Alexander Di Stefano

Bar Roll: 2020 Admitted: 2018
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Alexander practises in commercial law, with an emphasis on class actions, regulatory litigation and financial services law, corporations and insolvency, and contracts disputes.

Alexander assists Justice Middleton of the Federal Court of Australia to deliver the Melbourne Law School Masters subject “Civil Regulatory Litigation”.

Prior to coming to the Bar, Alexander was a Research Fellow (Hon) and Sessional Lecturer at Melbourne Law School. He taught in the Juris Doctor programme in the Obligations, Contracts and Property courses. He was also Associate to the Hon Justice Anastassiou KC in the Federal Court of Australia and a lawyer in the disputes team at Arnold Bloch Leibler.

Alexander has acted for and against many of Australia’s major corporations and statutory entities, including banks, Regulators, accounting firms, and other listed entities, in the Federal and Supreme Courts.  He has acted in all stages of litigation, from pre-litigation investigations to interlocutory applications, trials and appeals.  He also has experience in public law and judicial reviews.

Alexander holds a Master of Law from the University of Cambridge and a Juris Doctor and Bachelor of Commerce (Economics) from the University of Melbourne.

Alexander read with Mark Costello KC and his senior mentor is Wendy Harris KC.

Recent matters include the following:

Class actions
Fordham v CBA (Federal Court of Australia VID387/2020) – class action concerning insurance products for plaintiffs – led by Oren Bigos KC and Fleur Shand
Reilly v ANZ (Federal Court of Australia VID133/2020) – class action concerning insurance products for plaintiffs – led by Oren Bigos KC and Georgie Coleman
AHG WA (2015) v Mercedes-Benz Australia/Pacific (Federal Court of Australia VID604/2021) – class action – for Deloitte in response to subpoenas – unled

Regulatory litigation and inquiries
Nottingham v Australian Financial Complaints Authority [2023] FCA 58 – appeal from decision of AFCA – unled for AFCA
• Independent review of The Star Pty Ltd – inquiry into the conduct of the Star – for a former NAB Executive examinee – unled
ASIC v MLC (Federal Court of Australia VID681/2021) – regulatory enforcement proceeding for ASIC – led by Chris Archibald KC and Mark Costello
Edser v QSuper Board [2021] FCA 1437 – appeal from decision of Australian Financial Complaints Authority (AFCA) – unled for AFCA
• Briefed by a major financial services company responding to notices from the Australian Securities and Investments Commission – led by Jim Peters KC

Liquidations and disputes with liquidators  
Tonks v Fishwick (Federal Court of Australia NSD 1568/2019) – breach of directors’ duties claim by liquidator, for respondent – unled
Daimleigh Capital v CVS Lane Capital Partners (Supreme Court of Victoria S CI 2016 02456) – breach of contract, unconscionability – led by Phil Corbett KC
Pentridge Village Pty Ltd v Capital Finance Australia (Supreme Court of Victoria S CI 2016 02456) – equity, unconscionability – led by Jim Peters AM KC
Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Federal Court of Australia VID 1277 of 2017) – insolvency related proceedings – led by Peter Fary SC
Eltrax Pty Ltd (in liq) v Martin Cicerale Group Holdings Pty Ltd (Supreme Court of Victoria S ECI 2021 00526) – breach of contract, conversion – unled

Commercial disputes and oppression
Fortrend Securities Pty Ltd v Wollermann [2023] FCA 70 – application for preservation of property and evidence orders, injunctions and restraints, confidential information – successfully obtained interlocutory relief – led by Tim North KC
• Sunshine International Australia v Sun(Supreme Court of Victoria S ECI 2020 01725 and 01658) – oppression, breach of contract – unled
Australian Cardiology Services Pty Ltd v Rudd (Supreme Court of Victoria S ECI 2020 03703) – joint venture, breach of contract, breach of confidence, misleading and deceptive conduct – led by Marc Felman KC
Jayfield Pty Ltd v John McLennan (Supreme Court of Victoria S ECI 2021 01541) – breach of contract – unled
In the Matter of Grandridge Brewing Company Pty Ltd (Supreme Court of Victoria S ECI 2020 04485) – oppression proceeding – unled
VICT v CFMMEU (Supreme Court of Victoria S CI 2017 04871) – tort claim for unlawful picket – led by Stuart Wood AM KC, Robyn Sweet, and others
• Advising on prospects of an appeal from a decision of the Supreme Court of Victoria – statutory interpretation, insolvency – led by Wendy Harris KC

*Liability limited by a scheme approved under Professional Standards legislation

Banking, Finance & InsolvencyClass ActionsCommercialConstructionCorporationsEquity & TrustsFOI/PrivacyFranchise LawFraud, White Collar Crime and CorruptionInquestsInsolvencyJudicial ReviewLeasesMerits ReviewMigrationMining and ResourcesPropertyProperty, Planning, Environment & ResourcesPublic LawPublic LawRoyal Commissions/Government InquiriesSuperannuationTaxation & SuperannuationTrade Practices/Consumer Protection

• “When being related is not enough: Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198″. To view the case note please click here

• “Good Faith in the AS11000: Has the Eagle Landed?” (2017) 33 BCL 13 (ALJI)

• “Right to Privacy: Messaging your friends at work? You may be watched”

QUALIFICATIONS

Bcom (Economics) and JD (Melb), LLM (Cantab)

Alexander Di Stefano

Bar Roll: 2020 Admitted: 2018
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Profile

Alexander practises in commercial law, with an emphasis on class actions, regulatory litigation and financial services law, corporations and insolvency, and contracts disputes.

Alexander assists Justice Middleton of the Federal Court of Australia to deliver the Melbourne Law School Masters subject “Civil Regulatory Litigation”.

Prior to coming to the Bar, Alexander was a Research Fellow (Hon) and Sessional Lecturer at Melbourne Law School. He taught in the Juris Doctor programme in the Obligations, Contracts and Property courses. He was also Associate to the Hon Justice Anastassiou KC in the Federal Court of Australia and a lawyer in the disputes team at Arnold Bloch Leibler.

Alexander has acted for and against many of Australia’s major corporations and statutory entities, including banks, Regulators, accounting firms, and other listed entities, in the Federal and Supreme Courts.  He has acted in all stages of litigation, from pre-litigation investigations to interlocutory applications, trials and appeals.  He also has experience in public law and judicial reviews.

Alexander holds a Master of Law from the University of Cambridge and a Juris Doctor and Bachelor of Commerce (Economics) from the University of Melbourne.

Alexander read with Mark Costello KC and his senior mentor is Wendy Harris KC.

Recent matters include the following:

Class actions
Fordham v CBA (Federal Court of Australia VID387/2020) – class action concerning insurance products for plaintiffs – led by Oren Bigos KC and Fleur Shand
Reilly v ANZ (Federal Court of Australia VID133/2020) – class action concerning insurance products for plaintiffs – led by Oren Bigos KC and Georgie Coleman
AHG WA (2015) v Mercedes-Benz Australia/Pacific (Federal Court of Australia VID604/2021) – class action – for Deloitte in response to subpoenas – unled

Regulatory litigation and inquiries
Nottingham v Australian Financial Complaints Authority [2023] FCA 58 – appeal from decision of AFCA – unled for AFCA
• Independent review of The Star Pty Ltd – inquiry into the conduct of the Star – for a former NAB Executive examinee – unled
ASIC v MLC (Federal Court of Australia VID681/2021) – regulatory enforcement proceeding for ASIC – led by Chris Archibald KC and Mark Costello
Edser v QSuper Board [2021] FCA 1437 – appeal from decision of Australian Financial Complaints Authority (AFCA) – unled for AFCA
• Briefed by a major financial services company responding to notices from the Australian Securities and Investments Commission – led by Jim Peters KC

Liquidations and disputes with liquidators  
Tonks v Fishwick (Federal Court of Australia NSD 1568/2019) – breach of directors’ duties claim by liquidator, for respondent – unled
Daimleigh Capital v CVS Lane Capital Partners (Supreme Court of Victoria S CI 2016 02456) – breach of contract, unconscionability – led by Phil Corbett KC
Pentridge Village Pty Ltd v Capital Finance Australia (Supreme Court of Victoria S CI 2016 02456) – equity, unconscionability – led by Jim Peters AM KC
Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Federal Court of Australia VID 1277 of 2017) – insolvency related proceedings – led by Peter Fary SC
Eltrax Pty Ltd (in liq) v Martin Cicerale Group Holdings Pty Ltd (Supreme Court of Victoria S ECI 2021 00526) – breach of contract, conversion – unled

Commercial disputes and oppression
Fortrend Securities Pty Ltd v Wollermann [2023] FCA 70 – application for preservation of property and evidence orders, injunctions and restraints, confidential information – successfully obtained interlocutory relief – led by Tim North KC
• Sunshine International Australia v Sun(Supreme Court of Victoria S ECI 2020 01725 and 01658) – oppression, breach of contract – unled
Australian Cardiology Services Pty Ltd v Rudd (Supreme Court of Victoria S ECI 2020 03703) – joint venture, breach of contract, breach of confidence, misleading and deceptive conduct – led by Marc Felman KC
Jayfield Pty Ltd v John McLennan (Supreme Court of Victoria S ECI 2021 01541) – breach of contract – unled
In the Matter of Grandridge Brewing Company Pty Ltd (Supreme Court of Victoria S ECI 2020 04485) – oppression proceeding – unled
VICT v CFMMEU (Supreme Court of Victoria S CI 2017 04871) – tort claim for unlawful picket – led by Stuart Wood AM KC, Robyn Sweet, and others
• Advising on prospects of an appeal from a decision of the Supreme Court of Victoria – statutory interpretation, insolvency – led by Wendy Harris KC

*Liability limited by a scheme approved under Professional Standards legislation

Areas of Practice

Banking, Finance & InsolvencyClass ActionsCommercialConstructionCorporationsEquity & TrustsFOI/PrivacyFranchise LawFraud, White Collar Crime and CorruptionInquestsInsolvencyJudicial ReviewLeasesMerits ReviewMigrationMining and ResourcesPropertyProperty, Planning, Environment & ResourcesPublic LawPublic LawRoyal Commissions/Government InquiriesSuperannuationTaxation & SuperannuationTrade Practices/Consumer Protection

Publication

• “When being related is not enough: Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198″. To view the case note please click here

• “Good Faith in the AS11000: Has the Eagle Landed?” (2017) 33 BCL 13 (ALJI)

• “Right to Privacy: Messaging your friends at work? You may be watched”

Qualifications & Memberships

QUALIFICATIONS

Bcom (Economics) and JD (Melb), LLM (Cantab)