectEast Nominee Company Pty Ltd [2019] VSCA 3 – Victorian Supreme Court proceeding concerning claims in nuisance and negligence, jury verdict at trial in favour of ConnectEast (led by C G Button SC, now the Honourable Justice Button)

    Commissions

    • Royal Commission into the Management of Police Informants

    Public and regulatory

    • Acting for the Secretary to the Department of Government Services in relation to the Worker Screening Act 2020 (Vic)
    • Advising the Legal Services Commissioner in relation to various complaints and investigations of consumer and disciplinary matters under the Legal Profession Uniform Law (Vic)

    Memberships and Associations

    Reporter, Victorian Reports

    Former Monitor, Class Actions, Victorian Commercial Bar Association



    From 5 May 2017, liability limited by a scheme approved under Professional Standards Legislation

  • Angus Mackenzie

    Angus practices in employment, industrial, commercial and public law.

    His recent cases include:

    Industrial

    • AWU v Altrad APTS Pty Ltd T/A Altrad [2024] FWCFB 21 (unled)
    • AWU v Moag Pty Ltd [2024] FWCFB 259 (unled)
    • Mackillop Family Services Ltd v ASU [2024] FWCFB 306 (unled)
    • BDS Support Services t/a Broadmeadows Disability Services [2024] FWCFB 404 (unled)

    Discrimination

    • Nauman v Bell (Human Rights) [2024] VCAT 269 (unled)

    Equity and Trusts

    • In the matter of TJ Scott & Son Pty Ltd VID625/2021 (led by D Guidolin SC)

    Angus has particular experience in regulatory cases in the Federal Courts, and is the current author of LexisNexis’ Federal Civil Litigation Precedents: Industrial Law.

    Before the bar, Angus was a senior associate in employment and industrial law at Maurice Blackburn and associate to the Honourable Justice Cavanough of the Supreme Court, Judge in Charge of the Judicial Review and Appeals List. As a solicitor, Angus ran litigation concerning industrial action, rules disputes, bargaining, general protections, unfair dismissal and discrimination for trade unions, union members, executives and other employees.

    Angus read with Dean Guidolin SC. His senior mentor is Fiona Forsyth KC.


    Liability limited by a scheme approved under Professional Standards legislation.


  • Czarnota Paul

    Paul is a barrister admitted to the Victorian and New York bars, who practices full-time as independent counsel at the Victorian Bar. A leading senior junior, he maintains a busy trial, appeals and judicial review practice primarily in the areas of personal injuries, insurance, and sports law.

    Recognised by Doyles Guide as a leading Insurance & Personal Injury Law barrister in Victoria in 20222023 and 2024, Paul regularly appears in Workcover, TAC and public liability jury trials, "Serious Injury" applications, s138 recoveries, sporting injury cases, and related appeals. He is one of the "go to" barristers for Medical Panel judicial reviews, having successfully argued many defining cases.

    Paul has extensive experience in sports law, having regularly appeared in, and sat on, various sports tribunals over the years. He was a member of the Australian Olympic Committee nomination and selection appeals panel for the Tokyo 2021 Olympics. In March 2020, he was appointed by the Minister for Sport as an inaugural member (part-time) to the National Sports Tribunal, and has been reappointed for a further 5-year term to 18 June 2028.

    In addition to practice, Paul has worked extensively as an adjunct lecturer including at the Melbourne, Monash University, and the National University of Singapore law schools where he has taught courses in torts and sports law.

    Paul is also the host of his own podcast series "Res Ipsa Loquitur", which delivers caselaw summaries of important and recent cases in the areas of torts, insurance and personal injuries decided in Australia and beyond. To subscribe and listen on Apple, Google, Spotify or iHeart, click the link here: https://omny.fm/shows/res-ipsa-loquitur

    Background

    Paul graduated with Commerce and Law (Honours) degrees from Monash University. He achieved high distinctions in several units including Torts, and completed a semester abroad in KL, Malaysia. He completed articles with a leading plaintiff firm, before working for a national insurance firm, defending common law actions, s138 recoveries, public liability claims, and superannuation TPD disputes. While practising, he completed a Master of Laws at the University of Melbourne. In 2013, he sat and passed the New York bar exam, and was admitted there in 2014. He then worked in the Workcover department of a Melbourne-based mid-size firm before being called to the Victorian Bar.

    Cases

    Some noteworthy cases in which Paul has appeared include the following:

    Victorian Court of Appeal:

    Supreme Court of Victoria:

    County Court of Victoria:

    Active matters

    Some ongoing matters in which Paul is currently briefed include the following:

    • Dunn v VWA (medical panel, judicial review, significant contributing factor, factual error as to period of employment and UV/sun exposure as garbage collector, leading A Macaskill)
    • Addison-Radford v State of Victoria and Head, Transport Victoria (damages claim for psychiatric injuries arising from employment as police officer and exposure to traumatic work-related events, leading C Viney).

    University Appointments

    • Visiting Associate Professor / Senior Fellow, National University of Singapore (2018, 2019, 2021 and 2022) (teaching "Sports Law & Arbitration")
    • Senior Fellow, University of Melbourne (2016-2021) (co-teaching Sports Marketing and Media Law)
    • Senior Fellow, Monash University (2014-2021) (Torts and Current Issues in Sports Law).

    Publications

    • Medical Panels in Victorian Personal Injury Law, Law Institute Journal, January/February 2019
    • "Ambush Marketing" in Sports under Singapore Law, Singapore Law Gazette, July 2017, Pages 22-27
    • “When Ambush Marketers smile at me, I go to Rio”: Protected uses of Olympic Insignia, Victorian Bar CommBar Matters newsletter, 24 August 2016 (co-authored with E Nikou)
    • Validity of International Sports Arbitration Awards rendered by the Court of Arbitration for Sport, Victorian Bar CommBar Matters newsletter, 28 May 2015
    • FIFA Transfer Rules and Unilateral Termination without “Just Cause”, 2 Berkeley Journal of Entertainment and Sports Law (2013)
    • The World Anti-Doping Code, The Athlete’s Duty of ‘Utmost Caution’ and the Elimination of Cheating, (2012) 23 Marquette Sports Law Review 45
    • Athlete Privacy Rights and Endorsement Contracts, (2012) 11 Virginia Sports and Entertainment Law Journal 460
    • The AFL, Joint Venture Defence and Single Economic Entity Theory (2012) 20 Australian Journal of Competition and Consumer Law 149
    • The Right of Publicity in New York and California: A Critical Analysis (2012) 19 Villanova Sports and Entertainment Law Journal 481
    • Disrepute the catch in case against Essendon, The Australian 23 August 2013
    • Sports Lawyer Paul Czarnota outlines how the AFL can prove charges against Essendon, Herald Sun, 20 August 2013
    • NSW Court of Appeal keeps a tight Rein over part time work (co-authored with G Davies)
    • Finch prevails over Telstra Super in the High Court’ (co-authored with G Davies).

    Presentations

    • "Judicial Review of Medical Panels", delivered with C Viney at the ALA Victorian Conference 2023, 6 May 2023;
    • Anti-Doping and Sports Law, NUS CJC Forensics / SUSS Law Society collaboration, 15 December 2022;
    • National Sports Tribunal Member Information Session, delivered to tribunal members and sports body representatives, May 2022;
    • Judicial Review of Medical Panels, CPD seminar delivered to law firms, 2021;
    • Chronic Pain claims, CPD seminar delivered to law firms, August 2020
    • Damages proceedings for breaches of OHS Regulations, CPD seminar delivered to law firms, November 2019
    • "Arising out of, or in the course of employment: The changing judicial landscape after Comcare v PVYW", CPD seminar delivered to law firms, March 2019
    • "Sport Law and Ambush Marketing: Review and Law Reform", NUS EW Barker Centre for Law and Business (Singapore), 14 August 2018
    • Medical Panels in Victorian Personal Injury Law, CPD session delivered to a number of law firms in 2018
    • "Outer Limits of Vicarious Liability and Agency in Tort", Legalwise Seminar, 28 March 2017
    • "Athlete Privacy and Publicity Rights" (co-presented with Professor Geoffrey Scott), Monash University, Centre for Commercial Law and Regulatory Studies, Visiting Professor Seminar Series, on 5 August 2015
    • Ruling of the Munich Appeals Court, Germany in Claudia Pechstein v International Skating Union, ANZSLA event, 13 May 2015.


    From 01 May 2015, liability limited by a scheme approved under Professional Standards legislation.

  • Borg Susan

    Susan is an experienced trial advocate who has over 30 years experience as a barrister and predominantly practices in Family and Criminal Law.

    Susan has appeared in the Federal Circuit and Family Court, the High Court, Court of Appeal, Supreme Court and County Court with extensive experience in complex trials and appeals.

    Family Law:

    Susan practices in all areas of family law and de facto jurisdictions, including interim defended hearings, mediations and final hearings.

    Susan is a member of the Family Law Bar Association, the Australian Institute of Company Directors and is currently completing the AICD’s Company Directors course.

    Criminal Law:

    Susan also practices in Criminal Law, her trial work includes homicides, sexual offences, drug trials, frauds including art fraud, and other complex criminal trials.

    Susan has examined and cross-examined a variety of experts including forensic pathologists, DNA experts, senior scientists, psychiatrists, psychologists, handwriting, ballistic, voice identification experts and engineers.

    She has prepared written cases for and appeared in interlocutory, conviction and sentence appeals.

    Previous experience:

    During her 30 years at the bar, Susan has held a variety of positions including that of:

    • Deputy Chief Counsel to the Office of the Special Investigator (Vic), working with Geoffrey Nettle AC KC (2021-2022)
    • A Crown Prosecutor (Vic) (2007 - 2017);
    • Senior Crown Prosecutor (UK) (2006 - 2007);
    • Sessional Member of VCAT (1999-2007;
    • Part-time Member of the Migration Review Tribunal and the Refugee Review Tribunal (1999- 2007),
    • Session Member of the Psychologists Registration Board (2003 – 2006)
    • Member of the Therapeutic Treatment Board (2017) which is responsible for the treatment of children who engage in sexually abusive behaviours.

    Publications:

    Susan co-authored a book published by Thompson Reuters in July 2017, titled Criminal Appeals and Reviews in Victoria, along with Professor Chris Corns and Adrian Castle. The chapter on appellate advocacy, which was written by Susan, provides practical advice to legal practitioners on the preparation required to appear in the High Court and Court of Appeal, the appearance itself, and the importance of written submissions as the basis for the oral advocacy.

    Cambridge:

    In 2017, Susan presented at the 35th Economic Crime Symposium at Jesus College, Cambridge University on Art Fraud.

    In 2018, Susan presented at the 36th Economic Crime Symposium at Jesus College, Cambridge University on ‘Human Trafficking’, ‘Taxing Crime’ (panel discussion) and ‘Divesting Criminals of ill-gotten gains in a world without financial Borders’.

    Electronic briefs:

    Susan is trained in the use of electronic briefs.

    Membership:

    • Family Law Bar Association
    • Criminal Bar Association
    • Women’s Barristers Association
    • Member of the Australian Institute of Company Directors
  • Thomas Michael

    Michael practises primarily in commercial, regulatory and public law.

    Before being called to the bar, Michael practised as a solicitor for 10 years, initially at Lander & Rogers, and most recently as the General Counsel of Litigation for one of Australia’s largest companies.

    Michael has experience acting in a broad range of commercial disputes as well as in competition law, employment, property, insurance and product liability matters.

    Michael also brings to his practice, significant ‘front end’ commercial experience, having led a broad range of M&A and other corporate transactions.

    Michael is a co-author of The Laws of Australia: Breach of Contract and is currently undertaking a Master of Laws at the University of Melbourne. Michael holds a Bachelor of Laws from Monash University and a Bachelor of Arts (Journalism & Public Relations) from RMIT University. Michael has also studied German at the Freie Universität in Berlin as the recipient of a full scholarship from the German Academic Exchange Service.

    Michael read with Jonathan Kirkwood SC and his senior mentor was David Batt KC.

    Some of Michael’s current and recent matters include:

    Commercial matters

    Hillman v Mayne Pharma Group Ltd [2024] VSC 786 (led by J Kirkwood SC, instructed by Herbert Smith Freehills)

    Briefed for Mayne Pharma in a class action relating to allegations that Mayne breached its continuous disclosure obligations and engaged in misleading and deceptive conduct in connection with information about alleged price-fixing in the United States.

    Thousand Hills Property Pty Ltd v LBA Capital Pty Ltd [2024] VSCA 312 (unled, instructed by GPZ Legal)

    Briefed to obtain an order for security for costs pending an appeal to the Court of Appeal.

    Golden Plains Resources Pty Ltd v Rimfire Pacific Mining Ltd [2024] VSC (led by J Thomson SC, instructed by King & Wood Mallesons)

    Briefed for the defendant, initially, to resist a grant of urgent injunctive relief. Subsequently briefed in arbitration of the substantive dispute.

    Thousand Hills Property Pty Ltd v LBA Capital Pty Ltd [2024] VSC 597 (unled, instructed by GPZ Legal)

    Briefed for the defendant to oppose declaratory relief that the defendant had repudiated a contract for the development and sale of land.

    AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2023] FCA 1022 (led by T Castle SC and Dr C Parkinson KC, with others, instructed by HWL Ebsworth)

    Briefed for the owners of Australian Mercedes-Benz franchises who alleged Mercedes-Benz had engaged in unconscionable conduct in terminating dealership agreements and implementing a direct to customer sales model.

    In the matter of FTX Australia Pty Ltd (Administrators Appointed) [2023] VSC 788 (led by D Guidolin SC, instructed by Ashurst)

    Briefed for parties seeking to be recognised as creditors of FTX entities in administration.

    Re Roxton Commercial Builders Pty Ltd [2024] VSC 289 (unled, instructed by JHK Legal)

    Briefed for a plaintiff seeking to wind up a company, which application was opposed on the basis that service of a statutory demand had not been properly effected. The Court accepted, inter alia, that there had been effective informal service of the demand and ordered that the company be wound up.

    Fan v Yao [2022] VCC 509 (unled, instructed by Herald Legal)

    Briefed for the plaintiff to enforce a loan agreement entered into in China, against a borrower domiciled in Australia.

    Burwood Council v Visy Paper Pty Limited [2019] NSWSC (led by N Bender SC, instructed by Arnold Bloch Leibler)

    Briefed for Visy in relation to a dispute over the interpretation of a commercial contract.

    Doxa Youth Foundation & Ors v Doxa Community Club [2022] VSC (instructed by Septimus Jones & Lee)

    Briefed for the plaintiffs in oppression proceedings.

    Baroud Nominees Pty Ltd v Mereland Technology Pty Ltd [2022] VCAT 516 (unled, instructed by Bentleys)

    Obtained declaratory relief for a landlord in relation to the proper interpretation of rent review provisions of a commercial lease.

    Employment law matters

    Geotesta Pty Ltd v an Employee [2022] VSC (unled, instructed by Hicks Oakley Chessell Williams)

    Obtained urgent injunctive relief against a former employee in connection with confidential information obtained in course of the employment relationship.

    Regulatory matters

    Fair Work Ombudsman v House of Hoi An Pty Ltd [2022] FedCFamC2G 133 (unled, instructed by Aitken Partners)

    Briefed for an employer company and director in a penalty hearing relating to contraventions of the Fair Work Act 2009 (Cth).


    From 21 October 2021, 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