Frances specialises in public law, including constitutional law and other complex public law matters. She regularly appears in constitutional cases in the High Court for plaintiffs, defendants and the Commonwealth and State Attorneys-General. Frances has acted for successful plaintiffs in a number of significant cases, including DPP (Cth) v Keating [2013] HCA 20 (about retroactive criminal laws); Brown v Tasmania [2017] HCA 43 (about the implied freedom of political communication) and Amato v Commonwealth (concerning the validity of the “Robodebt scheme”). She has strong experience in litigation under federal environment laws, especially the EPBC Act, and also more general regulatory experience. Frances has been recognised in AFR’s Best Lawyers list (litigation and constitutional law categories) since 2017

Decided cases in last two years

High Court
Garlett v Western Australia [2022] HCA 30 (about Chapter III of the Commonwealth Constitution)
Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 (about federal jurisdiction and s 109 of the Commonwealth Constitution)
Mineralogy v Western Australia [2021] HCA 30 and Palmer v Western Australia [2021] HCA 31 (challenge to Western Australian legislation raising numerous constitutional issues)

Appellate
Cotterill v Romanes [2023] VSCA 7 (challenge to Victoria’s 2020 “stay at home rules”)
AB v IBAC [2022] VSCA 283R and [2022] VSC 570 (about IBAC’s processes and procedural fairness)
Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193 (about consultation obligations in an environmental approval process)
QDQY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 82 (judicial review of non-revocation of visa cancellation)
Guruge v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 233 (judicial review of non-revocation of visa cancellation)
Bob Brown Foundation v Commonwealth [2021] FCAFC 5 (about the validity of the Tasmanian Regional Forest Agreement)
The Australian Sawmilling Company Pty Ltd (In Liquidation) v Environment Protect Authority [2021] VSCA 294 (about the liability of a liquidator for environmental clean-up costs and s 5G of the Corporations Act)

First instance
German v State Trustees Ltd [2023] VSC 7 (about federal jurisdiction, in the context of VCAT)
Asset Energy Pty Ltd v Commonwealth Minister for Resources [2023] FCA 86 (ADJR Act application)
Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority (No 2) [2022] FCA 1121 (about consultation obligations in an environmental approval process)
Woodman v IBAC [2022] VSC 684 (about IBAC’s processes and procedural fairness)
AB v IBAC [2022] VSC 570 (about IBAC’s processes and procedural fairness)
Cotterill v Romanes [2021] VSC 498 (challenge to Victoria’s 2020 “stay at home rules”)

To view the CV of Frances Gordon S.C please click here.

*Liability limited by a scheme approved under Professional Standards legislation

Areas of Practice

Cases

• Vanderstock v Victoria [2023] HCA 30