Elizabeth Brumby

Bar Roll: 2021 Admitted: 2019
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Elizabeth practises primarily in commercial law and public law.

Before coming to the Bar, Elizabeth was a senior associate to the Hon Justice Nettle AC and subsequently an associate to the Hon Justice Gordon AC at the High Court of Australia. She was also a solicitor in commercial litigation at Herbert Smith Freehills, working across a range of areas including regulatory and financial services law, general commercial disputes, class actions and royal commissions. Elizabeth also has government experience, having worked in the Office of General Counsel at the Victorian Department of Premier and Cabinet and at the United States Congress.

Elizabeth holds a Master of Law (First Class) from the University of Cambridge, where she studied as a Supreme Court of Victoria Trinity Hall Scholar, and a Juris Doctor (First Class Honours) from the University of Melbourne. She also holds a Bachelor of Commerce and a Bachelor of Arts from the University of Melbourne and has lectured in Torts in the JD program at Melbourne Law School.

Elizabeth read with Caryn van Proctor and her senior mentor is Alistair Pound SC.

Recent matters in which Elizabeth has been briefed include:

General commercial law, class actions and regulatory

LK Law Pty Ltd v Karas (Federal Court of Australia, ongoing): for the respondent, instructed by Arnold Bloch Leibler, led by John Sheahan QC and Philip Crutchfield QC, with Geoffrey Kozminsky

• Fordham v Commonwealth Bank of Australia (Federal Court of Australia, ongoing): for the plaintiffs, instructed by Slater & Gordon, led by Oren Bigos QC, with Georgie Coleman

• Crawford v ANZ (Supreme Court of Victoria, ongoing): for ANZ, instructed by Herbert Smith Freehills, led by Michael Rush QC

• Jabiru Satellite Ltd v Societe Generale & Ors (Supreme Court of Victoria, resolved): for Deutsche Bank, instructed by Herbert Smith Freehills, led by Charles Parkinson SC, unled on indemnity costs application

• McSweeney v Bendigo and Adelaide Bank (Supreme Court of Victoria, resolved): for Bendigo and Adelaide Bank, led by Caryn van Proctor

 Constitutional, administrative and other public law

Hume City Council v Minister for Planning [2022] VSC 187 (Supreme Court of Victoria): administrative law, for the Council, led by David Batt QC

• WorkSafe Victoria v Danbol (Supreme Court of Victoria, decision reserved): application for summary dismissal on administrative and constitutional law grounds, for WorkSafe, led by Elizabeth Bennett SC, with Adam Purton

• Wilson v State of Victoria & Anor (Federal Court of Australia, ongoing): constitutional and administrative law, for the Commonwealth, led by Christopher Tran

• Animals Australia v Secretary, Department of Land, Water, Environment and Planning (Supreme Court of Victoria, resolved): administrative law, led by Nick Wood SC, with Angel Aleksov

• Proceedings in the Federal Court of Australia and the Federal Circuit and Family Court of Australia under the Migration Act 1958 (Cth) raising issues of administrative and constitutional law, both led and unled

• Regularly briefed to advise on a range of public law issues for the State of Victoria led by Liam Brown, Crown Counsel for the State of Victoria

Industrial relations, employment and anti-discrimination law

Kelly v CFMMEU (Full Court of the Federal Court of Australia, decision reserved): for the applicant, instructed by Slater & Gordon, led by Herman Borenstein QC, with Yasser Bakri

• Proceedings in VCAT under the Equal Opportunity Act for the employee (ongoing), instructed by Maurice Blackburn, unled

 

*Liability limited by a scheme approved under Professional Standards Legislation

Arbitration Mediation & AdrBanking & FinanceBanking, Finance & InsolvencyClass ActionsCommercialCompetitionConflict of LawsConstitutional LawConstructionCorporate & CommercialCorporationsDefamation & Media LawDisciplinary ProceedingsDiscrimination/Equal OpportunityElectoral LawEmployment and Industrial RelationsEquity & TrustsFOI/PrivacyFraud, White Collar Crime and CorruptionHuman RightsInquestsInternational ArbitrationJudicial ReviewMerits ReviewMigrationMining and ResourcesProduct LiabilityProfessional NegligenceProperty, Planning, Environment & ResourcesPublic International LawPublic LawPublic LawRegulatoryRoyal Commissions/Government InquiriesTaxation & SuperannuationTaxes – FederalTaxes – StateTrade Practices/Consumer Protection
  • ‘The Effect of Treaty Withdrawal on Implementing Legislation’ (2019) 47(3) Federal Law Review 390 (shortlisted for the 2020 Zines Prize for Excellence in Legal Research)
  • ‘Parent Company Liability in the Extractive Industries: A New Frontier for Business and Human Rights’ (2018) 36 Company and Securities Law Journal 185
  • ‘UK Supreme Court Finds “Crown Act of State” Doctrine Bars Certain International Claims’ (Case Note), Human Rights Law Centre (online), 17 January 2017
  • ‘Council’s Decision to Refuse Permit to Preach in Public Mall was Beyond Power’ (Case Note), Human Rights Law Centre (online), 18 August 2016

QUALIFICATIONS

LLM (Cambridge), JD, BCom, BA (Melb)

Elizabeth Brumby

Bar Roll: 2021 Admitted: 2019
print vcard

Profile

Elizabeth practises primarily in commercial law and public law.

Before coming to the Bar, Elizabeth was a senior associate to the Hon Justice Nettle AC and subsequently an associate to the Hon Justice Gordon AC at the High Court of Australia. She was also a solicitor in commercial litigation at Herbert Smith Freehills, working across a range of areas including regulatory and financial services law, general commercial disputes, class actions and royal commissions. Elizabeth also has government experience, having worked in the Office of General Counsel at the Victorian Department of Premier and Cabinet and at the United States Congress.

Elizabeth holds a Master of Law (First Class) from the University of Cambridge, where she studied as a Supreme Court of Victoria Trinity Hall Scholar, and a Juris Doctor (First Class Honours) from the University of Melbourne. She also holds a Bachelor of Commerce and a Bachelor of Arts from the University of Melbourne and has lectured in Torts in the JD program at Melbourne Law School.

Elizabeth read with Caryn van Proctor and her senior mentor is Alistair Pound SC.

Recent matters in which Elizabeth has been briefed include:

General commercial law, class actions and regulatory

LK Law Pty Ltd v Karas (Federal Court of Australia, ongoing): for the respondent, instructed by Arnold Bloch Leibler, led by John Sheahan QC and Philip Crutchfield QC, with Geoffrey Kozminsky

• Fordham v Commonwealth Bank of Australia (Federal Court of Australia, ongoing): for the plaintiffs, instructed by Slater & Gordon, led by Oren Bigos QC, with Georgie Coleman

• Crawford v ANZ (Supreme Court of Victoria, ongoing): for ANZ, instructed by Herbert Smith Freehills, led by Michael Rush QC

• Jabiru Satellite Ltd v Societe Generale & Ors (Supreme Court of Victoria, resolved): for Deutsche Bank, instructed by Herbert Smith Freehills, led by Charles Parkinson SC, unled on indemnity costs application

• McSweeney v Bendigo and Adelaide Bank (Supreme Court of Victoria, resolved): for Bendigo and Adelaide Bank, led by Caryn van Proctor

 Constitutional, administrative and other public law

Hume City Council v Minister for Planning [2022] VSC 187 (Supreme Court of Victoria): administrative law, for the Council, led by David Batt QC

• WorkSafe Victoria v Danbol (Supreme Court of Victoria, decision reserved): application for summary dismissal on administrative and constitutional law grounds, for WorkSafe, led by Elizabeth Bennett SC, with Adam Purton

• Wilson v State of Victoria & Anor (Federal Court of Australia, ongoing): constitutional and administrative law, for the Commonwealth, led by Christopher Tran

• Animals Australia v Secretary, Department of Land, Water, Environment and Planning (Supreme Court of Victoria, resolved): administrative law, led by Nick Wood SC, with Angel Aleksov

• Proceedings in the Federal Court of Australia and the Federal Circuit and Family Court of Australia under the Migration Act 1958 (Cth) raising issues of administrative and constitutional law, both led and unled

• Regularly briefed to advise on a range of public law issues for the State of Victoria led by Liam Brown, Crown Counsel for the State of Victoria

Industrial relations, employment and anti-discrimination law

Kelly v CFMMEU (Full Court of the Federal Court of Australia, decision reserved): for the applicant, instructed by Slater & Gordon, led by Herman Borenstein QC, with Yasser Bakri

• Proceedings in VCAT under the Equal Opportunity Act for the employee (ongoing), instructed by Maurice Blackburn, unled

 

*Liability limited by a scheme approved under Professional Standards Legislation

Areas of Practice

Arbitration Mediation & AdrBanking & FinanceBanking, Finance & InsolvencyClass ActionsCommercialCompetitionConflict of LawsConstitutional LawConstructionCorporate & CommercialCorporationsDefamation & Media LawDisciplinary ProceedingsDiscrimination/Equal OpportunityElectoral LawEmployment and Industrial RelationsEquity & TrustsFOI/PrivacyFraud, White Collar Crime and CorruptionHuman RightsInquestsInternational ArbitrationJudicial ReviewMerits ReviewMigrationMining and ResourcesProduct LiabilityProfessional NegligenceProperty, Planning, Environment & ResourcesPublic International LawPublic LawPublic LawRegulatoryRoyal Commissions/Government InquiriesTaxation & SuperannuationTaxes – FederalTaxes – StateTrade Practices/Consumer Protection

Publication

  • ‘The Effect of Treaty Withdrawal on Implementing Legislation’ (2019) 47(3) Federal Law Review 390 (shortlisted for the 2020 Zines Prize for Excellence in Legal Research)
  • ‘Parent Company Liability in the Extractive Industries: A New Frontier for Business and Human Rights’ (2018) 36 Company and Securities Law Journal 185
  • ‘UK Supreme Court Finds “Crown Act of State” Doctrine Bars Certain International Claims’ (Case Note), Human Rights Law Centre (online), 17 January 2017
  • ‘Council’s Decision to Refuse Permit to Preach in Public Mall was Beyond Power’ (Case Note), Human Rights Law Centre (online), 18 August 2016

Qualifications & Memberships

QUALIFICATIONS

LLM (Cambridge), JD, BCom, BA (Melb)