Helen Tiplady

She has particular experience in contractual disputes, class actions, insurance and professional negligence, and trade practices matters. Helen has also appeared in both international and domestic commercial arbitrations, particularly in the construction and resources sectors.

In addition to her commercial practice, Helen has extensive experience in Royal Commissions and Inquiries, appearing led and unled in numerous State and Commonwealth Royal Commissions, on behalf of the Victorian State Government and the Department of Justice and Community Safety.

Helen is also a member of the Western Australian Bar, and practised in Perth between 2015- 2018.

Helen volunteers on a regular basis with the Duty Lawyer Service at the Family Violence Court run at Heidelberg Magistrates’ Court (coordinated by the Fitzroy Legal Service).

Recent matters include:

Royal Commissions and Inquiries

• Yoorrook Justice Commission (2002-ongoing) – briefed on behalf of the Victorian State Government – led by Richard Knowles KC, Peter Gray KC, Georgina Coghlan KC and Dan Star KC.
• Royal Commission into Defence and Veteran Suicide (2022-ongoing) – briefed on behalf of the Victorian State Government – unled.
• Royal Commission into the Casino Operator and Licence (2021) – briefed on behalf of the Victorian State Government – led by Peter Gray KC.
• Royal Commission into National Natural Disaster Arrangements (2020) – on behalf of the Victorian State Government – led by Richard Attiwill QC.
• Royal Commission into Victoria’s Mental Health System (2019-2020) – briefed on behalf of the Victorian State Government – led by Claire Harris KC.
• COVID-19 Hotel Quarantine Inquiry (2020) – briefed on behalf of the Department of Justice and Community Safety – led by Dr Kris Hanscombe KC.
• Inspector-General for Emergency Management Inquiry into the 2019-2020 Victorian Fire Season (2020) – briefed on behalf of the Victorian Department for Environment, Land, Water and Planning – unled.

Litigation (party represented is underlined)

• Tham v Australian Capital Territory (ongoing) – briefed by the ACT to represent Canberra Hospital in defending class actions brought for payment of unrostered overtime (unled).
• ASMOF & Bolton v Peninsula Health (and related proceedings) (reserved) – briefed by the Victorian Department of Health to represent various health services in defending class actions brought for payment of unrostered overtime – led by Frank Parry KC with Natalie Campbell.
• Dreamstreet Lending Pty Ltd v Financepath(a partnership)(2022) FCA (reserved) – inducing breach of contract, breach of restraint of trade, copyright infringement (unled).
• Dreamstreet Lending Pty Ltd v Financepath(a partnership) [2022] FCA 1179 – security for costs(unled).
• Commissioner for Taxation v PWC [2022] FCA 278 – briefed as amicus curiae in relation to privilege matters – led by David Batt KC with Julia Nikolic.
• Cargill Australia Limited v Viterra Malt Pty Ltd [2022] VSC 13 – misleading and deceptive conduct, breach of contract, negligent misrepresentation, deceit – led by Paul Anastassiou QC and Lisa Nichols QC.
• Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCA 172; [2021] FCAFC 86- stay of arbitration pursuant to International Arbitration Act, franchising – led by Jonathon Moore KC.
• Lochard Energy (Iona Operations Holding) Pty Ltd v EnergyAustralia Investments Pty Ltd (settled 2021) – misleading and deceptive conduct, breach of warranties – led by Neil Young KC and Matt Collins KC.
• ACCC v TEG Live (settled 2020) – misleading and deceptive conduct alleged in connection with promotion of basketball games involving the US Basketball Team – led by Catherine Button QC.
• Mineralogy Pty Ltd v CITIC Limited (2018) WASC (various) – breach of mining right agreements, claims under guarantees and indemnities – led by Charles Scerri QC.
• The Bell Litigation – (2016-2018) WASC (various) – acting for The Law Debenture Trust Corporation plc – distribution of settlement proceeds – led by Kanaga Dharmananda SC.
• Sandini Pty Ltd v Commissioner of Taxation [2017] FCA 287 – capital gains tax, availability of roll over relief – led by John Vaughan SC.
• Denmark Community Windfarm Ltd v Commissioner of Taxation [2017] FCA 478 – taxation of a Commonwealth grant (unled).
• ACCC v Aveling Homes Pty Ltd (2017) FCA – misleading and deceptive conduct in connection with online review websites – led by Matt Howard SC.
• Newstart 123 Pty Ltd v Billabong International Ltd (2016) (matter settled) – securities class action – led by Charles Scerri QC.
• Timbercorp Finance Pty Ltd v Collins & Ors [2016] VSC 776; [2017] VSC 65 – managed investment scheme, recovery of scheme loans – led by David Batt KC.

Arbitration

• UNCITRAL Arbitration re base pricing provision of coal mining contract (Singapore) – contract pricing review – led by Alan Archibald KC and David Batt KC.
• UNCITRAL Arbitration re operating issues arising pursuant to coal mining contract (Singapore) – led by David Batt KC.
• UNCITRAL Arbitration re construction of gas pipeline (Perth) – led by Brahma Dharmananda SC.
• Arbitration under IAMA Rules re quantification of adjustment payment under construction contract (Perth) – led by Chris Zelestis SC and Marcus Solomon SC.

*Liability limited by a scheme approved under Professional Standards legislation