Caroline Dawes

Her key experience includes complex contractual disputes, franchising, trade practices and consumer law and property disputes across a range of industries. Caroline also practices in defamation law, with experience advising and appearing for parties at a range of levels and stages of defamation disputes.

Before coming to the bar, Caroline gained experience as a litigator as an Associate at both MinterEllison and HWL Ebsworth Lawyers. In that capacity, she ran matters in all Victorian courts, the Federal Court and the Victorian Civil and Administrative Tribunal, acted at mediations, undertook significant pleading and advice work and appeared in each of those jurisdictions.

Caroline has been working in commercial litigation since January 2008. Prior to being at HWL Ebsworth and MinterEllison, she was the Associate to His Honour Judge Anderson, Judge in Charge of the County Court’s Commercial List for nearly 5 years (2008 to 2012).

Between November 2012 and March 2013, Caroline was interned to Judge Khalida Rachid Khan of the Appeals Chamber of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia in The Hague, Netherlands.

Caroline read with Renee Enbom KC. Her senior mentor is Wendy Harris KC.

Cases

Commercial & Property

• Australian and Pacific Investment Company Pty Ltd v Austpac Properties (Trial, dispute in relation to sale of property subject to Hotel Management Agreement) (led by Oren Bigos KC) (Resolved)
• Coonwarra Pty Ltd v CornoNero Pty Ltd & Ors; GJB Building Pty Ltd v Al & PB Property Pty Ltd & Ors (Trial, dispute in relation to sale and commercial development of land, 12-week trial, multi-party dispute, Supreme Court) (led)
• Mochizuki v AFS Investment Holdings Pty Ltd (Defence of claim for breach of contract, misleading or deceptive conduct, investment and property development dispute) (County Court) (unled)
• Vidyaratne v TraderVidz Investments Pty Ltd (Oppression proceeding, dispute between directors and shareholders of cryptocurrency, investment and trading education start-up, value of business, Supreme Court) (unled) (Resolved)
  Scott v Equatorial Launch Australia Pty Ltd (Federal Court) (Employment and commercial dispute between directors of aerospace industry start-up)
• NL Investment Group Pty Ltd v Parc Vue Project Botanic Pty Ltd (Successful security for costs application, preparation of pleadings, dispute in respect of investment in property development project) (led by Kathleen Foley SC)
• Caskey v Mullanger & Ors (Misrepresentation claim regarding boat purchase, Magistrates’ Court) (unled) (Resolved)
  Rostron v Wilson & Ors (Adverse possession claim, Fences Act dispute, Magistrates’ Court) (unled)
• EFM Logistics Services Group Pty Ltd v Oxford Shop Pty Ltd (Contract dispute relating to supply of freight management services) (unled) (Resolved)
• Brady Queen Pty Ltd v 280 Queen Street Pty Ltd (Property development dispute, referral of valuation question to special referee, disputed regarding adoption of special referee’s report, injunction in relation to directors’ duties, oppression claims, damages claim and counterclaim, Supreme Court) (led)
• Jafari v 23 Developments Pty Ltd [2019] VSCA 2001 (Appeal, property development dispute, successful defence of leave application, Court of Appeal) (led)
• Building Services Western Victoria Pty Ltd v Owners Corporation PS 507524P (Trial, successful claim against owners corporation for interference and delay in respect of property development, VCAT) (led)
• E2GD Pty Ltd v Waste Wise Environmental Pty Ltd County Court) (Defence of claim in debt, quantum merit and restitution) (unled) (Resolved)
• PHN Group Pty Ltd v GHF Pty Ltd & Anor (Dispute between franchisor, franchisee and landlord in relation to Retail Leases Act 2003 property, VCAT) (unled)
• O’Grady v Stamatakos (Sale of business dispute against vendor and broker, claim for return of deposit, contract dispute, Magistrates’ Court) (unled) (Resolved)
• Advising franchisees of global communications company in respect of dispute with franchisor.
  Advising in respect of disputes between franchisees and franchisors, including preparation of Notices of Dispute under Franchising Code of Conduct.
• Advising and preparing pleadings in relation to dispute over sale of land, constructive trusts, specific performance, adverse possession, caveat removal.
• Advising in respect of directors’ duties and shareholder disputes, including oppression claims.
• Advising in respect of directors’ penalty regime under Taxation Administration Act 1953.

Defamation

• Ouda & Ors v Hunter & Commonwealth (No 2) [2023] VSC 384 (4 July 2023) (Interlocutory application regarding order of jury trial) (led)
• Ouda & Ors v Hunter & Commonwealth Jury trial, acting for defendants, led) (July 2023)
• Ouda & Ors v Hunter & Commonwealth (Appeal, acting for respondents, led)
• Advising and appearing at mediation for high profile writer defending defamation claims (unled) (Resolved)
• Construct Homes Pty Ltd & Anor v Acquino (Acting for plaintiff, County Court) (unled) (Resolved)
• Russell v Hughes (Defence of defamation claim, Federal Court) (unled) (Resolved)
• Advising defendants in respect of pleadings dispute involving approximately 80 alleged imputations; truth, contextual truth, honest opinion defences; Hore-Lacy imputations.
• Advising prospective defamation plaintiffs & defendants.

Injunction

• Australian and Pacific Investment Company Pty Ltd v Austpac Properties (Interim injunction application, dispute in relation to sale of property subject to Hotel Management Agreement, Supreme Court) (led and unled appearances)
• Southern Cross Recycling Pty Ltd v Glew & Ors (Successful defence of injunction application, alleged infringement of copyright, misleading or deceptive conduct, passing off, breach of contract, County Court) (led)
• Dream Clean (Aust) Pty Ltd v Netrade Pty Ltd and Viva Energy Australia Pty Ltd (Successful defence of urgent injunction application, VCAT) (unled)
• 12 Apostles Hot Springs Pty Ltd v Salmon & Anor (Urgent injunction application, sale of property, Supreme Court) (led by Peter Bick KC) (Resolved)
• Scopelliti v Fifo Farms Pty Ltd (Urgent injunction application, sale of property, Supreme Court) (Resolved) (unled)
  Advising in respect of need for and prospect of injunction applications, drawing pleadings and urgent applications.

Security for costs

• Jafari v 23 Developments Pty Ltd [2019] VSCA 2001 (Successful security for costs of appeal, Court of Appeal) (led)
• NL Investment Group Pty Ltd v Parc Vue Project Botanic Pty Ltd (Successful security for costs application, Federal Court) (led by Kathleen Foley SC)
• Advising in respect of prospects of security for costs applications.

Royal Commission & Inquiries

• Royal Commission into the Management of Police Informants, appearing for Victoria Police and individual members, led by Saul Holt KC and Renee Enbom KC (March 2019 to November 2020) (Advising in respect of public interest immunity, liaising and negotiating with counsel and solicitors assisting the Commission in respect of public interest immunity, preparation of submissions in respect of public interest immunity, preparation of witness statements, acting for and appearing for individual police witnesses, preparation for and appearing for cross-examination of Ms Nicola Gobbo)
• Royal Commission into the Casino Operator and Licence (Crown) (2021) (including advising in respect of ATO secrecy regime) (Acting for Crown Casino)
• Royal Commission to inquire into and report on the affairs of the Crown Casino Perth and related matters (2021) (Acting for Crown Casino)
• Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018) (Acting for superannuation companies)

*Liability limited by a scheme approved under Professional Standards legislation