Cases

Acted for respondent council in appeal to the Court of Appeal – practice and procedure – interest – statutory interest pursuant to s 58 Supreme Court Act 1986 (Vic) – whether compensation a ‘debt or sum certain’ that is ‘recovered’ in a proceeding.

Acted for first defendant company in proceeding in the Federal Court of Australia; led by Phillip Crutchfield QC – application by ASIC to wind up solvent companies on the just and equitable ground – s 461(1)(k) Corporations Act 2001 (Cth) – application to wind up managed investment scheme under s…

Acted for the defendants in proceeding in the Federal Court of Australia; led by Allan Myers QC and Dr Ian Hardingham QC – trusts – whether express trust over shares of Cormack Foundation Pty Ltd in favour of Liberal Party of Victoria (Victorian Division) – whether express trust can be…

Acted for defendant, unled, and on appeal: Nicholson Street Pty Ltd v Lane [2017] VSCA 271 (led by M Connock QC (now Connock J)) – practice and procedure – application to amend statement of claim – adequacy of pleading accessorial liability under the second limb of Barnes v Addy –…

Acted for respondent; led by N Hopkins QC – trade and commerce – consumer law – penalties -unconscionability – contraventions of s 21 Australian Consumer Law and s 51AB Trade Practices Act 1974 (Cth) – relevant factors in determining appropriate penalty.

Acted for respondent; led by J Elliott QC (now Elliott J) and on appeal: ACCC v Lux Distributors Pty Ltd [2013] FCAFC 90 and Lux Distributors Pty Ltd v ACCC [2014] HCASL 55 (12 March 2014) (led by N Hopkins QC) – trade and commerce – consumer law – unconscionability…

Acted for defendant, unled – practice and procedure – personal injury claim in respect of a motor vehicle accident in Fiji – application for a stay on grounds that Victoria is a clearly inappropriate forum – relevance of limited insurance coverage of second and third defendants.

Acted for respondent; led by R Garratt QC – appeal – leave – test – courts and judges – alleged apprehended bias – recusal application – test – ss 7, 8, 23, 47, 48 Civil Procedure Act 2010 (Vic).

Acted for plaintiff; led by J Elliott QC (now Elliott J) – contract – construction of shareholders’ agreement in joint venture company – whether appointment of voluntary administrator constituted a “change in ultimate control” triggering pre-emptive rights pursuant to deemed offer notice – whether notices valid – whether consent to…

Acted for respondent, unled – trade practices – restrictive trade practices -contraventions of ss 45(2)(a)(i) and (ii) and 45(2)(b)(i) and (ii) of the Trade Practices Act 1974 (Cth) and the Victorian Competition Code – respondents connected with supply of unshucked abalone – price-fixing – exclusionary provision – respondents admitted alleged…

Acted for plaintiff trustee, unled – trusts – trustee’s fees and expenses – priority – new trustee appointed to realise and distribute trust funds at the instance of the beneficiaries and former trustee – claim by new trustee for payment of fees and expenses out of the realised fund in…

Acted for plaintiff vendors, unled- estate agents – contract – construction of agent’s authority – entitlement of agent to separate commissions in respect of successive sales of the same property – second sale not covered by the terms of the agent’s written authority – continuing authority expressed to arise if…

Acted for plaintiff, unled – administrative law – obligation to give reasons – s 8 Administrative Law Act 1978 (Vic) – whether Victoria Legal Aid obliged to comply with the bias rule of natural justice in making decision – whether obliged to give reasons under the Act – whether provision…

Acted for plaintiff; led by R Garratt QC – contract – contractual rights – assignment – trademarks sublicence – benefits of – requirements for valid assignment – personal contract – no consent to assignment – benefits not assignable – implied term of good faith and fair dealing.

Acted for AFL as plaintiff in proceeding in the Supreme Court of Victoria; led by G Clarke QC) – confidential information – medical records – injunction.

Acted for respondent in proceeding in the Federal Court of Australia (NSW Registry); led by R Garratt QC – trade practices – supermarket advertisements – “lowest price guarantee” – allegations of misleading or deceptive conduct – ss 52, 53(e) Trade Practices Act 1974 (Cth).

Acted for first defendant company in proceeding in the Federal Court of Australia; led by Fiona McLeod SC; acted from September 2020 to December 2021) – AFSL holder and financial services licensee – cyber-security incidents – alleged contraventions of s 912A(1) Corporations Act 2001 (Cth).

Acted for respondent telecommunications company in proceeding in VCAT – contracts – master services agreement – supply of bandwidth – breaches – debt.

Acted for ACA in expert determination process – contracts – memorandum of understanding – proper construction – calculation of revenue

Acted for plaintiff caveator in proceeding in the County Court of Victoria, unled – property – caveat – proceeding commenced to substantiate claim in land the subject of the caveat – contract – loan agreement – equitable charge – tenants in common – s 89A Transfer of Land Act 1958…

Acted for defendant trustees in proceeding in the Supreme Court of Victoria; led by M Connock QC (now Connock J) – contract – joint venture agreement – management agreement – sale of joint venture development land – allegations of breach of contract for sale of land at undervalue – allegations…