Paula signed the bar roll in 1997 practising in family law, family violence and Children’s Court matters.
She left the bar to work in the family violence sector. Paula held managerial roles at InTouch, the Multicultural Centre Against Family Violence and the Eastern Domestic Violence Service. From 2019 to 2022, she was CEO of Refuge Victoria, the largest family violence refuge service in Victoria accommodating a thousand people per year with 50 staff and an annual budget of $6 million.
She re-signed the bar roll in July 2022 resuming her practice bringing a deep and broad understanding of the family violence sector. She is also a qualified and experienced Family Dispute Resolution Practitioner.
Paula believes in giving back to the community and has held numerous governance roles including serving as:
She is married with three children and the sister of the renowned Australian artist, Patricia Piccinini.
The Hon Ross Robson QC was admitted in 1972, signing the Victorian Bar Roll in 1973.
He had a very busy practice as a barrister and later as a silk, appearing in some of the important trials in and out of Victoria.
In addition to his practice Ross was chairman and director of Barristers Chambers Limited and Barfund Pty Ltd and a trustee of the Victorian Bar Superannuation Fund for over twenty years.
He was appointed a Justice of the Supreme Court of Victoria in 2007, where he was the Head of Corporations List until 2016.
Ross returns to the Victorian Bar to provide strategic advice to clients and as a Mediator or Arbitrator.
Tony has a broad practice in commercial and public law. He has appeared in numerous complex trials, appeals and arbitrations.
Tony appears in Federal Courts and State Supreme Courts.
Professional Associations: International Council for Commercial Arbitration
Liability limited by scheme approved under Professional Standards Legislation
Ruby accepts briefs in a range of areas encompassing common law, administrative law and criminal matters, with a focus on personal injury and judicial review matters.
Prior to coming to the Bar, Ruby was Associate to the Honourable Justice Forbes of the Supreme Court of Victoria. She assisted her Honour in relation to matters regarding negligence, judicial review and appeals, urgent applications in the practice court and confiscations and proceeds of crime matters.
Ruby practiced as a solicitor at Maurice Blackburn Lawyers where she gained experience litigating claims primarily in the TAC, WorkCover and Comcare schemes.
Ruby is reading with Richard Stanley. Her senior mentor is Michelle Britbart KC.
Liability limited by a scheme approved under Professional Standards legislation.
Patrick maintains a broad civil litigation practice (with both trial and interlocutory experience – led and unled), focussing on:
Patrick has completed a Masters of Commercial Law at the University of Melbourne, with a focus on consumer law, insurance law, institutional liability law and sports law.
Patrick also holds a Bachelor of Laws (Hons) and a Bachelor of Commerce from Deakin University.
Prior to coming to the Bar, Patrick was an Associate Lawyer at T J Mulvany & Co, with predominant areas being Commercial Litigation and Common Law Litigation (namely Institutional Liability matters).
Patrick read with Jack Tracey KC.
Recent cases include:
Commercial Law
GJB Building Pty Ltd v AI&PB Property Pty Ltd [2023] VSC 782 (led by A T Strahan KC);
GJB Building Pty Ltd v AI&PB Property Pty Ltd [2024] VSC 790 (led by A T Strahan KC)
Coonwarra Pty Ltd v CornoNero Pty Ltd [2023] VSC 781 (led by A T Strahan KC);
Coonwarra Pty Ltd v CornoNero Pty Ltd [2024] VSC 789 (led by A T Strahan KC)
GJB Building Pty Ltd v AI and PB Property Pty Ltd (Ruling No 3) [2022] VSC 62 (led by A T Strahan KC in proceeding – appearance unled)
(acting as Junior Counsel for Defendant in 49 day Supreme Court trial, defending various allegations including misleading and deceptive conduct, breach of director’s duties, breach of fiduciary duty, Barnes v Addy claims, contract claims, remedies, costs)
Plunkett v Portier Pacific Pty Ltd (Civil Claims) [2024] VCAT 205 (unled in matter generally, led by A T Strahan KC in s 77 application) (acting for various Uber entities Respondent in defending allegations of misleading and deceptive conduct and unconscionable conduct regarding UberEats app; and s 77 application to transfer proceedings from VCAT to Supreme Court of Victoria)
Storage Depot Pty Ltd v Brooklyn Logistics Park Pty Ltd (Building and Property) [2022] VCAT 210 (unled) (valuation determination - s37 RLA)
Sports Law
Charlie Cameron v AFL (AFL Appeals Board; led by L Hannon KC; acting as Junior Counsel for the AFL)
Thornell v Cerberus Golf Club Inc (Human Rights) [2024] VCAT 20 (unled) (acting pro bono for female golfer alleging sex discrimination for not being allowed to play in the ‘men’s only’ golf competitions)
Michael Randall v Australian Football League and Sport Integrity Australia CEO [2023] NST NST-E22-334478 (unled) (acting for the AFL in regard to anti-doping suspension appeal)
Heath Thorpe v Gymnastics Australia [2023] NST NST-E23-173421 (unled) (acting for Applicant in selection dispute – drawing submissions and advice)
From 22 May 2020, liability limited by a scheme approved under Professional Standards legislation.
Ed has a broad commercial practice, including financial services, international arbitration, professional negligence, civil fraud, class actions, corporations, insolvency, and regulatory matters. He also acts in media / defamation matters and disciplinary proceedings.
Ed has been recognised in Doyle's Guide as a leading commercial litigation and dispute resolution barrister since 2020.
Ed has also been called to the Bar of England and Wales and is a member of Essex Court Chambers, a leading international law and arbitration set.
Ed graduated with first class honours in law from Melbourne University and completed the BCL (Distinction) at the University of Oxford.
From 1st May 2015, liability limited by a scheme approved under Professional Standards legislation.
Georgia has substantial trial and interlocutory experience across a broad range of practice areas with a focus on commercial, corporations, property and common law matters. She appears regularly in all courts and tribunals (both as junior counsel and unled).
Georgia has been recognised by Doyle's Guide as Preeminent Professional Indemnity Junior Counsel in Victoria.
Example list of cases:
Liability limited by a scheme approved under Professional Standards legislation.
Chris appears at trial in civil juries and causes, on appeal, in class actions and before Royal Commissions and Inquiries. His primary area of interest is common law.
He also appears before both professional disciplinary and sporting tribunals and has a particular interest in motor racing related matters.
He is a former President of the Bar Council.
Some Recent Appearances
Class Actions
2017 Kamasee & ors v Cth of Australia & ors (Supreme Court)
Manus Island class action. Senior Counsel for the Commonwealth leading a team of 6 junior counsel
2016 Kilmore Bushfires Class action. Senior Assessor
2016 Murrindindi-Marysville Bushfires class action. Senior Assessor
Court of Appeal
Nillumbik Shire Council v YMCA [2016] VSCA 192
Calderbank offers – costs
YMCA v Nillumbick Shire Council [2014] VSCA 197
Public liability, Insurance
Hodder v Hamilton & anor [2014] VSCA 279
Occupiers Liability, Evidence
Trials
Anthony Parcel Services Pty Ltd ats Acciarito [2021] VSC 78
Transport accident, Duty of Care, Independent contractor
TAC ats Jefic [2020] VCC
First Jury e-trial in the County Court
Matthews v Amaca & Seltsam Dec 2019 J. Dixon J.
Dust diseases – asbestos
State of Victoria ats Ewins & Sukys Nov 2019 J. Dixon J.
Inflation Nightclub Shooting – injuries
GHD Pty Ltd & anor ats VWA [2019] VSC 607
Recovery – contribution
Greater Shepparton City Council ats Clarke [2016] VSC 542
Road Management Act, Duty, Public Liability
Floyd Industries Pty Ltd & anor ats Notman [2016] VSC 457
Public Liability, Duty of Care, Contribution
Addas Israel School ats Erlich [2015] VSC 499
Sexual Assault, Vicarious Liability
Other Appearances
Demeduik v Medical Board of Australia (2019)
VCAT Appeal
Eli Evans v CAMS (2018)
Disciplinary Tribunal determining the 2018 Australian Rally Champion
V8 Supercar Court of Appeal (2017)
Member of the Court determining protest from Bathurst 1000
Hazelwood Mine Fire Inquiry (2015)
Counsel for the Chief Medical Officer of Victoria
Examples of recent matters:
Daniel practises in:
(a) corporations law and general commercial disputes;
(b) common law, especially professional negligence and institutional liability; and
(c) inquiries and judicial review proceedings.
Before signing the Bar Roll, Daniel practised at the London office of the New York firm, Cleary Gottlieb Steen & Hamilton LLP. Prior to this, he was an associate to the Chief Justice of Victoria, the Honourable Justice Marilyn Warren AC.
Daniel is also admitted as an attorney in New York and to the roll of solicitors in England & Wales (non-practising). He completed postgraduate studies at Georgetown University, where he was awarded the prize for the most distinguished academic performance leading to a Master of Laws Degree (General Studies).
Representative and ongoing matters include:
Commercial / Corporations
Timeless Sunrise Pty Ltd v Big J Enterprises Pty Ltd (No 3) [2022] VSC 499; (No 7) [2022] VSC 549 (and several other rulings) (Delany J) – Victorian Supreme Court proceeding concerning fiduciary duties / insolvent trustee / fraud (leading L Molesworth)
Cargill Australia v Viterra Malt & Ors (No 28) [2022] VSC 13 (and several other rulings) (Elliott J) – Victorian Supreme Court proceeding concerning breach of warranty / misleading and deceptive conduct in connection with business acquisition agreement (junior to Michael Galvin QC)
Australian Securities and Investments Commission v Remedy Housing Pty Ltd [2021] FCA 673 (Moshinsky J) – Federal Court ex parte application for freezing orders, disclosure orders and travel ban orders (unled)
Col Crawford Pty Ltd v Nissan Motor Co (Australia) Pty Ltd [2020] NSWSC 87 (Stevenson J) – New South Wales Supreme Court proceeding concerning unconscionable conduct / breach of obligation of good faith by motor company franchisor (junior to Daryl Williams QC)
Unlockd v Google Asia Pacific & Anor [2018] FCA 826 (Moshinsky J) – Federal Court proceeding concerning anti-competitive conduct / unconscionable conduct / misleading and deceptive conduct in connection with provision of Google Android application (junior to Michael O'Bryan QC)
Sell Your Gold v Australian Diamond Trading Corporation [2018] VSCA 355 (Maxwell P, Ashley and Hargrave JJA) – Victorian Court of Appeal proceeding concerning property / conversion (junior to Daryl Williams QC)
Mr Rental Australia v IRD Services [2016] NSWSC 700 (Meagher JA); Mr Rental Australia v IRD Services (No 2) [2016] NSWSC 918 (Meagher JA) – New South Wales Supreme Court proceeding concerning breach of franchise agreement / unconscionability in franchisor's implementation of new franchise system (junior to Richard Attiwill QC)
Links Golf Tasmania Pty Ltd v Sattler (2012) 213 FCR 1 (Jessup J) – Federal Court shareholder derivative proceeding for breach of director’s duties (junior to Greg Garde QC)
Various Victorian Supreme Court Practice Court interlocutory / emergency applications (unled)
Professional Negligence / Common Law
Bai v Lightspeed Finance Pty Ltd & Anor [2021] VSC 543 (Riordan J) – Victorian Supreme Court proceeding concerning solicitor's breach of retainer (unled)
Payton Securities Pty Ltd v Mason White McDougall (Hurstbridge) Pty Ltd [2021] VSC 375 (Osborne J) – Victorian Supreme Court proceeding concerning solicitor's retainer / land valuer's negligence / fraud in connection with loan (junior to Michael Galvin QC)
Roman Catholic Trusts Corporation for the Diocese of Sale v WCB [2020] VSCA 328 (Beach, Kaye and Osborn JJA) - Victorian Court of Appeal proceeding concerning institutional liability and an application to set-aside an historical settlement agreement (junior to Sam Hay QC)
Group Proceedings / Class Actions
Kamasaee v Commonwealth of Australia & Ors (No 9) [2017] VSC 171 and various other rulings (McDonald J) – Victorian Supreme Court Manus Island Detention Centre group proceeding (junior to Richard Attiwill QC)
A v Schulberg & Ors [2014] VSC 180 (Beach J); A v Schulberg & Ors (No 2) [2014] VSC 258 (Beach J) – Victorian Supreme Court Hepatitis C group proceeding (junior to David Curtain QC and Matt Collins QC)
Regent Holdings v State of Victoria [2013] VSC 601 (Beach J); Regent Holdings v State of Victoria [2015] VSC 422 (Ginnane J) – Victorian Supreme Court / Court of Appeal Abalone Virus group proceeding (junior to Bret Walker SC, David Curtain QC and Richard Attiwill)
Constitutional Law / Public Law / Judicial Review
Knight v Victoria [2017] HCA 29 (Full Court) – High Court constitutional challenge to ad hominem parole legislation (junior to Kris Walker QC)
Falaras v Gouletsas [2017] VSC 495 (Keogh J) – Victorian Supreme Court appeal on a question of law pursuant to section 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) (unled)
MZYQZ v Minister for Immigration and Citizenship [2012] FCA 948 (Dodds-Streeton J) – Federal Court judicial review proceeding (junior to Richard Niall QC)
Commissions / Inquiries / Regulatory Matters
Professional Standards Committee v Hollingworth, Professional Standards Board for the Anglican Diocese of Melbourne, 24 April 2023 (unled)
Independent Broad-based Anti-corruption Commission, Operation Sandon, December 2019 (unled)
Independent Broad-based Anti-corruption Commission, Operation Lansdowne, December 2017 (unled)
Royal Commission into Institutional Responses to Child Sex Abuse, Case Study 36: Church of England Boys’ Society, May 2017 (unled)
Victorian Parliamentary Inquiry into Allegations made against the Auditor-General, November 2015 (junior to Richard Attiwill QC)
Various regulatory investigations by Consumer Affairs Victoria, the Australian Securities and Investments Commission and the Registered Organisations Commission
From 02 Dec 2010, liability limited by a scheme approved under Professional Standards legislation.
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:
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:
Retired from practice.
From 2nd Dec 2010, liability limited by a scheme approved under Professional Standards legislation.
Rebecca was associate to the Hon Chief Justice Warren of the Supreme Court of Victoria for two years, during which time her Honour sat in the Court of Appeal, the Criminal, Commercial and Equity, and Common Law Divisions as well as the Practice Court.
Rebecca comes to the Bar from Allens Arthur Robinson where she worked in the Litigation group, primarily on product liability, trade practices and insurance matters.
In 2006, Rebecca completed the Melbourne Juris Doctor and has since lectured in Business Law and Company Law.
Prior to undertaking the Juris Doctor, Rebecca worked as a project manager in the corporate sector, developing strategy and policy documents, and implementing large scale business projects.
From 03/12/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Daniel is a commercial barrister with a practice focussing on insurance, corporations, equity and trusts, professional negligence, consumer protection, trade practices, and building and construction law. He is regularly briefed to appear in State and Federal jurisdictions, both unled and as a junior, and provides practical and considered advice to clients involved in complex disputes. He is ranked by Doyles Guide as a Leading Professional Indemnity Junior Counsel in Victoria.
Daniel commenced his legal career at Arnold Bloch Leibler in Melbourne, gaining a strong foundation in commercial law. He holds a Bachelor of Arts and a Bachelor of Laws from Monash University, and a Master of Laws from the University of Melbourne.
Committee positions
Recent matters
Commercial and Corporations Law
Insurance
Building and Construction
Consumer Law
Trusts and Equity
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Andrew Broadfoot took silk in 2016 and appears in, and advises on, trials and appeals in tax, commercial, tort and administrative law. Principally his
clients are involved in the mining, petroleum and financial sectors. Accepts direct briefs from corporate clients.
He has also represented Commonwealth and State government authorities in a variety of matters ranging from taxation appeals, matters concerning statutory
interpretation, "serious injuries" as defined in applicable legislation, judicial review, and securities regulation, to the "Abalone class action"
which concerned liability in negligence for pure economic loss arising from a herpes like virus that killed a large proportion of Victoria's wild abalone
stocks. This was one of the largest class actions to run to judgment in Australia and successfully be defended. Also has experience in energy regulation
including electricity distribution.
He is experienced in dealing with expert evidence and has cross-examined experts practising in numerous disciplines including valuation, science, engineering, economics, medicine, health and safety and accounting.
In the revenue field he is experienced in dealing with transfer pricing related matters, capital/income issues, trust and property law issues, anti-avoidance legislation, research and development claims and application of the petroleum resource rent tax legislation.
Further details and a list of recent cases can be found via the professional profile link above. Connect with Andrew via LinkedIn http://www.linkedin.com/in/andrew-broadfoot-qc-41b47a2a
From 1 July 2008, Liability limited by a scheme approved under Professional Standards legislation
Spike practices in a broad range of litigation matters across all jurisdictions, but predominantly in commercial litigation.
He completed his traineeship (articles) in 2010 at a small firm named Christopher Bunnett Lawyers following which practised there as a solicitor before joining the bar. As a solicitor Spike practised mainly in commercial disputes, but from time to time ran matters in other areas including administrative law, professional disciplinary matters, common law, crime and inquests.
Since coming to the bar, Spike's practice has been in commercial litigation, common law, professional negligence and costs law.
Spike read with Chris Horan QC.
After admission Darryl joined Shell Australia in its Industrial Law Department. His period there included being the Senior Industrial Relations Officer at the Corio Refinery with regular appearances as an advocate for Shell in various industrial tribunals. As a result, Darryl understands the business environment as it interfaces with employment law.
Darryl appears regularly in the Fair Work commission, the Federal Court, Magistrates and County Court in unfair / unlawful / wrongful dismissals and general protection applications. He also appears regularly in Disciplinary Tribunals defending professionals with particular emphasis on medical and allied professions. He is also experienced in family violence, stalking and intervention orders, crime, equal opportunity, coronial inquests and guardianship matters. He has appeared in the County Court on a number of occasions in intervention order appeals.
Vice President of the Victorian Bar Council 2021/ 2022.
Megan was called to the Bar in October 2013, after completing an Associateship to Her Honour Judge Davis at the County Court of Victoria.
Megan accepts briefs for both plaintiffs and defendants, preparing paperwork and appearing in a wide variety of personal injury matters (in particular, WorkCover, TAC and public liability). She is experienced in appearing (both alone and led) in statutory benefits hearings, serious injury applications, judge-alone trials, jury trials and appeals.
Megan holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts (major in Japanese) from the University of Melbourne. She has also completed a Masters of Law (Legal Practice) at the Australian National University. Megan is currently the President of hte Compensation Law Bar Association. She has sat on the committee of the Compensation Law Bar Association since 2015 and served as Secretary from 2019 to 2021. She has also previously sat on the Victorian Bar's Pro-Bono Commitee, Sustainability Committee and the Women Barristers' Association Committee.
“From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.”
Peter has an extensive commercial law practice. He has appeared in a number of long and complex matters, including at the appellate stage. He acts in and advises in connection with substantial commercial matters in areas of administrative law, contracts, corporations and securities law, equity and trusts, insolvency, insurance law, intellectual property, landlord and tenant, product liability, professional negligence, property law, trade practices and wills and estates.
Peter has appeared in and advised in connection with a number of class actions, including securities actions involving managed investment schemes (including recently Banksia, Willmott, Great Southern), product liability and environmental law.
Doyles Guide – Leading or recommended Professional Indemnity Senior Counsel 2020, 2021, 2022
Peter accepts briefs as a mediator.
A selection of cases he has recently appeared in are:
LL UP Pty Ltd v Kegland Distribution Pty Ltd [2024] VSC 651 (25 October 2024)
Company oppression, trusts, unclean hands
Australian Securities Ltd v Victorian Managed Insurance Authority [2024] VSC 542 (6 September 2024)
Domestic Building Insurance – right of financier to recovery indemnity
Carl Finance Pty Ltd v Argent Law Pty Ltd [2024] VSC 424 (22 July 2024)
Recitals in deed created binding obligations
Independent Tube Mills Pty Ltd (in liq) v Corplex Pty Ltd [2024] VSC 267 (24 May 2024)
Subrogation and assignability in insurance
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 6) [2024] VSC 171 (10 April 2024)
Election between remedies
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 5) [2024] VSC 6 (25 January 2024)
Remedies: damages and account of profits
Zhang v Zhang & Anor [2024] VSC 3 (16 January 2024)
Cross-vesting – removal from Supreme Court of Victoria to Federal Court of Australia
Sun v Sunshine International Australia Pty Ltd [2023] VSC 696 (29 November 2023)
Shareholder oppression
Mikkelsen v Li [2023] VSCA 255 (26 October 2023)
Misleading and deceptive conduct and contributory negligence
Krongold v Thurin [No 2] [2023] VSCA 210 (5 September 2023)
Costs: referral of questions to Court of Appeal
Krongold v Thurin [2023] VSCA 191 (17 August 2023)
Federal jurisdiction – referral power from Victorian Civil and Administrative Tribunal to Supreme Court of Victoria
Laird v Vallance [2023] VSCA 138 (8 June 2023)
Constructive trust – proprietary estoppel – representations by parents to son
Yin v Wu [2023] VSCA 130 (1 June 2023)
Foreign judgments – enforcement of judgment of Chinese Court. Summary judgment – restitution
Sam v Wu & Ors (Ruling) [2023] VCC 582 (18 April 2023)
Discovery, limitation, determination as to when loss suffered
Vanta Pty Ltd v Mantovani [2023] VSCA 53 (16 March 2023)
Lost trust deed – whether as a consequence trust property held on a constructive trust
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors (No 3) [2023] VSC 135 (21 March 2023)
Breach of fiduciary duty – election between remedies.
Teico Investments & Anor v WA Blue Gum Limited & Anor [2022] VSC 379 (5 July 2022)
Managed investment scheme – trustees duties – defective Product Disclosure Statement
Taleb v Rijal [2022] VSC 259 (25 May 2022)
Motor vehicle, entitlement to hire car
Certain Underwriters at Lloyd's of London v Dhillon Scaffolding Pty Ltd [2022] VSCA 92 (18 May 2022)
Appeal, insurance, reasonable precautions requirement
Yehia v Williams [2022] VSC 197 (22 April 2022)
Motor vehicle, entitlement to hire car
Zivkovic v Parke [2022] VSCA 43 (31 March 2022)
Contract, settlement of proceedings, conditions precedent
Dugan v Process Holdings Pty Ltd (No 3) [2021] VSC 737 (12 November 2021)
Fiduciary duty – claim by shareholder that directors owed him fiduciary duties – damages – pleading
Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors [2021] VSC 572 (13 September 2021)
Breach of fiduciary duty, accountants, appropriation of business opportunity
Hamilton v Dominican Province of the Assumption & Anor [2021] VSC 261 (14 May 2021)
Limitations, personal injury, sexual abuse claim
Corporate insolvency, administration, sale and purchase of real estate
SF Cosentino Pty Ltd v Glendining [2020] VSCA 149 (9 June 2020)
Appeal: sale of business, guarantee
Braham v ACN 101 482 580 Pty Ltd [2020] VSCA 108 (6 May 2020)
Appeal – professional negligence, solicitors, managed investment scheme
Nom De Plume v Ascot Vale Self Storage [No 2] [2020] VSCA 70 (27 March 2020)
Appeal – insolvent trading, breach of financing agreement
Danbol Pty Ltd v Swiss Re International Se [2020] VSC 23 (7 February 2020)
Insurance – whether contract of insurance entered into
Ascot Vale Self Storage Pty Ltd (in Liq) v Nom de Plume Pty Ltd [2019] VSC 794 (4 December 2019)
Abuse of process – whether permanent stay warranted
Re Ballanbrae Pastoral Coy Pty Ltd [2019] VSC 808 (7 December 2019)
Wills and estates – executors commission
Re 99A Furlong Road Pty Ltd [2019] VSC 528 (2 August 2019)
Restraining lawyers from acting
SXIQ Pty Ltd v Kalmus [2019] VSC 429 (28 June 2019)
Employment law – summary dismissal for misconduct
Orwin v Rickards [2019] VSC 375 (7 June 2019)
Professional negligence – lawyers – family law
Professional negligence – solicitors liability for financial agreement under Part VIIIA of the Family Law Act
The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd [2019] VSCA 91 (24 April 2019)
Contract – whether agreement subject to contract
MA & J Tripodi Pty Ltd (v Swan Hill Chemicals Pty Ltd [2019] VSCA 46 (12 March 2019)
Damages – lost opportunity
Liability limited by a scheme approved under Professional Standards Legislation
Sarah's practice has a particular focus on professional negligence, disciplinary matters and costs disputes.
She is also regularly briefed in general commercial matters and particularly insurance disputes.
She also appears in guardianship, administration and Part IV proceedings.
Sarah appears in interlocutory applications, trials (in Melbourne, regional Victoria and interstate) and on appeals, as well as in mediations. She is regularly briefed to advise in costs disputes, potential disciplinary proceedings and general commercial matters. Her advice is practical and solution-focussed.
Before coming to the bar in 2005, Sarah was a solicitor for 9 years in Australia and the UK. She was the inaugural head of the Ethics Department at the Law Institute of Victoria and has lectured regularly on professional standards issues.
She is a former member of the panel of examiners for Monash University, an occasional tutor at the Leo Cussen institute, and a regular speaker by invitation at law practices and conferences.
Recent decisions include -
Costs disputes and appeals arising from costs proceedings
Russels v McCardel [2014] VSC 287 (instructed by the Australian Legal Costing Group before Bell J), successfully defending an appeal from the Costs Court involving provisions of the Electronic Transactions (Victoria) Act 2000 and Part 3.4 Legal Profession Act 2004.
GLS v Goodman Group Pty Ltd (2015) VSC 627 (instructed by Debra Paver Costs Lawyer before Macaulay J), successfully defending an appeal from the Costs Court involving complex arguments on the law of accord and satisfaction in the context of legal costs under the Victorian statutory regime and the right to review under Division 7 Legal Profession Act 2004.
Eagle Lawyers v Career Education Consultants Australia Pty Ltd & Anor [2013] VCC 1263 (before Anderson J), successfully obtaining judgment against the first defendant in an action for recovery of legal costs and a dispute as to the basis of charging.
Numerous costs disputes in VCAT, the Magistrates’ Court and the Supreme Court.
Disciplinary hearings and appeals
Tuferu v Legal Services Commissioner [2013] VSC 645 (instructed by the Office of the LSC before Zammit AsJ), successfully defending a judicial review and appeal as to sanction following findings of professional misconduct.
Numerous disciplinary proceedings since 2009. See most recently for example LSC v Rhoden (Legal Practice) [2015] VCAT 1546, LSC v Tuferu (Legal Practice) [2013] VCAT 1438, LSC v Khan (Legal Practice) [2013] VCAT 651.
General commercial
Cross Country Realty Victoria Pty Ltd & Anor v Ubertas 350 William Street Pty Ltd [2015] VCC 1012 (with T North SC instructed by Brand Partners before Lacava J), successfully striking out the plaintiffs’ claim and obtaining summary judgment on a counterclaim relating to payment and retention of commission in breach of mandatory disclosure obligations under the Estate Agents Act 1980, and opposing a subsequent successful application for leave to appeal with D Collins SC.
Solari v CGY Insurance Ltd (No.1) [2015] VCC 207 (before Misso J), considering the construction of contractual terms in a claim against a deemed manufacturer and brought directly against the insurer pursuant to s601AG Corporations Act 2001.
Probate, administration and Part IV
Matthews v Matthews [2009] VSC 308 (Osborn J) - successfully applying to remove an executor on grounds of serious misconduct.
Re will and estate of Angelo Marotta (dec’d) [2011] VSC 324 (Zammit AsJ) - successfully defending a claim for summary dismissal under Part 4.4 of the Civil Procedure Act 2010; the implications of “no real prospect of success†in the context of a Part IV claim.
From 19th July 2012, liability limited by a scheme approved under Professional Standards legislation.