RECENT CASES
Yoorrook Truth and Justice Commission, Senior Counsel assisting
O’Connor v Comensoli Historic abuse of a child by a priest, liability of Melbourne Archdiocese of the Catholic Church
Carmichael v Commonwealth Appeal of dismissal of Work Health and Safety charges against Defence upheld on appeal
ASIC v RI Advice Civil penalty proceedings against RI Advice concerning cyber security risk management for financial services advisors and licensees
Pabai & Anor v Commonwealth Landmark climate change class action on behalf of Torres Strait Islanders
PCB v Geelong College. Negligence claims, record damages awarded to survivor of child sex abuse
John XXIII College v SMA Appeal against negligence for directing students off campus and response to assault claims
CDPP v Defence Workhealth and Safety charges concerning death of a solider in training exercise
CDPP v Defence Successful defence at trial of WHS charges, now on appeal, concerning electrocution of soldiers in training exercises
Disability Royal Commission Appearing for service provider Aruma Disability Services
McDonald v Commonwealth Class action claims for historic unpaid wages in the Northern Territory bought by First Peoples
Various plaintiffs v Commonwealth Claims by various employees working in offshore detention facilities on Manus Island
R v Kannan Prosecution, slavery and domestic servitude
Sheridan v Australian Pacific Airports and Australian Federal Police Airport licensing, allegations of assault and false imprisonment
SELECT CASES
PUBLIC LAW
McDonald v Commonwealth NT Stolen wages class action for the Commonwealth
Pabai & Anor v Commonwealth Landmark climate change class action on behalf of Torres Strait Islanders
Yoorrook Truth and Justice Royal Commission, senior counsel assisting
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability - Senior Counsel for Aruma Services 2019-2020
Royal Commission into Aged Care and Quality Safety - Senior Counsel for Bupa Aged Care, Senior counsel for Assisi 2019-2020
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry - Senior Counsel for Hollard BRC and Greenstone Financial Services 2018
Royal Commission into Institutional Child Sex Abuse - Senior Counsel for the Commonwealth 2013-2017
Queensland Floods Commission of Inquiry – Senior Counsel for the Commonwealth, 2011- 2012
Victorian Bushfires Royal Commission – Senior Counsel for the Commonwealth, 2009-2010
Christian Youth Camps Ltd v Cobaw Community Heath Services Victorian Court of Appeal, appearing for intervenor International Commission of Jurists concerning competing rights of anti-discrimination and freedom of religion under Equal Opportunity laws and the Charter of Human Rights and Responsibilities - refusal to provide accommodation services to the plaintiff, a state-wide youth suicide prevention project targeting same-sex attracted people, on grounds of incompatibility with doctrines of religious group.
TORTS
O’Connor v Comensoli Trial and on appeal, historic abuse of a child by a priest, liability of Melbourne Archdiocese of the Catholic Church
PCB v Geelong College. Negligence claims, record damages awarded to survivor of child sex abuse
John XXIII College v SMA Appeal against negligence for directing students off campus and response to assault claims
Jenkings v Northern Territory of Australia Class action on behalf of minors held in Don Dale juvenile detention in the Northern Territory concerning their treatment and restraint
Potter v Commonwealth & G4S (Various Manus Regional Processing Centre claims) Supreme Court of Victoria Torts claims by various security personnel for injuries arising from employment at Manus RPC, PNG.
Rowe v Ausnet Electricity Services & Ors (Murrundindi Bushfires class action) (formerly Liesfield v SP Ausnet) Class action representing victims of the 2009 Victorian Black Saturday bushfires for personal injuries, dependency claims, property and economic loss and property damage. Issues concerning operation and maintenance of electricity transmission assets and failure of State parties to warn communities of the progress of the fires. Case settled for $300M.
Metropolitan Fire Brigade v City of Yarra
Supreme Court of Victoria and Court of Appeal, claim for cost of cleanup of toxic waste abandoned on former industrial land. Interpretation of recovery provisions of the EPA. Acting for plaintiff, successful at trial. Judgment upheld on appeal, application for special leave to appeal to the High Court pending, trial on quantum awaiting decision on special leave application.
Wheelahan & Ors. v City of Casey
Supreme Court of Victoria, claims exceeding $200 million for remediation costs associated with methane leaching landfill (‘Casey landfill’ case). Acting for Frankston City Council
Magill v Magill - (2006) 226 CLR 551; 231 ALR 277; 81 ALJR 254 High Court special leave application re deceit in marriage for the respondent wife.
Commercial Law
ASIC v RI Advice Civil penalty proceedings against RI Advice concerning cyber security risk management for financial services advisors and licensees
Director Consumer Affairs v Domain Register Pty Ltd December 2016 - VID 328 of 2015 Federal Court Murphy J, misleading and deceptive conduct, unsolicited domain name registration services Fair Trade Act and Australian Consumer Law
John Gdanski v Palms Court Management 2016 Victorian Supreme Court, on appeal to Court of Appeal, commercial property dispute over undisclosed easement
Huber v Chua Min Wee & Ors. 2015-16 Provision of expert reports to the High Court of Singapore instructed by TSMP Law Corporation (Singapore) concerning beneficial shareholding of tax haven companies and the operation of the Corporations Act and Bankruptcy Act upon a cross border dispute.
ASIC v Narain - 247 ALR 659; 66 ACSR 688; ASIC v Citrofresh - 245 ALR 47 - at trial, on appeal and on special leave to High Court breaches of continuous disclosure obligations and directors duties. Appeared at trial, on appeal and on special leave to High Court
Haslam v Money For Living (Admin Appointed) - 250 ALR 419; ASIC v Money For Living (Admin Apptd) (No 2) - 59 ACSR 510 - for ASIC in Federal Court, unregistered managed investment scheme involving reverse mortgage style products
ASIC v GDK Financial Solutions Pty Ltd - 236 ALR 699; 60 ACSR 447 - for ASIC in Federal Court, on appeal to Full Court and in High Court, winding up of unregistered managed investment schemes and related proceedings.
VCA v APRA - 105 ALD 236; 92 ALD 724 – for APRA at the AAT, prudential regulation of the superannuation industry regulation and breaches of directors duty
Aussie Airlines Pty Ltd v Australian Airlines Ltd - 139 ALR 663; 135 ALR 753 in Federal Court, and Full Federal Court for Aussie Airlines, third party interest in letting of airport facilities.
Sky Channel Marketing Pty Limited v Hall [2006] FCA 854; Sky Channel Marketing v Hall and Australian Jockey Club; Sky v TVN & Austar [2005] NSWSC 909 - for Thoroughvision/TVN, NSW Supreme Court and Federal Court, restrictive trade practices concerning sports broadcasting rights of thoroughbred racing in NSW and Victoria
INSOLVENCY
Timbercorp Securities Ltd - [2011] VSC 83 acting for principal secured creditor ANZ Bank instructed by Allens, advice on effect of contractual arrangements re proceedings in Victorian Supreme Court
National Safety Council of Australia (Vic Division) - [1992] 1 VR 485 acting for the liquidator John Perrins in a number of recovery proceedings in Victorian Supreme Court including claims of unfair transactions and preferences
TEAC Australia Ltd (later ACN 005 408 462) - acting for ASIC on winding up application and restraint of director by injunction in Federal Court
Estate Mortgage Managers Ltd. - acting for the new trustees Messrs Murphy and Allen in NSW Supreme Court proceedings against the auditors over representations in management reports
Pyramid Building Society Ltd (In Liq) - acting for liquidator Robert Edge in a number of recovery proceedings in Victorian Supreme Court
Administrative Law
VCA v APRA - 105 ALD 236; 92 ALD 724 – for APRA at AAT, superannuation industry regulation and breaches of duty
Kennedy v Medical Practitioners Board of Victoria - 21 VR 292 regulation of medical practitioner, on appeal from Medical Board to Supreme Court of Victoria
Weinstein v Medical Practitioners Board of Victoria - 21 VR 29 Supreme Court and Court of Appeal concerning the regulation of conduct of a medical practitioner on appeal to Vcitorian Supreme Court and apprehended bias and powers of statutory inquiry into misconduct of medical practitioner
Geelong Community For Good Life v EPA and Shell - 20 VR 338 - concerning the Corio Shell Refinery and EPA issuing of pollutant emissions licenses to Shell Refinery in Corio in the Victorian Supreme Court
Blue Wedges Inc v Minister For The Environment, Heritage And The Arts - Port Philip Dredging Case concerning the dredging of toxic metals and other contaminants and dumping in Port Philip.
Inquests have included review of practices of corrections and parole, deaths in custody; deaths in hospital; road accidents and deaths at public venues. Inquest into the death of Sarah Cafferkey
Inquest into ther death of Aunty Tanya Day. ·
Gunns v Wilderness Society & Ors (Gunns 20) Case 2010 – the ‘Gunns 20’ case Acting for defendant protesters joined to a controversial claim for compensation against Wilderness Tasmania, Bob Brown and individual protestors
AB v Registrar Of Births, Deaths And Marriages - 240 ALR 399; 97 ALD 548; 235 ALR 147; 92 ALD 570 Federal Court trial and appeal for applicant seeking birth certificate changes following sexual reassignment challenging a refusal to register change of gender
CRIMINAL LAW
Carmichael v Commonwealth Appeal of dismissal of Work Health and Safety charges against Defence upheld on appeal
DPP v Kannan, prosecuting slavery offences (use and possession of a slave, domestic exploitation) for CDPP under the Commonwealth Criminal Code
CDPP v Challis, prosecuting offences under the Corporations Law 2019-2020
CDPP v Defence, defence of charges under Work Health and Safety Act Cth 2018-2021
Local Government Inspectorate v Tsitsas, successfully defending Local Government Act offences leading to withdrawal of charges 2016-2017