Tim specialises in corporate and commercial law, insolvency, trusts and workplace relations. He regularly advises and appears for clients in commercial disputes concerning oppressive conduct within company management, directors' duties, voidable and insolvent transactions, fiduciary obligations, restraints of trade, employment contracts and the statutory rights of employees and employers. Tim has worked closely with leading Senior Counsel in a variety of large-scale litigation in superior and appellate courts but is also just as comfortable appearing unled in all jurisdictions.
Tim has a Masters from the University of Melbourne, in which he focussed on insolvency, taxation, corporate governance and unjust enrichment. In 2009-2010 he was Associate to the Honourable Justice Jessup at the Federal Court of Australia.
He is a member of the Commercial Bar Association and the Industrial Bar Association.
From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.
Nick practises in commercial, administrative and common law.
Nick completed a JD at Melbourne University and in 2011 completed a BCL at the University of Oxford as a recipient of an Allan Myers Melbourne University Scholarship.
Before coming to the Bar, Nick was an associate to the Honourable Chief Justice Warren AC and to the Honourable Justice Osborn at the Supreme Court of Victoria. As an associate, Nick worked on a broad range of commercial, administrative law and common law matters, predominately in the Court of Appeal. Prior to this, Nick completed his graduate training at Herbert Smith Freehills and worked as a solicitor in the firm's dispute resolution group.
Nick read with Anthony Strahan QC and his senior mentor was Michael Wheelahan QC (now Justice Wheelahan).
From 30 Oct 2015, liability limited by a scheme approved under Professional Standards legislation.
Rachel practises in civil and administrative law.
She acts both for and against government agencies and departments in a wide range of administrative law areas including discrimination, privacy, Freedom of Information, victims of crime, licensing, and local government governance.
She has is regularly briefed in disciplinary matters on behalf of regulatory bodies including AHPRA and on behalf of witnesses and agencies in relation to subpoenas and public interest immunity claims.
Rachel also has extensive experience in international commercial arbitration and a growing practice in civil litigation in the County and Supreme Courts, including tort claims.
Rachel was a contributor to the Civil Procedure Act legislative guide.
Josh practises primarily in commercial and public law.
Before coming to the Bar, Josh was Associate to Justice McLeish of the Victorian Court of Appeal. Before that, he was Associate to Justice Elliott of the Supreme Court of Victoria.
Earlier, he practiced as a solicitor in the dispute resolution team at Arnold Bloch Leibler.
Josh holds a Bachelor of Arts and a Juris Doctor from the University of Melbourne, where he lectures in public and constitutional law.
Josh's senior mentor is Philip Solomon KC. He read with Shaun Gladman SC and Kateena O’Gorman SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Shaun Gladman KC practises in common law, insurance law, employment law, and public and administrative law. He specialises in appeals, applications for judicial review, and complex cases involving the operation of the Victorian and interstate accident compensation schemes.
Since 2018, Shaun has been recognised annually in Doyle's Guide to the "Best Barristers" in Victoria.
Shaun holds honours degrees in law and science (mathematics and physics) from the University of Melbourne.
A select list of appeal cases is set out below.
High Court of Australia:
Deal v Kodakkathanath (2016) 258 CLR 281 (led by Michael Wheelahan QC)
Keay v Metro Trains Melbourne Pty Ltd [2024] HCASL 16
Munday v St Vincent's Hospital Ltd [2021] HCASL 194 (led by Jeremy Ruskin QC)
Reading v TTB SMS Pty Ltd [2021] HCASL 8 (led by James Gorton QC)
Flowline Industries Pty Ltd v Aycicek [2019] HCASL 214 (led by Stephen O'Meara QC)
Southern Colour (Vic) Pty Ltd v Parr [2018] HCASL 73 (led by Bret Walker SC)
Full Court of the Federal Court of Australia:
Australian Mines & Metals Association Inc v Construction, Forestry, Maritime, Mining and Energy Union (2018) 268 FCR 128 (led by Stuart Wood QC)
Rogers v MHM Metals Ltd [2015] FCAFC 67 (led by Michael Wheelahan QC)
Victorian Court of Appeal:
Juma v Kone Elevators Pty Ltd [2024] VSCA 217
Milonas v Monash Health [2024] VSCA 57 (with Michelle Britbart KC)
Metro Trains Melbourne Pty Ltd v Keay (2023) 327 IR 184; [2023] VSCA 223
Garrett v Victorian WorkCover Authority (2023) 325 IR 244; [2023] VSCA 144 (led by Michelle Britbart KC)
Stevens v DP World Melbourne Ltd [2022] VSCA 285 (led by Paul O'Grady KC)
Foursquare Construction Management Pty Ltd v Victorian WorkCover Authority (2022) 68 VR 415 (led by Philip Solomon KC)
Bersee v Victoria (2022) 70 VR 260 (led by Michelle Britbart KC)
Griffiths v Nillumbik Shire Council [2022] VSCA 212
SMYBB Pty Ltd v Young [2022] VSCA 115 (led by Philip Solomon QC)
Lloyd v Healthscope Operations Pty Ltd [2021] VSCA 327 (led by Paul O'Grady QC)
Jack Bishop Pty Ltd v Trespa Holdings Pty Ltd [2021] VSCA 275
Victorian WorkCover Authority v Brassington [2021] VSCA 236
Munday v St Vincent's Hospital Ltd [2021] VSCA 170 (led by Jeremy Ruskin QC)
Museums Victoria v Susnjara [2021] VSCA 166
Victorian WorkCover Authority v Papaconstantinou [2021] VSCA 145 (led by Jeremy Ruskin QC)
McKenzie v Healthscope Operations Pty Ltd [2020] VSCA 309 (led by Stephen O'Meara QC)
TTB SMS Pty Ltd v Reading [2020] VSCA 203 (led by James Gorton QC)
Schembri v Victoria [2020] VSCA 145 (led by Stephen O'Meara QC)
Micheli v Khoushaba (2020) 92 MVR 133; [2020] VSCA 128 (led by Jeremy Ruskin QC)
Transport Accident Commission v Murdoch (2020) 92 MVR 1; [2020] VSCA 98 (led by James Gorton QC)
Apps v Victorian WorkCover Authority [2020] VSCA 21 (led by Stephen O'Meara QC)
Yeung v Santosa Realty Co Pty Ltd (2020) 60 VR 161; [2020] VSCA 29 (led by Jeremy Ruskin QC)
The Age Co Ltd v YZ (a pseudonym) (2019) 60 VR 189 (led by Stephen O'Meara QC)
Stephens v Transport Accident Commission (2019) 90 MVR 152; [2019] VSCA 234 (led by Stephen O'Meara QC)
Cardoso v Staff Australia Payroll Services Pty Ltd [2019] VSCA 139 (led by Stephen O'Meara QC)
Jovceva v Transport Accident Commission (2019) 88 MVR 323; [2019] VSCA 105 (led by Stephen O'Meara QC)
Yilmaz v Specialty Fashion Group Ltd [2019] VSCA 100 (led by James Gorton QC)
Weldemichael v ID Sales & Repairs Pty Ltd [2019] VSCA 68 (led by James Gorton QC)
Sheridan v Victorian WorkCover Authority [2019] VSCA 54 (led by Stephen O'Meara QC)
Aycicek v Flowline Industries Pty Ltd [2019] VSCA 37 (led by Stephen O'Meara QC)
Radosavljevic v Residential Commercial Industrial Roofing Pty Ltd [2018] VSCA 337 (led by Philip Solomon QC)
Tomasevic v Victoria [2018] VSCA 325 (led by Stephen O'Meara QC)
Petrovic v Victorian WorkCover Authority [2018] VSCA 243 (led by Michael Wheelahan QC)
Alegria v Transport Accident Commission (2017) 83 MVR 189; [2017] VSCA 379 (led by James Gorton QC)
Southern Colour (Vic) Pty Ltd v Parr [2017] VSCA 301 (led by Michael Wheelahan QC)
Victorian WorkCover Authority v BSA Ltd [2017] VSCA 276; [2017] VSCA 337 (led by Stephen O'Meara QC)
Deal v Kodakkathanath [No 2] [2017] VSCA 193 (led by Michael Wheelahan QC)
Connellan v Murphy [2017] VSCA 116 (led by Stephen O'Meara QC)
Mitchell v Latrobe Regional Hospital (2016) 51 VR 581 (led by Stephen O'Meara QC)
Poholke v Goldacres Trading Pty Ltd [2016] VSCA 232 (led by Michael Wheelahan QC)
Zhang v Joy Foods Australia Pty Ltd [2016] VSCA 199 (led by Michael Wheelahan QC)
Harris v DJD Earthmoving Pty Ltd [2016] VSCA 188 (led by Michael Wheelahan QC)
Haidar v Transport Accident Commission (2016) 77 MVR 121; [2016] VSCA 182 (led by Stephen O'Meara QC)
Kovacic v Transport Accident Commission (2016) 76 MVR 82; [2016] VSCA 139 (led by Michael Wheelahan QC)
Ren v Linen & Moore Pty Ltd [2016] VSCA 116 (led by Michael Wheelahan QC)
Wesfarmers Ltd v Lloyd [2016] VSCA 41 (led by James Gorton QC)
Abbas v Transport Accident Commission (2015) 72 MVR 182; [2015] VSCA 217 (led by Stephen O'Meara QC)
Govic v Boral Australian Gypsum Ltd (2015) 47 VR 430 (led by Michael Wheelahan QC)
Casey v Transport Accident Commission (2015) 70 MVR 45; [2015] VSCA 38 (led by Jeremy Ruskin QC)
Davidson v Transport Accident Commission (2015) 69 MVR 439; [2015] VSCA 12 (led by Jeremy Ruskin QC)
Transport Accident Commission v Campbell (2015) 69 MVR 410; [2015] VSCA 7 (led by Jeremy Ruskin QC)
Davies v Nilsen [2014] VSCA 278 (led by Jeremy Ruskin QC)
Green v Emergency Services Telecommunication Authority [2014] VSCA 207 (led by Michael Wheelahan QC)
Waterfall v Antony [2014] VSCA 44 (led by A Neill Murdoch SC)
Lumley General Insurance Ltd v Port Phillip City Council [2013] VSCA 367 (led by Anthony Kelly SC)
A Woodley Osteopathic Services Pty Ltd v Transport Accident Commission (2013) 46 VR 28 (led by Stephen O'Meara SC); [2014] VSCA 124 (unled)
Phelan v Transport Accident Commission (2013) 65 MVR 427; [2013] VSCA 306 (led by Stephen O'Meara SC)
Transport Accident Commission v Florrimell [2013] VSCA 247 (led by Robin Gorton QC)
Alsco Pty Ltd v Mircevic [2013] VSCA 229 (led by Stephen O'Meara SC)
Jones Lang Lasalle (Vic) Pty Ltd v Korlevski [2012] VSCA 305 (led by Michael Wheelahan SC)
Aluthgamage v Select Care Personnel Pty Ltd (2012) 35 VR 494 (led by MIchael Wheelahan SC)
From 27th October 2011, liability limited by a scheme approved under Professional Standards Legislation.
Jon has a commercial practice including intellectual property, competition and consumer protection law, marketing and regulatory compliance.
Jon has a substantial background in matters involving technical issues and expert evidence. This includes intellectual property and matters involving regulatory or compliance issues such as consumer law, food regulation, veterinary and agricultural products and therapeutic goods. His practice includes building and construction and commercial disputes concerning the technical characteristics of goods or services.
Jon has particular expertise in intellectual property including patents, trademark and related branding rights, copyright, design and confidential information. Jon practices in patent litigation and actions relating to copyright, trademark and trade secrets. He practices in opposition proceedings for patents and trademarks, opposition to amendments and non-use applications. He also practices in intellectual property licensing, commercialisation and franchising, both in the context of disputes and providing strategic advice for business development.
He has advised clients in relation to consumer law issues, including, advertising, advertising disputes and scientific testing in relation to validating and challenging product claims. He has advised clients in relation to product development, packaging and labelling and in relation to nutritional, therapeutic, agricultural and veterinary products.
Before joining the Bar, Jon was a Senior Associate in the Intellectual Property and Litigation department of Allens Arthur Robinson. His non-law training is mostly in the medical and life sciences but he has engineering exposure and works with most areas of science and technology. Jon has had a substantial engagement with a generic pharmaceutical client.
Jon has worked on matters in the following areas:
Liability limited by a scheme approved under Professional Standards legislation.
Ben has a broad practice advising and representing clients across diverse practice areas at both trial and appellate level. His main areas of practice cover tort, criminal, administrative and sports law.
Experience
Ben has particular expertise in managing large and complex litigation and significant inquests and inquiries.
Tort and Professional Negligence
Criminal Law
Administrative and Regulatory Law
Sports Law
Inquests and Inquiries
Ben often acts on behalf of model litigants and is familiar with Model Litigant Principles, including the obligations of such and how they apply in practice.
Past Experience (including Publications)
Ben studied law following from his being awarded the John F. Kearney QC scholarship. Prior to that, Ben undertook studies in Science. He has lectured in areas of both Law and Science at undergraduate and postgraduate levels. His main areas of interest lie where Law and Science intersect.
Ben has been published internationally: see "Anatomy of a Courtroom: A Legal Perspective" in Petherick, Turvey and Feruguson (Ed) (2009) Forensic Criminology (Elsevier Academic Press, Burlington, MA).
Prior to coming to the Bar, Ben was a solicitor at the Victorian Office of Public Prosecutions.
For its duration, Ben was the professional supervisor of the University of Melbourne's Innocence Project where he worked closely with students in reviewing cases of alleged Miscarriages of Justice.
Memberships and Positions
Ben is a member of the Criminal, the Commercial and the Common Law Bar Associations of Victoria.
He is also a member of the Australian and New Zealand Sports Law Association (ANZSLA) and the Sports Lawyers' Association (of America) (SLA).
Ben is a member of the Victorian Bar Readers Course Comittee, Chair of the Exam Standing Review Committee, Dever's List Committee and Deputy Chair of the Sports Law Section. He is a former member of the VicBar Pro Bono Committee.
Ben is an Accredited by the Victorian Bar as Advocacy Instructor. He regularly coaches moots and presents in the Readers' Course.
From 22 Apr 2010, liability limited by a scheme approved under Professional Standards legislation.
Harry practises primarily in commercial law.
Before coming to the Bar, Harry was an Associate to the Hon. Justice McLeish at the Victorian Court of Appeal. He completed a Bachelor of Arts at the University of Sydney and a Juris Doctor at the University of Melbourne. Prior to studying for his Juris Doctor, Harry worked in London and Hong Kong trading Asian currency derivatives as a portfolio manager for a multi-billion-dollar hedge fund.
He has also completed a MSc in Law and Finance at the University of Oxford, graduating with Distinction and receiving the South Square Prize for the highest mark in Corporate Insolvency Law. The MSc in Law and Finance combines subjects from the Bachelor of Civil Law course with subjects from Oxford's Saïd Business School.
He is a co-author of Thomson Reuters's Federal Court Practice.
Harry read with Dr Charles Parkinson KC and his senior mentor is David Batt KC.
Recent Cases
Re Richstone Plumbing Pty Ltd (in liq) – SCV: S ECI 2024 04285 – acting for the Defendant – defending a preference claim under s 588FE and s 588FF of the Corporations Act 2001 (Cth) – led by Dr Oren Bigos KC.
Ding Yong v Song Lihua [2024] VSC 720 – acting for a judgment creditor resisting an application to set aside the registration of a Hong Kong judgment under s 7 of the Foreign Judgments Act 1991 (Cth) – unled.
Monarch Tower Pty Ltd (in liq) v Sinoace Holdings Ltd [2024] FCA 716 – acting for the Respondents to a voidable transaction claim under s 588FE of the Corporations Act 2001 (Cth) – whether the proceeding should be summarily dismissed for failure by the liquidator to promptly serve – whether the failure to give notice of the s 588FF(3)(b) extension to a respondent meant that the claim was statute barred – led by Christopher Brown KC.
Yellow Money Pty Ltd & Ors v Sottile & Ors – CCV: CI-24-06298, CI-24-05423, CI-24-06138 – acting for the Defendants – allegation that high-rates of monthly compound interest under a group of loans constitutes unconscionable conduct under the ASIC Act 2001 (Cth) or the Australian Consumer Law – unled.
N. & U. Nominees Pty Ltd v Larobina – SCV: S ECI 2024 02809 – acting for the trustees and directors of the trustees – claim for rectification of a group of trust deeds – defending allegations that trustees acted for improper purposes, in bad faith, and without real and genuine consideration – defending allegation that transactions occurred without mental capacity – led by Ian Percy.
Re Amoma SÀRL [2023] FCA 1232 and Re Amoma SÀRL (No 2) [2023] FCA 1379 – Recognition of a Swiss insolvency proceeding under the Cross-Border Insolvency Act 2008 (Cth) – acting for the Bankruptcy Office of the Canton of Geneva – led by Dr Oren Bigos KC.
Tex Onsite Pty Ltd v Cornwalls (A Firm) – SCV: S ECI 2022 04677 – allegations of negligence and misleading or deceptive conduct in relation to companies’ entry into receivership – acting for the Second Defendant – led by Dr Oren Bigos KC. Interlocutory judgment:
Re SLKALT Pty Ltd (in liq) [2024] VSC 250 – privilege claim in response to liquidators’ summons to produce documents – joint privilege, waiver and crime/fraud exception to privilege – acting for the liquidators – led by Dr Oren Bigos KC:
AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd – FCA: VID 604/2021 – application to set aside subpoenas against non-parties and claims arising from those subpoenas for legal professional privilege, joint privilege, common interest privilege and parliamentary privilege – acting for the subpoenaed non-parties – led by Dr Oren Bigos KC.
King v Linkage Access Ltd [2022] VSC 158 – common law recognition and enforcement of a United States Bankruptcy Court judgment in Australia – acting for the Plaintiffs – led by Dr Oren Bigos KC.
King v Linkage Access Ltd – QSC: 4876/22 – application for an enforcement warrant against judgment debtor and for the sale and seizure of a luxury yacht – unled.
Beecham Motors Pty Ltd v General Motors Holden NSC Australia Pty Ltd – SCV: S ECI 2020 04789 – class action by dealerships arising out of the retirement of the Holden car brand – acting for the Plaintiff and Group Members – led by Dr Charles Parkinson KC. Interlocutory judgments:
Gecko Australia Pty Ltd v Montagnese – FCA: VID597/2021 – claims for misleading & deceptive conduct and breach of directors’ duties in relation to a business sale and earn-out period – acting for the Plaintiffs – led by Dr Oren Bigos KC. Interlocutory judgment:
Custodian for Gerald and Debra Gray v Redman-Slater – FCA: VID739/2020 – claim by clients of authorised representatives against the financial services licensee for contraventions of the Corporations Act 2001 (Cth) and misleading or deceptive conduct – acting for the financial services licensee – led by Dr Charles Parkinson KC.
Harris v Financial Services Partners – SCV: S ECI 2022 04091 – claims by clients of authorised representatives against the financial services licensee – acting for the financial services licensee. Interlocutory judgment:
JDLF International Pty Ltd v Wood – VSC: S ECI 2022 02775 – interlocutory injunction application to enforce a contractual restraint and s 183 of the Corporations Act 2001 (Cth) against a former employee – acting for the Plaintiff – led by Patrick Wheelahan KC.
JOF Engineering Pty Ltd v Holcim (Australia) Pty Ltd – CCV: CI-20-04009 – interpretation and breach of construction contracts – acting for the Defendant – led by Dr Charles Parkinson KC.
Re IPO Wealth Holdings No 2 Pty Ltd (in prov liq) [2021] VSC 821 – application to stay a liquidators’ examination as an abuse of process – acting for the Examinee – led by Michael Gronow KC and Angel Aleksov.
Sim v Williams – NSWSC: 2021/00358666 – validity of debt under a deed of settlement – acting for the Defendant – led by Michael Gronow KC.
Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd [2022] VSCA 238 and Castaway Avenue Pty Ltd v CSC1957 Investments Pty Ltd [2023] VSCA 30 – specific performance of a contract for the sale of land – whether contract validly terminated – application for security for appeal costs and an appeal stay – acting for the Respondent – led by Ian Percy.
Maersk A/S v Patti – FCA: NSD1291/2021 – alleged breach of contract and misleading & deceptive conduct in relation to shipping contracts – acting for the Respondent – led by James Emmett SC.
Liability limited by a scheme approved under Professional Standards Legislation.
Justin has a common law and commercial practice.
Justin practises in all areas of common law (negligence and intentional torts), including professional negligence, personal injury (incl. psychiatric injury), class actions and public liability.
Justin is currently acting in concussion matters involving AFL players. He is counsel for Richmond Club doctor Dr Greg Hickey in Ty Zantuck v Richmond Football Club & Ors. He is also counsel for Western Bulldogs Club doctor Dr Gary Zimmerman in Liam Picken v Australian Football League & Ors.
Justin also has particular expertise in defamation. Justin has represented high profile clients such as Rebel Wilson, National Australia Bank, the State of Victoria and Dr Anne Webster MP. He has also represented media outlets such as The Australian, The Age, Schwartz Media and the ABC.
Justin is regularly briefed to appear on behalf of Racing Victoria Limited in disciplinary and licensing matters, several of those matters having progressed through to the Supreme Court of Victoria or the Victorian Court of Appeal. He has also been briefed by the AFL in numerous anti-doping matters, including the action against the Essendon Football Club players and Stephen Dank.
Justin is a director of the Victorian Bar Foundation, which is the Victorian Bar’s not for profit organisation. The Victorian Bar Foundation works to promote a number of causes in the community, including supporting the provision of legal education, providing information about the legal system, the role of barristers in the legal system and the role of law in society.
Justin’s mentor was Claire Harris SC and his senior mentor was Jeff Gleeson KC.
Sample of common law/negligence cases:
Sample of commercial cases:
Sample of defamation cases:
From 23 Oct 2014, liability limited by a scheme approved under Professional Standards legislation
Paul practices in all areas of commercial and public law, including taxation law, employment and industrial relations law and constitutional and administrative law.
He has acted in matters in the High Court, Federal Court, Federal Circuit and Family Court, various State Supreme Courts, the Administrative Appeals Tribunal and the Fair Work Commission. He has also appeared in Royal Commissions and inquiries.
Paul has particular experience in:
Paul commenced his career in private practice at Minter Ellison. Before coming to the Bar, he worked as a Legal Researcher at the Supreme Court of Victoria and was an Associate at the Federal Court of Australia.
Paul holds a Bachelor of Commerce and a Bachelor of Laws (with first class honours) from Monash University. He also holds a Master of Laws from the University of Melbourne.
Paul read with Kathleen Foley SC and his senior mentor is Philip Solomon KC.
'Liability limited by a scheme approved under Professional Standards Legislation'
Michael Hines is an experienced advocate, having appeared mainly in the superior courts. Recently, he appeared as Counsel before the High Court in Hsiao v Fazarri (2020) FLC 93-990; [2020] HCA 35; and before that, in the well known case, Kennon v Spry (2008) 238 CLR 366.
A large part of his practice consists of advising and drawing documents.
He is a past director of the Trustee of the Victorian Bar Superannuation Fund.
He is the author of numerous publications, for example, a loose-leaf service, 'Stamp Duties Victoria' (LBC), is a presenter at many seminars, and has taught Post Graduate Tax subjects at the University of Melbourne.
'Liability limited by a scheme approved under Professional Standards Legislation.'
Jonathan practises in commercial law, public law, industrial law and torts, including in numerous class actions. He has advised and appeared at trial and appellate level for a diverse range of clients including corporations, government agencies, unions and individuals.
Before coming to the Bar, he worked as Chief of Staff to Commonwealth Attorney-General Robert McClelland, as a Senior Associate in Commercial Dispute Resolution at Holding Redlich Lawyers, and as an Associate to Justice Michael Moore at the Federal Court.
He has a Bachelor of Arts in French and a Bachelor of Laws (Hons I) from the University of Sydney, and a Bachelor of Science with a double major in mathematics and physics from the University of Melbourne. He also has a Diploma of French Language from the University of Strasbourg, and studied Mandarin at Fudan University in Shanghai.
Jonathan's litigation experience includes handling complex scientific and engineering expert evidence in a range of proceedings.
He read with Bernie Quinn KC.
Matters in which he has acted have included:
Commercial law
Acting for the respondent retailer in a class action in the Federal Court concerning discount pricing: Demery v Coles Supermarkets Australia Pty Ltd (2024-), instructed by Allens
Acting as court-appointed contradictor in an application for approval of the settlement of a Federal Court class action concerning a financial planning network: Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd [2024] FCA 1036
Acting for the defendants in product liability class actions in the Supreme Court of Victoria concerning motor vehicle diesel engine emissions: El Helou v Mercedez-Benz Australia-Pacific Pty Ltd & Ors (2024-); Wawryk & Anor v Mercedes-Benz Australia/Pacific Pty Ltd & Anor [2024] VSC 120, 186, instructed by Herbert Smith Freehills
Acting for the defendant in a securities class action in the Supreme Court of Victoria concerning US regulatory action in the pharmaceutical industry: Hillman v Mayne Pharma Group Ltd [2024] VSC 786, instructed by Herbert Smith Freehills
Acting for the respondent bank and insurers in a class action in the Federal Court claiming misleading or deceptive conduct, financial product advice contraventions, unconscionable conduct and restitution for mistake, in connection with consumer credit insurance products: Reilly & Anor v Australia and New Zealand Banking Group Ltd & Ors [2020] FCA 1609, 1502, 436, led by Michael Borsky KC, instructed by Herbert Smith Freehills
Acting for a respondent bank in a class action in the Federal Court alleging cartel conduct in the foreign exchange market: J Wisbey & Associates Pty Ltd v UBS AG & Ors [2021] FCA 36, led by Wendy Harris KC and Michael Borsky KC, instructed by Herbert Smith Freehills
Acting for the CITIC parties in several proceedings relating to the Sino Iron Project:
- Proceedings in the Supreme Court of Western Australia alleging breaches of contract concerning proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Anor [2024] WASC 242, 322, 413, 486, with Noel Hutley SC, instructed by Herbert Smith Freehills
- Proceedings in the Supreme Court of Western Australia involving various tortious and contractual claims concerning litigation relating to the Sino Iron Project: Mineralogy Pty Ltd & Anor v Dillon & Ors [2024] WASC 322, with Steven Finch SC, instructed by Allens
- Proceedings initially in the Federal Court and subsequently in the Supreme Court and Court of Appeal of Western Australia involving claims in contract, estoppel and under the Australian Consumer Law concerning proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Ors [2019] FCA 675, [2020] WASC 311, [2021] WASC 475, 473, 451, 384, 170, [2022] WASC 476, 475, 474, 473, 472, 471, 46, 25, [2023] WASC 192, 96, 56, led by John Karkar KC, Stephen Parmenter KC and Stephen Free SC (Supreme Court), and Noel Hutley SC (Court of Appeal), instructed by Herbert Smith Freehills
- Proceedings in the Court of Appeal of Western Australia and the High Court involving a contractual dispute relating to a magnetite production royalty: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd [2019] WASCA 80, [2020] HCATrans 10, led by Alan Archibald KC and Charles Scerri KC (Court of Appeal), and Justin Gleeson SC (High Court), instructed by Allens
- Proceedings in the Supreme Court and Court of Appeal of Western Australia involving a contractual dispute concerning a Site Remediation Fund, and an application to replace a trustee: Mineralogy Pty Ltd v Sino Iron Pty Ltd & Ors [2021] WASC 45, [2022] WASCA 162, led by Kanaga Dharmananda SC, instructed by Allens
- Proceedings in the Supreme Court of Western Australia concerning a contractual indemnity: Palmer v CITIC Ltd [No 7] [2023] WASC 202, led by John Karkar KC, instructed by Allens
Acting for a respondent bank in a class action in the Federal Court alleging breaches of contract and unconscionable conduct in relation to 7-Eleven franchises: Davaria v 7-Eleven Stores Pty Ltd & Ors [2020] FCA 1234, led by Michael O'Bryan QC, instructed by Herbert Smith Freehills
Acting for a bidco in a scheme of arrangement proceeding in the Supreme Court of Victoria: Re Zenitas Healthcare Ltd (2018), instructed by Herbert Smith Freehills
Acting for the respondent bank in Federal Court proceedings concerning responsible lending obligations in the context of motor vehicle finance: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2018] FCA 155, led by Alan Archibald KC, instructed by Herbert Smith Freehills
Acting for several defendants in two securities class actions in the Federal Court concerning accounting and forecast financial information in the dairy industry, and trustee obligations of a responsible entity: Webster v Murray Goulburn Co-operative Co. Ltd & Ors [2018] FCA 990; [2017] FCA 1260, 995; Endeavour River Pty Ltd v MG Responsible Entity Ltd [2020] FCA 968, led by Wendy Harris KC, instructed by Herbert Smith Freehills
Acting for the applicants in two securities class actions in the Federal Court concerning forecast financial information relating to an infant milk formula business: McKay Super Solutions Pty Ltd (Trustee) and Basil v Bellamy’s Australia Ltd [2017] FCA 947, [2020] FCA 461, led by Rachel Doyle SC and John Sheahan KC, instructed by Slater + Gordon and Maurice Blackburn
Acting for the respondent in a securities class action in the Federal Court concerning accounting and forecast financial information relating to a facilities services business: Court v Spotless Group Holdings Ltd [2020] FCA 1730, led by Michael Garner, instructed by Colin Biggers & Paisley
Acting for a retailer in relation to an Australian Securities and Investments Commission investigation and infringement notice concerning continuous disclosure (2017), instructed by Herbert Smith Freehills
Acting for a law firm in Federal Court proceedings relating to the approval of a settlement of a managed investment scheme class action: Kelly v Willmott Forests Ltd (2017), led by Richard Attiwill QC, instructed by Macpherson Kelley
Acting for the respondent gold mining company in a securities class action in the Federal Court concerning gold production outlook and impairment assessments: Earglow Pty Ltd v Newcrest Mining Ltd (2015-2016), led by Wendy Harris KC, instructed by Herbert Smith Freehills (settled)
Torts
Acting for the Commonwealth in a class action in the Federal Court alleging negligence, false imprisonment, misfeasance in public office and race discrimination in relation to people smuggling boat crew: Yasmin v Commonwealth of Australia [2023] FCA 1661, instructed by Australian Government Solicitor
Acting for a proposed defendant in defamation proceedings in the Supreme Court of Victoria concerning a limitation period: Johnston v Holland [2017] VSC 448, instructed by Slater + Gordon
Acting for a third party medical services provider in a class action in the Supreme Court of Victoria in proceedings alleging negligence and false imprisonment relating to the Manus Island Regional Processing Centre: Kamasaee v Commonwealth of Australia & Ors (2017), led by Richard Attiwill QC, instructed by Barry Nilsson Lawyers (settled)
Acting for a defendant electricity distribution company in a class action in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2014 Mickleham bushfire: Williams v AusNet Electricity Services Pty Ltd & Ors (2016-2017), led by Michael Wheelahan QC, instructed by Herbert Smith Freehills (settled)
Acting for a former football player in relation to claims against Essendon Football Club and the Australian Football League arising from the Essendon supplements program (2016), instructed by Schetzer Constantinou (settled)
Acting for the plaintiff in defamation proceedings in the County Court of Victoria concerning a limitation period: Van Garderen v Channel Seven Melbourne Pty Ltd & Ors [2016] VCC 953, instructed by Holding Redlich
Acting for a defendant electricity distribution company in three class actions in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2009 Beechworth, Kilmore East-Kinglake and Murrindindi bushfires: Mercieca v SPI Electricity Pty Ltd & Ors (2012), led by Jonathan Beach QC (settled); Matthews v SPI Electricity Pty Ltd & Ors (2012-2014), led by Jonathan Beach QC and Bernie Quinn KC (settled following 208 day trial); Rowe v AusNet Electricity Services Pty Ltd & Ors (2014-2015), led by Philip Solomon KC and Bernie Quinn KC (settled), instructed by Herbert Smith Freehills
Acting for a defendant litigation funder and its managing director in defamation proceedings in the Supreme Court of Victoria and Court of Appeal: Barrow v McLernon & IMF (Australia) Ltd [2012] VSC 134 and 313, led by Stephen O'Meara QC, instructed by Arnold Bloch Leibler
Acting for a former Victorian Government Minister defending defamation proceedings in the Supreme Court of Victoria: Lovell v Holding (2011-2012), led by Georgina Schoff KC, instructed by Holding Redlich (settled)
Acting for a financial advisory firm and its officers in proceedings in the ACT Supreme Court involving allegations of defamation and misuse of confidential information: Taylor v Dixon Advisory Ltd & Ors (2009-2011), led by Jeremy Ruskin KC, instructed by Slater + Gordon (settled)
Public law
Acting for the Commonwealth in Federal Court and High Court proceedings under the Racial Discrimination Act 1975 (Cth) concerning the age pension: Fisher v Commonwealth of Australia [2023] FCAFC 106, 181, [2024] HCASL 58, 59, led by Jenny Firkin KC (Federal Court), Stephen Donaghue KC (High Court), instructed by Australian Government Solicitor
Acting for the Commonwealth respondents in Federal Court proceedings concerning legal representation in class action proceedings: Paschke v Secretary, Department of Social Services [2023] FCAFC 143, instructed by Australian Government Solicitor
Acting for a respondent wind farm operator in Federal Court proceedings alleging breaches of the National Electricity Rules in connection with the 2016 South Australian blackout: Australian Energy Regulator v Pacific Hydro Clements Gap Pty Ltd [2021] FCA 733, led by Philip Solomon KC, instructed by Allens
Acting for the defendants in two proceedings in the Victorian Supreme Court and Court of Appeal concerning political party preselection and disciplinary processes: Asmar v Albanese [2021] VSC 782, 672, 334, 324, 263, [2022] VSCA 19; Kairouz v Bracks [2021] VSC 783, 671, 130, led by Peter Willis SC and Tony Lang, instructed by Holding Redlich
Acting for a union in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to a report of an inquiry in the TAFE sector: Department of Education and Training v Australian Education Union [2019] VCAT 1667, instructed by the AEU
Acting for the defendants in a proceeding in the Supreme Court of Victoria concerning a political party preselection: Barker v Australian Labor Party & Ors [2018] VSC 596, 646, instructed by Holding Redlich
Acting for the Secretary to the Department of Justice and Regulation in the Supreme Court of Victoria and the Court of Appeal opposing a judicial review application to restrain the conduct of the VEOHRC Independent Equity and Diversity Review of the Country Fire Authority and the Metropolitan Fire Brigade: United Firefighters’ Union v VEOHRC & Anor [2018] VSCA 252; [2017] VSC 773, led by Melinda Richards SC, instructed by Victorian Government Solicitor’s Office
Advising Victorian Government agencies on various constitutional and legislative issues (2016-2017, 2020), with Kristen Walker QC and Richard Niall QC, Solicitors-General for Victoria, instructed by Victorian Government Solicitor’s Office
Acting for several third parties in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to commercial information: Medibank Private Ltd v Alfred Health & Ors (2017), instructed by Herbert Smith Freehills (settled)
Acting for the applicant in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to research data: Johnson v Cancer Council Victoria [2016] VCAT 1596, led by Charles Scerri KC, instructed by Herbert Smith Freehills
Acting for the Commonwealth in Federal Court proceedings concerning the Royal Commissions Act 1902 (Cth): CW3 v Commonwealth of Australia (2014), led by Stephen Donaghue KC, instructed by Australian Government Solicitor (settled)
Acting for the appellant union in High Court proceedings concerning the constitutional validity and statutory interpretation of retrospective legislation: Australian Education Union v General Manager of Fair Work Australia [2012] HCA 19, led by Peter Hanks KC, instructed by Holding Redlich
Acting for the respondent Members of Parliament in election petition proceedings in the Federal Court under the Commonwealth Electoral Act 1918 (Cth): Green v Bradbury [2011] FCA 71, Freemantle v O'Neill [2011] FCA 72, led by Bret Walker SC and Tony Lang, instructed by Slater + Gordon
Acting for a defendant in an injunction application in the Supreme Court of Victoria concerning a political party preselection: Jackson v Bitar [2011] VSC 11, led by Kristine Hanscombe KC, instructed by Holding Redlich
Industrial law
Acting for an employer organisation in an application to vary the General Retail Industry Award: Application by the Australian Retailers Association [2024] FWCFB 197, 251, , instructed by King & Wood Mallesons
Acting for certain respondent franchisees in a class action in the Federal Court concerning paid breaks in the fast food industry: Singh v Kentucky Fried Chicken Pty Ltd [2024] FCA 1180, instructed by Corrs Chambers Westgarth
Acting for a respondent labour hire company in a class action in the Federal Court concerning casual employment: Ridge v Hays Specialist Recruitment (Australia) Pty Ltd [2024] FCA 328, instructed by Corrs Chambers Westgarth
Acting for the applicant income protection insurer in Federal Court proceedings involving claims under the ASIC Act: ATC Insurance Solutions Pty Ltd v United Firefighters' Union of Australia [2023] FCA 566, instructed by Holding Redlich
Acting for several teachers in Federal Court proceedings under the Disability Discrimination Act 1992 (Cth) concerning reasonable adjustments: Dunwill & Ors v Secretary to the Department of Education and Training (2019-), instructed by Holding Redlich
Acting for the respondent in a class action and regulatory proceeding in the Federal Court alleging underpayment under the General Retail Industry Award: Pabalan v Coles Supermarkets Australia Pty Ltd [2021] FCA 118 and Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd, led by Rachel Doyle SC and Marc Felman KC, instructed by Herbert Smith Freehills
Acting for the respondent labour hire companies in two class actions in the Federal Court concerning casual employment: Turner v TESA Mining (NSW) Pty Ltd & Ors [2019] FCA 1644, [2022] FCA 151 and Hill v Skilled Workforce Solutions (NSW) Pty Ltd (2019-), led by Paul O'Grady KC, instructed by Herbert Smith Freehills
Acting for the applicant teacher in a proceeding in the Federal Court alleging breaches of an enterprise agreement concerning fixed term employment at a TAFE institute: Kappes v Goulburn Ovens Institute of Technical and Further Education (2017-18), instructed by Holding Redlich
Acting for the respondent union in an application by a university in the Fair Work Commission to terminate an enterprise agreement: Murdoch University [2017] FWCA 4472; and for the respondent union and its officers in Federal Court proceedings concerning enterprise bargaining: Murdoch University v National Tertiary Education Industry Union & Ors [2017] FCA 1507, led by Richard Attiwill QC, instructed by Maurice Blackburn
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Court alleging breaches of statutory governance obligations by the Health Services Union and its former officers: General Manager of the Fair Work Commission v Thomson [2015] FCA 308 and 1001, led by Stephen Donaghue KC, instructed by Corrs Chambers Westgarth; and General Manager of Fair Work Australia v Health Services Union & Ors [2014] FCA 970, led by Stephen Donaghue KC, instructed by Australian Government Solicitor
Acting for the applicant union in an application in the Fair Work Commission for a majority support determination relating to editorial staff in the Australian Football League's media operation, AFL Media: Media, Entertainment and Arts Alliance v Australian Football League [2014] FWC 8898, instructed by Maurice Blackburn
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Magistrates' Court of Victoria alleging underpayment of award wages and record-keeping contraventions by a 7-Eleven franchisee affecting employees on international student visas: Fair Work Ombudsman v Bosen Pty Ltd & Ors [2011] VMC 21, instructed by Maurice Blackburn and FWO
Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Magistrates' Court alleging underpayment of award wages affecting employees on 457 visas and apprentices: Fair Work Ombudsman v Taj Palace Tandoori Indian Restaurant Pty Ltd [2012] FMCA 258, instructed by FWO; Fair Work Ombudsman v Bottcher [2010] FMCA 956, instructed by FCB Workplace Law
Acting for the applicant forensic scientist in Federal Court proceedings against the Chief Commissioner of Police seeking an injunction against suspension from employment under the Public Administration Act 2004 (Vic): Quinn v Overland [2010] FCA 799, led by Rachel Doyle SC, instructed by Maurice Blackburn
Acting for the respondent employer in proceedings in Fair Work Australia concerning a dismissal based on redundancy: Nichols v Hoad Fabrics Corp Pty Ltd [2010] FWA 6205, instructed by Holding Redlich
Acting for the respondent employee in appeal proceedings in Fair Work Australia concerning the power to grant permission to appeal: GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343, instructed by the National Union of Workers
From 04 Jun 2009, liability limited by a scheme approved under Professional Standards legislation.
Previously a Partner in Herbert Smith Freehills (Sydney and then Melbourne).
J.B. Chifley Prize for Economics (NSW HSC).
National Undergraduate Scholar (1974 to 1978).
University Prizes in Mathematical Economics, Politics, Economics and Law.
Member of the Global Foundation.
Appeared in commercial trials and appeals in all Australian states and Federal jurisdictions.
Practice in General Commercial and Equity Law, with emphasis on Corporations, Property, Insolvency, Equity, Finance, Contract, Probate, Trade Practices and Administrative Law.
Substantial experience as a Mediator.
Victorian Bar Committee Memberships (Library Committee)
"From 1st July 2011, liability limited by a scheme approved under Professional Standards Legislation."
Greg joined the Victorian Bar in 1991 and has a broad commercial practice which is involved in appearing in the following jurisdictions:
Practises mainly in civil jurisdiction of all courts including VCAT.
Significant experience in Personal Injuries, Contract/Commercial disputes, Industrial Relations Commission (Employment). Mediator. Paperwork. Experienced in publishing, television and recording contracts/negotiations/disputes.
Niko practises primarily in employment and commercial law. He also accepts briefs in public law and common law matters.
Before coming to the bar, Niko was the Associate to His Honour Justice Cosgrave (then Judge Cosgrave) and later worked as a solicitor-advocate for Safe Transport Victoria where he ran prosecutions and merits reviews.
Earlier, Niko practised as a solicitor in the employment and dispute resolution teams at Gadens.
Niko holds a Bachelor of Arts from Monash University and a Bachelor of Laws (first class honours) from Victoria University where he sits on the Law Faculty’s Program Advisory Committee.
Niko read with Jack Tracey SC and his senior mentors are Anthony Strahan KC and Paul O'Grady KC.
Liability limited by a scheme approved under Professional Standards Legislation.
James practises mainly in commercial and public law. He has particular interests in equity and trusts, insurance, and in cross-border disputes.
Before coming to the bar, James was an Associate at Allens, where he practised in commercial litigation with a focus on regulatory and insurance-related disputes.
He graduated from the University of Melbourne with first class honours in law, history and art history, and from the University of Oxford with a doctorate in history.
In 2007, he was Associate to Justice Gummow of the High Court of Australia. He is a past editor of the Melbourne University Law Review, and is a reporter for the Commonwealth Law Reports. He is the Honorary Correspondent for the Selden Society in Victoria.
James teaches Trusts at the University of Melbourne. He formerly taught law at the University of Cambridge, where he was a fellow of Selwyn College.
James read with Michael Rush KC. His senior mentor is Philip Solomon KC.
Cases:
High Court of Australia
Victorian Court of Appeal
Full Federal Court
Supreme Court of Victoria
Supreme Court of New South Wales
Supreme Court of Western Australia
Federal Court of Australia
Victorian Civil and Administrative Tribunal
From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.
Before coming to the Bar, Banjo was a Senior Associate at Allens Arthur Robinson and the Associate to the Honourable Justice Middleton of the Federal Court of Australia. He graduated from the University of Adelaide with degrees in Law (with Honours) and Science, and undertook a year of his law degree in French at the Universite de Poitiers in France.
Banjo practises in commercial litigation. Significant matters include the following:
Acting for Honda Australia in proceedings brought by former dealers.
Glideware Pty Ltd v Hadad [2024] VSC 34.
Acting for Aveo Group Limited in the Federal Court class action (Luke v Aveo Group Limited (No 3) [2023] FCA 166) .
Acting for Aveo Group Limited in the Federal Court class action
Diversa Pty Ltd v Taiping Trustees Ltd [2022] FCA 316 (with Vanessa Whittaker SC and Nicholas Mirzai)
McCallum, in the matter of Re Holdco Pty Ltd (No 2) [2021] FCA 377
Ford (Administrator), Re The PAS Group [2020] FCA 1873
Mentha v Epic Energy South Australia Pty Ltd (No 2) [2018] FCA 925
SMEC Holdings Pty Ltd v Commissioner of the AFP [2018] FCA 609
Acting for Bank of Queensland in the Financial Services (Banking) Royal Commission.
Aftermarket Network Australia Pty Ltd v Certain Underwriters at Lloyd’s [2016] FCA 1402
Mentha, in the matter of Arrium Limited (administrators appointed) [2016] FCA 1357
State Street Australia Ltd v Retirement Villages Group Management Pty Ltd [2016] FCA 675
Re Banksia Securities Ltd (in liq) (recs and mgrs apptd) [2016] NSWSC 357
Re Donnelly and Ors (in their capacities as joint and several administrators of Carpenter International Pty Ltd (ACN 165 690 657) (admins apptd)) - (2016) 111 ACSR 477; [2016] VSC 118
Lanka Graphite Limited (formerly Viculus Limited) [2015] FCA 798
ASIC v Mariner Corporation Limited [2015] FCA 589
Vaughan Super Pty Ltd v Becton Property Group Limited [2014] FCA 581 (successful application to strike out Federal Court claim in entirety, led by Peter Jopling AM QC)
Banksia proceedings (acting for Banksia’s receivers in proceedings in the Supreme Court of Victoria, led by Philip Crutchfield QC and Jonathon Redwood)
ASIC v Centro Directors (Civil Penalty Proceeding in the Federal Court, led by Alan Archibald QC and Philip Crutchfield QC)
Centro Class Action (Federal Court, led by Philip Crutchfield QC for the former non-executive directors of Centro)
Fairlight.au Pty Ltd v Peter Vogel Instruments Pty Ltd (trade mark and contract claim in Federal Court, led by Andrew Panna SC)
Rod Investments (Vic) Pty Ltd v Adam Clark & Ors (Media World Shareholder Class Action in the Supreme Court, led by Bernie Quinn SC)
Keller v LED Technologies Pty Ltd (No 2) (Full Federal Court, led by Peter Riordan SC)
From 19/11/2009, Liability limited by a scheme approved under Professional Standards Legislation.
Simon came to the Bar in 1986.
Areas of Practice
He has an extensive practice in commercial litigation including litigation involving major infrastructure projects. His most prominent work areas are in contract and corporations law, major torts, equity and insolvency. He has appeared in many major cases, including in competition law (including infrastructure access cases) and commercial law, as well as in 3 Royal Commissions and in other public Inquiries.
Court Work
He appears in all State and Federal Courts.
Advice
He has a large commercial advice practice in major commercial disputes including for significant public companies and for government.
Mediation
He regularly mediates disputes in commercial matters.
Committees
He served on the Victorian Bar Council for 4 years from 2017 to 2020, including 3 years as Vice President of the Bar. He has also served as Chairman of the Readers’ Course Committee and of the Bar’s Education & Professional Development Executive. He also served on the Counsel Committee.
Liability limited by a scheme approved under Professional Standards Legislation.
Common Law and Insurance Litigation, Medical Negligence, Administrative Law, Trade Practices, Racing.