Brad specialises in commercial disputes, with particular expertise in class actions, contract, insurance, construction, property, consumer law and corporations law proceedings. He also practises extensively in common law matters.
Brad appears regularly in trial, appellate and interlocutory hearings in all state and federal courts and tribunals, at mediations and arbitrations. He appears led, unled and as lead counsel.
Brad is also a nationally accredited mediator and accepts briefs to mediate in all areas of the law.
Brad was previously a solicitor in the commercial litigation group at Allens and an associate at the Supreme Court of Victoria in the Court of Appeal. He holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts from Monash University and a Master of Laws from the University of Melbourne.
A brief selection of matters in which Brad has recently acted includes:
COMMERCIAL LAW:
- Aqua Star Pty Ltd v C P Aquaculture (India) PVT Ltd (2024, Court of Appeal, leading C Middleton) (Supply Agreement - Letter of credit - Sale of Goods Act 1958 (Vic) s 19(a) - Breach - Evidence Act 2008 (Vic) ss 69, 183)
- Orion East Pty Ltd v Box Hill Institute (2022-2024, Supreme Court, led by P Neskovcin KC (as her Honour then was) and then J Gurr SC, briefed by Ashurst) (Development deed - Design development - Repudiation - Termination)
- Lazarovski v Surbevski (2022-2024, Supreme Court, unled) (Oppression - Directors' duties)
- Pact Group Holdings (Australia) Pty Ltd v Qube Logistics (Aust) Pty Ltd (2023-2024, Supreme Court, unled, briefed by Ashurst) (Misleading and deceptive conduct - Breach of contract - Detinue - Conversion)
- Ripani v Century Legend Pty Ltd (2022-2024, Federal Court, led by S Stuckey KC) (Misleading and deceptive conduct - Reliance - Contract - Breach - Repudiation - Estoppel)
- P20 ESG Acquisition Pty Ltd, in the matter of P20 ESG Acquisition Pty Ltd (2024, Federal Court, unled) (Sections 1322(4)(c) and (d) of the Corporations Act 2001 (Cth))
- Ballymoss Pty Ltd v Kollaras & Co Pty Ltd (2022-2024, County Court, led by S Hay KC, with J Waller, briefed by Holding Redlich) (Customs duties - Duty drawback - Breach of warranty - Misleading and deceptive conduct)
- Sarric Pty Ltd v Invidia Foods Pty Ltd (2023-2024, District Court of NSW, unled) (Business sale agreement - Loan facility deed - Service contract - Breach of contract - Acceleration - Unjust enrichment - Indemnity)
- Sakellaropoulos v Sakellaropoulos (2023, Supreme Court, unled) (Heads of agreement - Deed of settlement - Performance)
- Larkspur Tribeca Ltd v iSignthis Limited (BVI) (2023, Federal Court, led by G Bigmore KC, briefed by Colin Biggers & Paisley) (Breach of trust - Breach of fiduciary duty - Knowing receipt - Knowing assistance - Rectification - Misleading and deceptive conduct)
- Santrev Pty Ltd v Orient Poultry (UK) Pty Ltd (2020-2023, Federal Court, unled) (Misleading and deceptive conduct - False and misleading representations - Passing off)
-Prioletti Consultants Pty Ltd v Box Hill Institute (2022, Supreme Court, unled, briefed by Ashurst) (Registered training organisation - TAFE - Breach of contract - Misleading and deceptive conduct - Unconscionable conduct)
- Century Legend Pty Ltd v Ripani [2022] FCAFC 191 (Led by S Stuckey QC) (Appeal - Misleading and deceptive conduct - Rejection of witness evidence - Exclusion clauses - Statutory rescission - Equitable rescission)
- Energy Resources of Australia Ltd, in the matter of Energy Resources of Australia Ltd [2022] FCA 176 (Unled, briefed by Ashurst) (Sections 203AA(2), 205B(5), 1322(4)(c) of the Corporations Act 2001 (Cth))
- The Walt Disney Company (Australia) Pty Ltd, in the matter of The Walt Disney Company (Australia) Pty Ltd (2022, Federal Court, unled, briefed by Ashurst) (Sections 1322(4)(c) and (d) of the Corporations Act 2001 (Cth))
- RNB Equities Pty Ltd v Regal Funds Management Pty Ltd (2018-2021, Federal Court, led by G Bigmore QC and M Goldblatt, briefed by Logie Smith Lanyon) (Market manipulation - ss 1041A, 1041B, 1317HA Corporations Act 2001 (Cth) - Derivative financial instrument - Algorithmic trading - Market microstructure)
- Bachy Soletanche Australia Pty Ltd v Geotech Pty Ltd (2020, Supreme Court, led by R Craig QC, briefed by Ashurst) (Breach of trust - Breach of joint venture deed - Preservation of trust property pending arbitration - "Material adverse effect" - "Material default" - Interim injunction - Interlocutory injunction - Mandatory injunction)
- West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz) (Acting for the State of Victoria)
- Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd [2019] VCC 2156 (Unled) (Contract - Repudiation - Expectation damages - Assessment of damages - Whether GST should be included in damages)
COMMON LAW:
- Ram v Magri (2023-2024, Supreme Court, unled) (Contract of sale - Terms contract - Equitable lien - Professional negligence by solicitor - Breach of retainer)
- Todd v Todd (2023-2024, Supreme Court, unled) (Inducing breach of contract - Injurious falsehood)
- The Tailor Made Spirits Company Limited v Hall & Wilcox (2019, VCAT, unled, briefed by Minter Ellison) (Professional negligence - Breach of retainer - Breach of the Australian Consumer Law - Jurisdiction of VCAT)
- Williams v AusNet Electricity Services Pty Ltd (2017, Supreme Court, led by G Harris QC, with T Jeffrie, briefed by Colin Biggers & Paisley) (Mickleham bushfire class action - Duty of care - Scope and content of duty - Breach of duty - Legal and factual causation - Apportionment - Contribution)
BUILDING AND CONSTRUCTION:
- Becon Investment Group Pty Ltd v Stojanovski (2023-2024, Supreme Court, unled) (Domestic building - Joint venture agreement - Constructive trust - Misleading and deceptive conduct - Estoppel - Restitution)
- ACN 115 918 959 Pty Ltd v Moulieris (2018-2024, VCAT, led by R Craig QC, briefed by Gadens) (Domestic building - Prime cost items - Provisional sums - Variations - Repudiation - Restitution - Mann v Paterson Constructions Pty Ltd [2019] HCA 32 - Defects - Builder's warranties - Misleading and deceptive conduct)
- In the matter of the Melbourne Cricket Ground [2022] VBAB 105 (Unled, briefed by Ashurst) (Section 160A Building Act 1993 (Vic) - Application to determine that the proposed performance solution for the cladding arrangement at the Northern Stand complies with the Building Code of Australia)
- West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz) (Acting for the State of Victoria)
PRACTICE AND PROCEDURE:
- ACN 115 918 959 Pty Ltd v Moulieris [2024] VSCA 71 (Led by R Craig KC, briefed by Gadens) (Appeal from Trial Division - Relevant and irrelevant considerations - Dismissal for want of prosecution - Hardship - Conduct of proceeding causing disadvantage)
- Aqua Star Pty Ltd v C P Aquaculture (India) Pvt Ltd [2024] VSCA 67 (Leading C Middleton) (Application for stay of orders requiring payment of outstanding judgment debt pending appeal)
- The King v Xpress Building Design Pty Ltd (2023-2024, Supreme Court, unled) (Contempt - Failure to comply with subpoena)
- Ripani v Century Legend Pty Ltd (No 3) [2023] FCA 812 (Led by S Stuckey KC) (Scope of new trial - Misleading and deceptive conduct)
- Gomez v Carrafa [2023] FCA 719 (Unled) (Application for extension of time to appeal – Leave to appeal required – No reasonable prospect of success)
- Ballymoss Pty Ltd v Kollaras & Co Pty Ltd (No 4) [2023] VCC 1268 (Unled, briefed by Holding Redlich) (Particular discovery - Legal professional privilege - Waiver - Security for costs)
- ACN 115 918 959 Pty Ltd v Moulieris [2022] VSC 555 (Led by R Craig KC, briefed by Gadens) (Appeal from VCAT - Relevant and irrelevant considerations - Legal unreasonableness - Dismissal for want of prosecution - Hardship - Conduct of proceeding causing disadvantage)
- Gomez v Carrafa [2022] FCA 1013 (Unled) (Strike out application - Application for leave to amend - Bankruptcy - Allegation of malicious prosecution by trustee in bankruptcy – Allegation of misfeasance in public office by trustee in bankruptcy)
- Gomez v Carrafa [2021] VSCA 661 (Unled) (Special federal matter – Transfer of proceeding to Federal Court – Whether appeal competent – Section 13(a) precludes appeal from decision of court in relation to transfer of proceeding under Act – Whether decision confined to reasons for transfer and not antecedent reasons)
- Hunter Byron & Co Pty Ltd v AC Home Design Pty Ltd [2021] VSC 777 (Unled) (Judicial review of an order by VCAT – Natural justice – Appeal from an order of VCAT - Reasonable excuse for not attending the hearing)
- ACN 115 918 959 Pty Ltd v Moulieris [2021] VCAT 1136 (Led by R Craig QC, briefed by Gadens) (Victorian Civil and Administrative Tribunal Act 1998 - Section 76 - Dismissal for want of prosecution - Section 78 - Conduct of proceeding causing disadvantage)
- Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd (No 2) [2020] VCC 555 (Unled) (Costs - Offer of compromise - Calderbank offer - Costs on an indemnity basis)
- RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Ltd [2019] FCA 760 (Led by G Bigmore QC, briefed by Logie-Smith Lanyon) (Jurisdiction - Market manipulation - Breach of PDS - Whether "matter" arising under legislation - Accrued jurisdiction - Whether common substratum of facts)
- RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited (No 2) [2019] FCA 1385 (Led by M Goldblatt, briefed by Logie-Smith Lanyon) (Strike out application – Alternative claim for particulars)
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
Matthew practices in commercial, industrial and public law. He advises and acts in commercial disputes including contract, consumer, building and construction law. His public law matters include judicial and merits review, and acting as counsel assisting the Coroner.
Matthew has appeared in all courts in the Australian hierarchy. Matthew’s recent appearances include:
High Court of AustraliaIn 2014, Matthew worked at the Cape bar preparing two matters for the Constitutional Court in South Africa.
Prior legal experience
Matthew was a solicitor in the Executive Branch of the Victorian Government Solicitor's Office and the researcher to the Solicitor-General for Victoria (now Justice Tate of the Victorian Court of Appeal). Following that, he was the associate to Justice Habersberger of the Supreme Court of Victoria’s Commercial and Equity Division. For eighteen months prior to joining the Victorian Bar, Matthew was the sole researcher to Geoffrey Robertson QC.
Education, teaching and publications
Matthew completed his undergraduate degrees at the University of Melbourne and his postgraduate degree in international refugee law at the University of Oxford, for which he received the highest mark ever awarded for the course. Matthew lectures on public law in the Juris Doctor course at the University of Melbourne's Law School, at which he is a Senior Fellow.
Matthew’s publications include:
From 2nd Dec 2010, liability limited by a scheme approved under Professional Standards legislation.
The Hon. Peter Riordan KC has recently retired from the Supreme Court where he was the Principal Judge of the Commercial Court and the Judge in charge of the Arbitration List. He also served as a Judge nominated by the Chief Justice to manage the Technology, Engineering and Construction List.
He is a former Chairman of the Victorian Bar and President of the Australian Bar Association.
He now practices in the areas of arbitration and mediation.
Prior to his appointment to the Supreme Court, he practised extensively as a mediator and arbitrator (including International Arbitrations) throughout the States and Territories of Australia.
He has published articles and conducted seminars and training on mediation.
Enquiries regarding Mr Riordan can be made via his clerks; details on this page.
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.
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
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
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.
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.
Kelly practises in all areas of commercial and public law.
Before coming to the Bar, Kelly was a Senior Associate in the litigation team at King & Wood Mallesons. She has particular expertise in regulatory disputes and class actions, having acted in a number of significant competition and financial services matters.
Kelly was previously an associate to Justice Katzmann of the Federal Court of Australia.
Kelly holds a Bachelor of Arts with first class honours and a Juris Doctor from the University of Melbourne.
Kelly read with Kateena O’Gorman SC. Her senior mentor is Wendy Harris KC.
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
Patrick practices broadly, with a focus on public law, regulatory matters, government private law liability, criminal law and inquiries. He has particular experience in corporate and other forms of financial misconduct, including white collar crime.
Before coming to the bar, Patrick was an associate to the Hon Justice Nettle AC in the High Court of Australia; a senior lawyer and manager of the Appeals Practice at the North Australian Aboriginal Justice Agency (NAAJA); and an associate to Justice T Forrest in the Supreme Court of Victoria.
Patrick holds a Bachelor of Arts and a Juris Doctor (with first-class honours) from the University of Melbourne. He read with Ruth Shann SC and his senior mentor is Rowena Orr QC (SG).
Some illustrative matters include:
Public law and regulatory matters:
Royal Commissions, inquests and other inquiries:
Criminal law:
Daniel regularly appears in the Supreme Court of Victoria, Federal Court, County Court of Victoria, the Courts of Appeal, and the Victorian Civil and Administrative Tribunal.
His particular areas of expertise are in competition and consumer law, property and proprietary estoppel, trusts, commercial contracts, restraints of trade, directors’ duties and partnerships. He is included in Australia's Best Lawyers for Competition Law (2018 to 2024), Commercial Law (2020 to 2024) and Litigation (2024).
He also actively practises in a wide range of other commercial matters, including corporations, insolvency, telecommunications, professional negligence and corporate governance, administrative law and local government. He is a qualified mediator.
Prior to signing the Bar Roll in 2004, Daniel was a Senior Associate in the Competition Group of Allens Linklaters in Melbourne and a director in the Telecommunications Group of the Australian Competition and Consumer Commission. He was Associate to the former Chief Justice of the High Court of Australia, Sir Gerard Brennan.
Daniel is the author of Competition Law - The Laws of Australia (2014 Thomson Reuters). He is currently author and editor of Competition Law (Laws of Australia) and was previously author and editor of Restraints of Trade (Laws of Australia). He has published several refereed articles in the areas of competition law, international trade law, law and economics, consumer protection and unconscionability.
He has Honours in Economics at Monash University, Master of Laws with first class honours at the University of Melbourne, and Master of Laws (Kent Scholar) at Columbia University Law School, New York. He was an Assistant Lecturer in Economics at Monash University. At the Law School of the University of Melbourne, he co-lectured Economics for Competition Lawyers in the Masters program and lectured Legal Theory in the Juris Doctor program.
Daniel was the Chair of the Competition and Consumer Law Section of the Commercial Bar Association of Victoria from 2019 to 2022. He is the Principal Examiner for Specialist Accreditation for Commercial Litigation for the Law Institute of Victoria.
'Liability limited by a scheme approved under Professional Standards Legislation.'
Toby principally practices in building and construction litigation and arbitration. Toby advises and appears as counsel in disputes ranging from small scale developments through to complex engineering and major infrastructure projects.
Recent major matters include:
From 2015 to 2023 Toby has been rated as pre-eminent, leading or recommended junior counsel in Melbourne and Australia by the peer reviewed Doyles guide.
Before joining the Bar, Toby worked as a Senior Associate in the construction and major projects group of Clayton Utz in Melbourne (2000-2008).
Toby holds honours degrees in law and chemical engineering and is also conversational in Mandarin Chinese and Danish.
From 01/07/2010, Liability limited by a scheme approved under Professional Standards Legislation.
Allen has a broad practice in commercial and public law, human rights and general litigation.
Before joining the bar, Allen was a Senior Associate at Corrs Chambers Westgarth. Prior to this, Allen worked for 9 years in Beijing, China and New York, USA. Allen completed his articles at Allens Arthur Robinson (now Allens Linklaters) in 2008.
Allen is experienced in operating across multiple jurisdictions, particularly China, the United States of America and Australia and accepts briefs directly from in-house counsel.
Allen was also admitted to practise New York in 2017 and holds a Bachelor of Laws/Bachelor of Arts (Hons) from the University of Melbourne and a Master of Laws from New York University (NYU). Allen has been the recipient of an Australian Government Endeavour Award and is an affiliated scholar at the U.S.-Asia Law Institute (USALI) at NYU and the Asian Law Centre (ALC) at The University of Melbourne.
Allen is reading with Tom Clarke and his senior mentor is Meg O’Sullivan KC.
Liability limited by a scheme approved under Professional Standards Legislation.
Liam is a commercial barrister specialising in commercial, construction, ACL and insurance disputes.
He is recognised as a preeminent construction and infrastructure law barrister both in Victoria and Australia-wide in the peer-reviewed Doyle's Guide. He appears (led and unled) in commercial courts throughout Australia.
Liam has particular expertise in acting in substantial and complex construction and engineering disputes involving litigation or arbitration. Many of these disputes concern major infrastructure projects (across a range of sectors including energy, roads, waste-water treatment plants, desalination plants and hospitals) and involve complex issues of delay, disruption, contract termination and professional negligence.
Liam is also experienced in acting in disputes involving the security of payment legislation, including applications for judicial review, having been involved in a number of significant decisions in this area.
Liam is a member of Victorian Bar's Building and Construction law group and the Society of Construction Law Australia.
A selection of recent cases/ significant cases:
Court proceedings (various)
Tesseract v Pascale (High Court)(Case No A9/2023)
An appeal to the High Court concerning the applicability of State and Commonwealth proportionate liability legislation in arbitration (led by B Walker SC and T Margetts KC).
Biodiversity Sub TC Pty Ltd v Vaughan Construction Pty Ltd & Ors (2023) (Supreme Court of Victoria
Acting for the vendors of land in a large multiparty dispute involving complex geotechnical and hydrogeological issues and allegations of breach of contractual warranties (led by C Archibald KC).
Pirmax Pty Ltd v Kingspan Insulation Pty Ltd [2022] FCA 1340
Acting for the Respondent and Cross-claimant in a proceeding concerning allegations of misleading or deceptive conduct and false product performance claims made in relation to thermal insulation products (led by C Archibald KC , with A Terzic).
Gemcan Constructions Pty Ltd v Westbourne Grammar School [2022] VSC 6
Acting for a successful claimant in an application to enforce an arbitral award and resist an application to set aside the award(unled).
Lendlease Building Pty Ltd v Scientific Fire Services Pty Ltd & Ors (Supreme Court Proceeding of Victoria) (ongoing)
Acting for a claimant seeking to recover losses incurred in connection with claims of professional negligence made as a result of the construction of an apartment building with combustible cladding (led by N Pane KC).
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2022] SASCA 107
Acting for the Applicant in the referral of a preliminary question as to whether State and Commonwealth proportionate liability provisions apply in arbitration (led by B Walker SC and T Margetts KC) .
John Holland Pty Ltd v The Minister for Works (Western Australian Supreme Court Proceeding)(2022)
Acting for the Minister for Works in a complex dispute involving alleged delay and variation claims in the vicinity of $150M arising from the construction of the Perth Children’s Hospital (led by M Roberts KC and J Taylor SC).
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2021] SASCA 8
Acting for an appellant seeking to set aside a decision regarding the enforceability of dispute resolution clause in a construction contract (led by T J Margetts KC).
Transurban WGT Co Pty Ltd v CPB Contractors Pty Ltd [2020] VSC 476
Acting for Transurban in application for declaratory and injunctive relief in a major dispute arising from the construction of the West Gate Tunnel Project (led by B Walker SC, M Roberts KC, J Moore KC, with T Breakspear and J Gregory).
Gemcan Constructions Pty Ltd v Westbourne Grammar School [2020] VSC 429
Acting for a contractor in an application to enforce an arbitration clause in a construction contract (unled).
Rocke Brothers Pty Ltd v Civilmech Pty Ltd & Ors (2020) (Supreme Court proceeding)
Acting for a structural engineer defending claims of professional negligence involving alleged failures to take reasonable care (unled).
Sitzler Pty Ltd v GPT RE Ltd [2019] (Federal Court proceeding)
Acting for the head contractor in complex multiparty proceeding in the Federal Court involving professional negligence, alleged building defects and disputed variations (led by R Manly KC).
Monde Construction & Refrigeration Pty Ltd v Intrax Consulting Engineers Pty Ltd (2018)(Supreme Court Proceeding).
Acting for a structural engineer defending claims of professional negligence involving alleged failures to take reasonable care (led by T Margetts KC).
Security of payment matters
Whitehorse Box Hill Pty Ltd v Alliance CG Pty Ltd & Anor [2022] VSC 22
Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).
MKA Bowen v Carelli Constructions [2019] VSC 436
Acting for a contractor applying to set aside an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) on the basis of jurisdictional error (unled).
Westbourne Grammar School v Gemcan Constructions Pty Ltd [2017] VSC 645
Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).
SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd [2016] VSCA 119
Court of Appeal Proceeding. Acting for the head contractor defending an appeal involving the application of the Building and Construction Industry Security of Payment Act 2002 (Vic) (led by T Margetts KC).
Milburn Lake Pty Ltd (trading as Irwin Stockfeeds) v Andritz Pty Ltd [2016] VSC 3
Application for judicial review of an adjudication determination made under the Building and Construction Industry Security of Payment Act 2002 (Vic) (unled).
Arbitration proceedings
N v B&W (2023)
Acting for a council in an arbitration proceeding involving disputes regarding variations, liquidated damages, extension of time and delay costs.
G v W (2021)
Acting for the contractor in arbitration proceeding involving disputes regarding variations, liquidated damages, extension of time and termination (unled).
RC v WW (2020)
Acting for contractor in a dispute involving the construction of a sewerage infrastructure works.
Expert determination
G v E (2018)
Appointed as an expert to determine dispute concerning the interpretation of a variation clause in a major residential apartment development.
From 21st June 2011, liability limited by a scheme approved under Professional Standards Legislation.
Lachlan practices primarily in commercial litigation, with a particular focus on corporations law matters, professional negligence claims, trust and shareholder
disputes and corporate and individual insolvency. Lachlan also accepts briefs in employment, insurance and administrative law matters.
As a senior associate at Hall & Wilcox, Lachlan appeared extensively as a solicitor advocate in contested matters in all Victorian and Federal Courts. With over seven years'litigation experience, Lachlan has acted for clients in a broad range of complex disputes, including:
Lachlan holds a Bachelor of Laws (Hons) and a Bachelor of Science (Chemistry) from the University of Melbourne. He regularly conducts matters involving complex expert evidence and technical issues.
Lachlan is reading with Jeremy Slattery and his senior mentor is Stewart Maiden QC.
From 16 August 2019, liability limited by a scheme approved under Professional Standards legislation.
Callum accepts briefs in commercial and common law matters, and has a particular interest in disputes involving regulated commercial relationships, such as retail leases, Security of Payment Act disputes, and licences and permits.
Before coming to the bar, Callum was associate to first Justice Osborn and then Justice Riordan where he was involved in proceedings in every division of the Supreme Court of Victoria, including the Court of Appeal.
He was awarded both the Supreme Court Prize and the Dean's Medal (Law) in his final year at La Trobe University, graduating with first class Honours.
Callum has tutored and assessed law students, including the subjects of Remedies, Tort Law, Contract Law, Property Law, Statutory Interpretation, Public Law, and Family Law.
He regularly operates with electronic briefs, and prefers to do so where feasible.
Callum read with Samuel Hopper. His senior mentor is Ian Waller QC.
Liability limited by a scheme approved under Professional Standards Legislation.
Hannah practises principally in public and commercial law. She is regularly briefed as junior counsel in complex litigation in the Supreme Court of Victoria and the Federal Court of Australia, at trial and appellate level, and to provide advice to diverse clients in the public and private sectors.
Before coming to the Bar, Hannah was an Associate to the Hon Justice Patrick Keane AC at the High Court of Australia. She was also a Senior Solicitor in the Constitution and Advice team of the Victorian Government Solicitor's Office, where she conducted litigation and advised on matters raising issues of constitutional law and complex statutory interpretation, and a Solicitor in the Banking and Infrastructure team at Gilbert + Tobin, where she worked on high-value project finance transactions in the energy and social infrastructure sectors.
Hannah has particular experience in environment and resources subject matters, including as they arise in administrative proceedings and large commercial disputes, and as they intersect with First Nations rights and interests.
Hannah holds a Bachelor of Arts (Hons I) from the University of Queensland, a Masters in English Literature (Distinction) from the University of Edinburgh, and a Juris Doctor from the University of Melbourne.
Hannah read with Graeme Hill SC.
Some recent matters in which Hannah has been briefed include:
From 22 Oct 2021, liability limited by a scheme approved under Professional Standards legislation.
Dylan practises in all areas of commercial law. In addition to his commercial practice, Dylan has experience in defamation law.
Prior to coming to the Bar, Dylan was Associate to the Honourable Justice Niall (as his Honour then was) in the Court of Appeal of the Supreme Court of Victoria. Before that, Dylan worked as a solicitor in the Media team at MinterEllison.
As a solicitor, Dylan was a representative of the respondents in defamation proceedings brought by Ben Roberts-Smith in the Federal Court of Australia. The respondents successfully established substantial and contextual truth defences in a 110-day trial (Roberts Smith v Fairfax Media Publications Pty Ltd (No 41) [2023] FCA 555, subject to appeal).
Dylan holds a Bachelor of Laws (First Class Honours) and Bachelor of Commerce from Monash University, and a Master of Laws (First Class Honours) from the University of Cambridge, from which he graduated ninth in his class.
Dylan read with Sandip Mukerjea. His senior mentor is Dr Matt Collins AM KC.
Matters in which Dylan has been briefed include:
Liability limited by a scheme approved under Professional Standards legislation.
Fiona took silk in 2018. Prior to signing the Bar roll, Fiona was a senior associate in litigation at Allens Linklaters (where she also undertook her articles). Fiona is also admitted to the New York Bar and from 2001- 2003 worked as a litigator in New York (at Milbank Tweed Hadley & McCloy LLP and Morrison Cohen LLP) where she appeared in US State and Federal Courts.
Fiona's practice is largely in the areas of commercial law, competition and consumer law, media law, contempt of court and class actions. Fiona is currently briefed in a number of class actions in the Victorian Supreme Court. She recently appeared on behalf of the Plaintiff in the 5 month trial of a proceeding against Bayer Australia Ltd (and others) in relation to the female contraceptive device Essure. She successfully led her team in the G8 securities class action to obtain the first group costs order in Victoria. She was also appointed by the Federal Court as contradictor in the settlement of the Robodebt class action. Fiona acted for the Plaintiff in the Manus Island class action and in the Black Saturday bushfires class action (Murrindindi). She has also regularly acted for the ACCC in both consumer and competition matters. A sample of cases in which she has appeared in a variety of jurisdictions in a variety of practice areas is set out below. Fiona also has extensive experience undertaking regulators' examinations, as counsel assisting in inquiries and in advisory work.
Fiona was awarded a First Class Honours degree in law from the University of Melbourne in 1998. She also undertook a semester of her law degree with a scholarship to the Universite Jean Moulin in Lyon, France in 1995. She speaks fluent French.
In 2022 and 2023, Fiona was listed as one of the leading class actions senior counsel in Doyles Guide. In 2011 Fiona received the Victorian Bar Pro Bono Public Interest/Justice Innovation Award (with Ron Merkel QC and Kris Walker).
Commercial, Competition and Consumer Law
ACCC v Lactalis Australia Pty Ltd [2022] FCA 1087; [2023] FCA 839 (breaches of the Dairy Code)
ACCC v Uber B.V. [2022] FCA 1466 (false and misleading representations with respect to price and cancellation policies)
ACCC v Mercedes Benz Australia/Pacific Pty Ltd [2022] FCA 1059 (failure to comply with recall notice relating to Takata airbags)
ACCC v Sumo Power Pty Ltd [2021] FCA 712 (misleading and deceptive conduct in the sale of electricity retailing services)
ACCC v Informed Sources Pty Ltd (2017)(collation and dissemination of petrol pricing data)
ACCC v Coles Supermarkets Pty Ltd [2014] FCA 634(misleading and deceptive advertising - "Baked Today Sold Today")
ACCC v Singtel Optus Pty Ltd [2011] FCA 87 (misleading and deceptive advertising - "Unlimited" broadband)
ACCC v SMS Global Pty Ltd [2011] FCA 855 (misrepresentation of government endorsement)
Commissions of Inquiry / Investigations
Hotel Quarantine Inquiry (2020) - acting for Department of Transport
ACCC Petrol Pricing Inquiry (2007) - counsel assisting (with Neil Young QC and Simon Marks QC)
Independent Broad-based Anti-corruption Commission (various dates) - acting for various individuals in a number of confidential matters
ACCC Investigations (various dates) - briefed as counsel assisting in various ACCC investigations into proposed mergers and acquisitions
ASIC Investigations (various dates) - acting for various individuals in a number of confidential matters
Class Actions
Prygodicz v Commonwealth (no 2) [2021] FCA 634 (contradictor - settlement approval of claims relating to Robodebt scheme)
Turner v Bayer Australia Ltd (ongoing)(negligence and ACL claims relating to the Essure contraceptive device)
Allen v G8 Education Limited (ongoing)(securities class action - misleading and deceptive conduct and breach of continuous disclosure obligations)
Stallard Pty Ltd v Treasure Wine Estates Limited (ongoing)(securities class action - misleading and deceptive conduct and breach of continuous disclosure obligations)
Brown v State of Victoria (ongoing)(class action - claims of battery and assault and seeking declarations pursuant to the Victorian Charter of Human Rights and Responsibilities on behalf of environmental protestors sprayed with oleoresin capsicum spray by police officers)
Kamsaee v Commonwealth [2017] VSC 537 (claims of negligence and false imprisonment on behalf of persons detained on Manus Island)
Rowe v Ausnet Electricity Services Pty Ltd [2015] VSC 232 (claims of negligence in relation to the Murrindindi Black Saturday bushfire)
Pathway Investments Pty Ltd v National Australia Bank Ltd [2012] VSC 625 (securities class action - failure to disclose to market exposure to collateralised debt obligations)
Contempt of Court
R v Slaveski [2015] VSC 400
R v Derryn Hinch [2013] VSC 520 (sub judice contempt and suppression order)
Allen v R [2013] VSCA 44 (appeal - failure to give evidence)
R v Slaveski [2012] VSCA 48 (appeal - contempt in the face of the court)
Zukanovic v Magistrates' Court at Moorabbin (2011) 32 VR 216 (contempt in the face of the court)
R v ABC [2007] VSC 498 (suppression order)
R v Nationwide News Pty Ltd [2006] VSC 420 (sub judice contempt)
Whistleblower Cases
IOOF v Maurice Blackburn [2016] VSC 311 (privilege dispute - confidentiality in whistleblower documents)
Smith v Victoria Police [2012] VSC 374 (appeal- application of confidentiality provisions to whistleblower discovery)
Owens v University of Melbourne [2008] VSC 174 (interplay between Whistleblower Protection Act and Accident Compensation Act.
Constitutional
Roach v Electoral Commissioner (2007) 233 CLR 162 (Constitutional - prisoner voting)
Rowe v Electoral Commissioner (2010) 243 CLR 1 (Constitutional - closure of electoral roll)
Other
Moriarty v Independent Commissioner Against Corruption (NT) [2022] NTSC 46 (judicial review of findings of the NT ICAC)
Setka v Dalton (2021) (malicious prosecution and false imprisonment in relation to events which took place in the course of an industrial dispute between the CFMEU and Boral Ltd)