Zoe practises in public, commercial and common law.
In 2019 – 2020, Zoe was one of the counsel assisting the Royal Commission into Aged Care Quality and Safety. Other matters in which she has been briefed include:
Public Law
• Amato v Commonwealth of Australia; Masterton v Commonwealth of Australia – for Commonwealth, challenge to validity of debts raised under the Social Security Act 1991 (Cth), led by Nicholas Owens SC.
• Downer Utilities Australia Pty Ltd v Commissioner of the Anti-Dumping Commission [2019] FCA 1190 – for applicant, judicial review of decisions under Customs Act 1901 (Cth), led by Chris Horan QC.
• Re Parry & Re Lambie [2018] HCA 6; (2018) 263 CLR 601 – Senate references to the court of disputed returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth), led by Stephen Donaghue QC, Solicitor-General for the Commonwealth with Brendan Lim.
• Re Kakoschke-Moore [2018] HCA 10 – Senate reference to the court of disputed returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth), led by Stephen Donaghue QC, Solicitor-General for the Commonwealth with Mark Costello and Julia Watson.
• Chen v Commissioner of the Australian Federal Police [2017] FCA 1558 – for the Commissioner, application for preliminary discovery of search warrant affidavits, unled.
• Comptroller General of Customs v Sulo MGB Australia Pty Ltd [2017] FCA 315 – for Comptroller-General, appeal on a question of law from a tariff classification decision of the AAT, unled.
• Solu Pty Ltd v Comptroller-General of Customs (NSD 20 of 2016) – for respondent, appeal on a question of law from the AAT in relation to a tariff classification decision, led by Stephen Lloyd SC.
• Internet Marketing Solutions Corp v Environment Protection Authority – for EPA, interim injunction, led by Peter Gray QC.
• Austube Mills Pty Ltd v Comptroller-General of Customs (VID 210 of 2016) – for Comptroller-General, application for declarations and mandamus to compel collection of dumping duties, led by Stephen Donaghue QC.
• Amoena Australia Pty Ltd v CEO of Customs [2016] AATA 357 – for respondent, review by the AAT of a tariff classification decision, unled.
• Comptroller-General of Customs v Vestas – Australian Wind Technology Pty Ltd [2015] FCAFC 185; (2015) 236 FCR 499 – for applicant, appeal regarding the operation of Part XVA of the Customs Act 1901, led by Stephen Donaghue QC. Special leave refused: Vestas-Australian Wind Technology Pty Ltd v Comptroller-General of Customs [2016] HCASL 85.)
• GM Holden Limited v Commissioner of the Anti-Dumping Commission [2014] FCA 708; (2014) 225 FCR 222 – for respondents, judicial review of a decision under Part XVB of the Customs Act 1901, led by Peter Gray SC.
• Various matters for the Repatriation Commission: Wall v Repatriation Commission [2019] FCA 1838; Bailey v Repatriation Commission [2019] FCA 1840; Hunt v Repatriation Commission [2017] AATA 697; Iliopoulos v Repatriation Commission [2016] FCA 756; Woodall and Repatriation Commission [2015] AATA 163; Repatriation Commission v Woodall [2015] FCA 1267; Richmond v Repatriation Commission [2015] AATA 647; Repatriation Commission v Richmond [2014] FCAFC 124.
• Re AWB Ltd (No 6) [2009] VSC 330 – for ASIC, application by AWB for access to transcripts of s 19 examinations for purpose of reviewing for legal professional privilege, led by Norman O’Bryan SC. Special leave from the Court of Appeal granted: AWB Limited v Australian Securities & Investments Commission & Anor [2009] HCATrans 331. Appeal to the High Court resolved prior to hearing, led in the High Court by Stephen Gageler SC, Solicitor-General for the Commonwealth and Peter Hanks QC.
• AWB Ltd v ASIC [2008] FCA 1877 – for ASIC, challenge to information sharing powers, led by Stephen McLeish SC.
Common Law
• Sharma & Ors v Minister for the Environment – for Minister, novel duty of care in relation to performance of Minister’s functions under Environment Protection and Biodiversity Conservation Act 1999 (Cth), led by Stephen Free SC.
• Prygodicz & Ors v Commonwealth of Australia – for Commonwealth, ‘Robodebt’ class action, led by Michael Hodge QC, with Mark Costello, Nic Bentley and Claire Roberts.
Commercial Law
• ASIC v Dixon Advisory and Superannuation Services Ltd – for ASIC, civil penalty proceeding, ongoing.
• ASIC v Forex Capital Trading Pty Ltd & Anor – for ASIC, civil penalty proceeding, ongoing.
• Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA; (2018) 265 CLR 1 – for appellant, knowing assistance in breach of fiduciary duty, remedies, account of profits.
• ASIC v Aviation 3030 Pty Ltd [2019] FCA 377 – for ASIC, winding up unregistered managed investment scheme.
• ASIC v Gem Management Group Pty Ltd (VID 759/2017) – for ASIC, winding up unregistered managed investment scheme.
• Guy v Crown Melbourne Limited (No 2) [2018] FCA 36 – for applicant, misleading or deceptive conduct and unconscionable conduct in relation to “pokie” machines.
• ASIC v Planet Platinum Ltd (Prov Liq Apptd) [2015] VSC 682 – for ASIC, winding up on the just and equitable ground. Provisional liquidator appointed: ASIC v Planet Platinum Limited [2015] VSC 273. Declaration that the appointment of administrator was invalid: ASIC v Planet Platinum Ltd (in liq) [2016] VSC 120.
• Matthews v SPI & Ors – for the Department of Sustainability and Environment in the class action relating to the Black Saturday bushfires.
• Specialist Diagnostic Services Pty Ltd v Healthscope Ltd & Ors [2012] VSCA 175; (2012) 41 VR 1 and [2010] VSC 443
*Liability limited by a scheme approved under Professional Standards legislation
B.A. LL.B (Hons)
Zoe practises in public, commercial and common law.
In 2019 – 2020, Zoe was one of the counsel assisting the Royal Commission into Aged Care Quality and Safety. Other matters in which she has been briefed include:
Public Law
• Amato v Commonwealth of Australia; Masterton v Commonwealth of Australia – for Commonwealth, challenge to validity of debts raised under the Social Security Act 1991 (Cth), led by Nicholas Owens SC.
• Downer Utilities Australia Pty Ltd v Commissioner of the Anti-Dumping Commission [2019] FCA 1190 – for applicant, judicial review of decisions under Customs Act 1901 (Cth), led by Chris Horan QC.
• Re Parry & Re Lambie [2018] HCA 6; (2018) 263 CLR 601 – Senate references to the court of disputed returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth), led by Stephen Donaghue QC, Solicitor-General for the Commonwealth with Brendan Lim.
• Re Kakoschke-Moore [2018] HCA 10 – Senate reference to the court of disputed returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth), led by Stephen Donaghue QC, Solicitor-General for the Commonwealth with Mark Costello and Julia Watson.
• Chen v Commissioner of the Australian Federal Police [2017] FCA 1558 – for the Commissioner, application for preliminary discovery of search warrant affidavits, unled.
• Comptroller General of Customs v Sulo MGB Australia Pty Ltd [2017] FCA 315 – for Comptroller-General, appeal on a question of law from a tariff classification decision of the AAT, unled.
• Solu Pty Ltd v Comptroller-General of Customs (NSD 20 of 2016) – for respondent, appeal on a question of law from the AAT in relation to a tariff classification decision, led by Stephen Lloyd SC.
• Internet Marketing Solutions Corp v Environment Protection Authority – for EPA, interim injunction, led by Peter Gray QC.
• Austube Mills Pty Ltd v Comptroller-General of Customs (VID 210 of 2016) – for Comptroller-General, application for declarations and mandamus to compel collection of dumping duties, led by Stephen Donaghue QC.
• Amoena Australia Pty Ltd v CEO of Customs [2016] AATA 357 – for respondent, review by the AAT of a tariff classification decision, unled.
• Comptroller-General of Customs v Vestas – Australian Wind Technology Pty Ltd [2015] FCAFC 185; (2015) 236 FCR 499 – for applicant, appeal regarding the operation of Part XVA of the Customs Act 1901, led by Stephen Donaghue QC. Special leave refused: Vestas-Australian Wind Technology Pty Ltd v Comptroller-General of Customs [2016] HCASL 85.)
• GM Holden Limited v Commissioner of the Anti-Dumping Commission [2014] FCA 708; (2014) 225 FCR 222 – for respondents, judicial review of a decision under Part XVB of the Customs Act 1901, led by Peter Gray SC.
• Various matters for the Repatriation Commission: Wall v Repatriation Commission [2019] FCA 1838; Bailey v Repatriation Commission [2019] FCA 1840; Hunt v Repatriation Commission [2017] AATA 697; Iliopoulos v Repatriation Commission [2016] FCA 756; Woodall and Repatriation Commission [2015] AATA 163; Repatriation Commission v Woodall [2015] FCA 1267; Richmond v Repatriation Commission [2015] AATA 647; Repatriation Commission v Richmond [2014] FCAFC 124.
• Re AWB Ltd (No 6) [2009] VSC 330 – for ASIC, application by AWB for access to transcripts of s 19 examinations for purpose of reviewing for legal professional privilege, led by Norman O’Bryan SC. Special leave from the Court of Appeal granted: AWB Limited v Australian Securities & Investments Commission & Anor [2009] HCATrans 331. Appeal to the High Court resolved prior to hearing, led in the High Court by Stephen Gageler SC, Solicitor-General for the Commonwealth and Peter Hanks QC.
• AWB Ltd v ASIC [2008] FCA 1877 – for ASIC, challenge to information sharing powers, led by Stephen McLeish SC.
Common Law
• Sharma & Ors v Minister for the Environment – for Minister, novel duty of care in relation to performance of Minister’s functions under Environment Protection and Biodiversity Conservation Act 1999 (Cth), led by Stephen Free SC.
• Prygodicz & Ors v Commonwealth of Australia – for Commonwealth, ‘Robodebt’ class action, led by Michael Hodge QC, with Mark Costello, Nic Bentley and Claire Roberts.
Commercial Law
• ASIC v Dixon Advisory and Superannuation Services Ltd – for ASIC, civil penalty proceeding, ongoing.
• ASIC v Forex Capital Trading Pty Ltd & Anor – for ASIC, civil penalty proceeding, ongoing.
• Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA; (2018) 265 CLR 1 – for appellant, knowing assistance in breach of fiduciary duty, remedies, account of profits.
• ASIC v Aviation 3030 Pty Ltd [2019] FCA 377 – for ASIC, winding up unregistered managed investment scheme.
• ASIC v Gem Management Group Pty Ltd (VID 759/2017) – for ASIC, winding up unregistered managed investment scheme.
• Guy v Crown Melbourne Limited (No 2) [2018] FCA 36 – for applicant, misleading or deceptive conduct and unconscionable conduct in relation to “pokie” machines.
• ASIC v Planet Platinum Ltd (Prov Liq Apptd) [2015] VSC 682 – for ASIC, winding up on the just and equitable ground. Provisional liquidator appointed: ASIC v Planet Platinum Limited [2015] VSC 273. Declaration that the appointment of administrator was invalid: ASIC v Planet Platinum Ltd (in liq) [2016] VSC 120.
• Matthews v SPI & Ors – for the Department of Sustainability and Environment in the class action relating to the Black Saturday bushfires.
• Specialist Diagnostic Services Pty Ltd v Healthscope Ltd & Ors [2012] VSCA 175; (2012) 41 VR 1 and [2010] VSC 443
*Liability limited by a scheme approved under Professional Standards legislation
B.A. LL.B (Hons)