Raph has a broad civil practice, at both trial and appellate level. He practises primarily in torts, class actions, judicial review, insurance and coronial law. He has significant experience in a wide variety of common law matters, as well as experience in dealing with issues of choice of law and maritime law. He has significant experience appearing in court both led and unled.
Recent matters in which he has been briefed include the following:
From 24 Oct 2013, 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.
Senior Associate at Phillips Fox (Commercial Litigation). Associate to Chief Justice Mason, High Court of Australia.
From 10th April 2014, 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.
For 30 years, Richard has conducted a national practice as a workplace relations lawyer, having acted for most of the significant employers in Australia across all industries, including coal and metalliferous mining, offshore oil and gas, airlines, stevedoring, transport and logistics, building and construction, power generation, telecommunications and manufacturing. Richard has also acted extensively for government and public sector employers, as well as regulators.
Richard has extensive experience as a trial and appellate advocate in federal and state courts and tribunals in the full range of industrial and employment matters.
Recent cases include:
Murdock v Virgin Australia Airlines Pty Ltd (No 2) [2023] FCA 569 (5 June 2023)
Megan Willoughby v Jetstar Airways Pty Ltd [2023] FWC 899 (17 April 2023)
Qube Ports Pty Ltd [2023] FWC 508 (1 March 2023)
Fortrend Securities Pty Ltd v Wollermann [2023] FCA 70 (9 February 2023)
Application by Maurice Alexander Management Pty Ltd [2022] FWC 3236 (19 December 2022)
CBRE (C) Pty Ltd v Daniel Thomas & Ors [2022] VSC 636 (24 October 2022)
State of Victoria, Victoria Police v Milka Bateson [2022] FWC 2655 (4 October 2022)
Murdock v Virgin Australia Airlines Pty Ltd [2022] FCA 1074 (9 September 2022)
Annunziata Cinque v Jetstar Airways Pty Ltd [2022] FWC 2235 (24 August 2022)
Transport Workers' Union of Australia v Qantas Airways Limited (No 5) [2022] FCA 782 (1 June 2022)
Stuart Tween v Qantas Airways Ltd [2022] FWC 1594 (22 June 2022)
Transport Workers' Union of Australia v Qantas Airways Limited (No 4) [2021] FCA 1602
Flight Attendants' Association of Australia [2021] FWC 6537 (7 December 2021)
Transport Workers' Union of Australia v Qantas Airways Limited (No 3) [2021] FCA 1339
Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030
Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873 (30 July 2021)
Sabapathy v Jetstar Airways (No 2) [2021] FCAFC 68
Summers v Qantas Airways Limited [2021] FCA 391 (21 April 2021)
Sabapathy v Jetstar Airways [2021] FCAFC 25 (4 March 2021)
Lyon v Jetstar Airways Pty Ltd [2021] FWCFB 960 (23 February 2021)
Lion - Beer Spirits & Wine Pty Ltd v United Workers' Union [2020] FWC 6617 (8 December 2020)
Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590 (7 May 2020)
Shahin Enterprises Pty Ltd v Mathew [2020] FCAFC 57 (31 March 2020)
Australian Workers' Union, The [2020] FWC 1012 (25 February 2020)
Dasame Developments Pty Ltd & Ors v Pakenham Racing Club Inc [2019] VSC 816 (11 December 2019)
Civil Air Operations Officers’ Association of Australia v Airservices Australia [2019] FCA 1542
Fair Work Ombudsman v A&S Wholesale Fruit & Vegetables Pty Ltd [2019] FCCA 1838
Fair Work Ombudsman v Hu (2019) 289 IR 240
Australian Building and Construction Commissioner v Powell (No 2) [2019] FCA 972
Treasury Wine Estates Vintners Limited v Pearson (2019) 268 FCR 12
Chi Nguyen v KDR Victoria Pty. Ltd. T/A Yarra Trams [2019] FWC 685 (6 February 2019)
Catherine Thomas v KDR Victoria Pty Ltd t/a Yarra Trams [2018] FWC 2698
Application by the Construction, Forestry, Maritime, Mining and Energy Union for a right of entry permit to be issued to Mr Michael Kenneth Robinson [2018] FWC 1777 (12 April 2018)United Firefighters’ Union of Australia v Metropolitan Fire and Emergency Services Board T/A MFB; and Country Fire Authority[2018] FWC 4920
BGC Contracting Pty Ltd [2018] FWC 1466 (12 June 2018)
Fair Work Ombudsman v Hu (No 2) [2018] FCA 1034 (12 July 2018)
Pilbara Iron Company (Services) Pty Ltd t/a Rio Tinto Iron Ore v Michael Ballam [2018] FWCFB 1747
Kaseries v Rasier Pacific VOF [2017] FWC 6610 (21 December 2017)
Pearson v Treasury Wines Estates [2017] SAET 182 (21 December 2017)
Construction, Forestry, Mining and Energy Union v CSRP Pty Ltd [2017] FWCFB 2101 (19 April 2017); (2017) 270 IR 1
Maritime Union of Australia v MMA Offshore Logistics Pty Ltd [2017] FWCFB 660 (1 February 2017); (2017) 263 IR 81
Hutchings v Coles Group Supply Chain Pty Ltd [2017] FWCFB 50 (11 January 2017)
United Voice v MSS Security Pty Ltd [2016] FCAFC 124 (23 August 2016)
Articles and papers include:
"Judicial Review of Decisions of the Fair Work Commission", Paper delivered at the Victorian Bar CPD seminar on 25 July 2019.
"Protected industrial action and terminating or suspending industrial action", Paper delivered at Law Institute of Victoria Workplace Law Group Annual Conference at Oaks on Market on 9 November 2012.
"Dealing with OHS representatives and OHS right of entry", Paper delivered at Legalwise Workplace Law Seminar at RACV Club Melbourne on 7 March 2012.
"Civil Penalty Proceedings under the Fair Work Act 2009 and the Building and Construction Industry Improvement Act 2005", Seminar Paper delivered at Law Institute of Victoria on 28 July 2011.
"A Costly Decision", Law Institute Journal, July 2009 (article dealing with the costs framework under the Fair Work Act 2009).
"Workers' Entitlements in Insolvency", Seminar Paper delivered at Legalwise Seminar "Corporate Insolvency: A Practical Guide", Melbourne, 15 September 2005. "Making Disputes Procedures Work", February 2003.*
http://www.findlaw.com.au/articles/default.asp?task=read&id=7654&site=GN "The Right to Strike in Australia", R. Dalton and R. Groom; Melbourne University Journal of International Law, Issue 1 Volume 1, December 2000.*
http://www.mjil.law.unimelb.edu.au/issues/archive/2000/2000-11Dalton.pdf “Inherent requirements of the particular position”, R. Dalton and J. Cooper, Australian Company Secretary, 1996 vol 48(7) Aug pp. 301-302.* (* as a solicitor).
From 01 Jul 2008, 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.
I have been a commercial litigation lawyer for 30 years and a mediator for 20 years. I currently practice at the Victorian Bar exclusively as a mediator.
I have been named as a leading mediator in Victoria in Doyle's Guide each year the list has been published and am accredited by the Victorian Bar as an advanced mediator. I have undertaken advanced mediation training with Harvard Negotiation Institute's Program on Negotiation and also with Bond University's Dispute Resolution Centre.
In my roles with the Federal Court of Australia, I undertook mediations in all major areas of the Court's jurisdiction (commercial and trade practices disputes, insolvency, workplace, native title and human rights cases), trained and mentored new mediators and co-developed and delivered mediation skills training for the judiciary and legal profession in the South Pacific. I also exercised judicial functions in bankruptcy and corporations law cases.
At the ANZ Banking Group Limited I was a senior member of the Bank's dispute resolution group, which had responsibility for all of the Bank's non-lending related litigation as well as high-profile lending disputes.
Rob is an experienced trial and appellate advocate with a broad national practice incorporating general corporate and commercial law, insolvency, class actions, building and construction and white-collar crime. Recognised by Chambers & Partners Global, Legal 500 and Doyle’s Guide since 2020 as a leading Australian silk in commercial litigation and construction litigation, Rob appears in all jurisdictions in Australia and in domestic and international arbitrations.