Robert is a commercial barrister and King’s Counsel who practices at trial and appellate level. With more than 30 years’ experience in commercial law and dispute resolution, Robert has a particular interest in property law including sale of land, mortgages, retail and commercial leasing, easements, valuation of land and owners’ corporation disputes. He also practices in equity and trust related matters. Robert has appeared in leading property law cases including acting for the Commonwealth of Australia and has given advice to State governments about legislation and property law matters. He also acts as a mediator.
Robert is a co-author of the leading property law texts Commercial Tenancy Law, The Mortgagee’s Power of Sale and Retail Leases Victoria. Robert is a member of the Law Institute of Victoria’s Leasing Committee and a member of the Bar Council in 2022 and the Bar’s Health and Well-being Committee in 2015, 2016 and 2022.
Before coming to the Bar, Robert was a solicitor at Arthur Robinson & Hedderwicks and a journalist with a daily newspaper.
High Court of Australia:
IMCC Group Pty Ltd v CB Cold Storage (High Court of Australia - Melbourne No. M104 of 2017) (opposing application for leave to appeal)
Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 333 ALR 384 (High Court)(retail lease dispute)
Supreme Court of Victoria - Court of Appeal:
J & H West Nominees Pty Ltd v Twenty Four Outdoor Australia Pty Ltd [2021] VSCA 337 (lease of roof space)
Laming v Jennings [2018] VSCA 335 (appeal from County Court concerning easement by prescription arising from doctrine of lost modern grant)
Advisory Services Pty Ltd v Augustin [2018] VSCA 95 (appeal from County Court concerning a real estate agent’s commission)
IMCC Group Pty Ltd v CB Cold Storage [2017] VSCA 178 (appeal concerning the meaning of “retail premises”)
Lo v Russell [2016] VSCA 323 (sale of land dispute)
Federal Court of Australia
Government of the Russian Federation v The Commonwealth of Australia (2022, Russia disputed Australia’s termination of its lease concerning its embassy site in Canberra. The case settled)
Supreme Court of Victoria:
Dardovski v Dardovski (dispute about the ownership of land - heard in 2023 but not yet determined)
Ironbridge Holdings Pty Ltd v O’Grady [2020] VSC 344 (sale of land dispute)
Richmond Football Club Inc v Verraty Pty Ltd [2019] VSC 597 (appeal from VCAT concerning whether a lease can cease to be a “retail premises lease” during the term of the lease)
CB Cold Storage v IMCC Group Pty Ltd [2017] VSC 23 (appeal from VCAT - retail lease dispute)
Higgins Nine Group Pty Ltd v Ladro Greville St Pty Ltd [2016] VSC 244 (appeal from VCAT - retail lease dispute concerning the effect of s.37 of the Retail Leases Act 2003)
Bisognin v Hera Project Pty Ltd [2016] VSC 75 (sale of land dispute)
Tan v Russell [2016] VSC 323 (sale of land dispute)
De Bruyn v Victorian Institute of Forensic Mental Health (2016) 48 VR 647(challenge to the State government’s ban on smoking)
County Court:
Twenty Four Outdoor Australia Pty Ltd v J & H West Nominees Pty Ltd [2020] VCC 1676
Meteorite Property (Bourke Street) Pty Ltd v New Concept Investment Pty Ltd [2017] VCC 119 (lease dispute)
VCAT:
128 Bourke St Pty Ltd v ESM Nominees Pty Ltd [2023] VCAT 1265 (opposing setting aside rental determination)
Southern Restaurants Pty Ltd v United Petroleum Pty Ltd [2022] VCAT 666 (retail lease dispute)
AJ Moussi Pty Ltd v Luxor Corporation Pty Ltd [2022] VCAT 434 (retail lease dispute)Izett St Pty Ltd v Applgold Pty Ltd [2022] VCAT 536 (dispute about extending the term of a lease under the Covid rent relief regulations)
Verraty v Richmond Football Club [2019] VCAT 1073 (retail lease dispute)
Versus (Aus) Pty Ltd v ANH Nominees Pty Ltd [2017] VCAT 859 (retail lease dispute)
Josephine Ung Pty Ltd v Jagjit Associates Pty Ltd [2017] VCAT 2111 (retail lease dispute)
Leonard Joel Pty Ltd v Australian Technical Approvals Pty Ltd (Building and Property) [2017] VCAT 1781 (dispute about whether a tenant had exercised an option)Luchio Nominees Pty Ltd v Epping Fresh Food Market Pty Ltd (Building and Property) [2016] VCAT 937 (dispute about the meaning of a Ministerial Determination made under the Retail Leases Act 2003)
CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2016] VCAT 1866 (retail lease dispute)Small Business Commissioner reference for advisory opinion [2015] VCAT 478 (opinion by President of VCAT about s.52 of the Retail Leases Act 2003)
Books:
Robert is a co-author of: