Peter Fox was admitted to practice in Victoria in 1975 and signed the Roll of Counsel in 1996. Before then he was a partner in an Australian law firm, a consultant to the United Nations, a senior counsel with the World Bank and Professor, International Monetary and Investment Law, Georgetown University, Washington D.C. His practice covers all areas, with a focus on corporate, constitutional and international law, mining, tax and banking and finance matters, and commercial and governmental disputes.
Cases:
Peter has a large advisory practice and is an experienced trial counsel. He has acted in many significant cases as sole counsel or with leading senior counsel. Examples include:
State taxes:
Australand Investments v Commissioner of State Revenue [2008] VCAT 2267 (land rich duty review);
Harry One Pty Ltd v Commissioner of State Revenue [2007] VSCA 73; 66 ATR 257 (leave to appeal to Court of Appeal from interlocutory orders);
Trust Company of Australia v Commissioner of State Revenue (2006) 15 VR 1 (Duties Act appeal);
AMP Life v Commissioner of State Revenue (2003) 10 VR 489 (stamp duty appeal);
Australian Rice Holdings Pty Ltd v Commissioner of State Revenue [2001] VSC 486; 48 ATR498 (on appeal, (2004) 55 ATR 82) (stamp duty appeal);
Commissioner of State Revenue v Pattison (2001) 3 VR 520 (stamp duty appeal);
McKinnon Wallace Holdings v Commissioner of State Revenue [1999] 1 VR 397 (stamp duty appeal – Court of Appeal);
General Motors-Holden's Automotive [1998] 4 VR 197 (financial institutions duty – Court of Appeal).
Injunctions:
Maritime Union of Australia v Patrick Stevedores No 1 (1998) 77 FCR 456 and related actions (injunctions; corporations; administration; industrial dispute);
Bradto Pty Ltd v State of Victoria; Tymbook v State of Victoria (Palais Theatre & Palace Entertainment Complex) [2006] VSCA 89; (2006) 15 VR 65 (interlocutory injunctions - governing principles);
Commercial/equity, corporations, banking, mining, insolvency:
Emanuel Management v Foster’s Group [2003] QSC 205 (2003) 178 FLR 1 (insolvency);
Tresize litigation v National Australia Bank [2006] FCA 150; [2005] FCA 150; [2005] FCA 1095, [1998] FCA 1225) (banking);
Treasury Corporation v Victorian Bullion Securities [1998] VSC 127 (Gold loan transaction - construction of agreement - misleading and deceptive conduct of packager - whether agent); (on appeal, Treasury Corporation of Victoria v Victorian Bullion Securities Pty Ltd [2001] VSCA 21);
Victorian Grain Services Limited (2000) 35 ASCR 198; [2000] VSC 334 (scheme approval);
Re Alinta Limited (FCA - NSD 1134/2007) (for an acquiring party) (scheme approval);
Zinc Corp v Pasminco [2005] VSC 62 (deed of company arrangement – set off - summary dismissal; strike out);
Capricorn Diamonds v Catto (2002) 5 VR 61 (compulsory acquisition of shares);
Host-Plus v Australian Hotels Association [2003] VSC 145 (oppression, minority shareholders, deadlocked company, just & equitable winding up);
Cathedral Place v Hyatt [2003] VSC 385 (lessee consent not unreasonably withheld);
Foster’s Group v Stockland Corp (VSC 2048/2005) (construction summons - expert determination – stay refused);
Arnot v Hill-Douglas [2006] NSWSC 429 (specific performance);
Law Institute of Victoria v Maric [2008] VSCA 46 (appeal);
Beston Park v Sexton [2008] VSC 392 (preliminary discovery);
Numerous winding up, company reinstatement and interlocutory applications, as well as directions hearings;
Trade Practices – Competition and Tariff Reviews.
GasNet (2004) ATPR 41-978 (2003) (gas pipeline tariff review) (ACompT);VFF Chicken Meat Growers (2006) 28 ATPR 42-120 (boycott authorisation) (ACompT.);
Retail tenancies – Crown land – Government contracts:
Bradto Pty Ltd v State of Victoria; Palais de Danse Pty Ltd v State of Victoria [2007] VSC 106 (from [2006] VCAT 2299) (grant of possession of Palais de Danse Nightclub to State of Victoria);
Tymbook Pty Ltd v State of Victoria [2007] VSC 140 (from[2006] VCAT 2298) (grant of possession of Palais Theatre to State of Victoria);
Bradto Pty Ltd v State of Victoria; Palais de Danse Pty Ltd v State of Victoria [2007] VSCA 100 (Palace Entertainment Complex - appeal denied);
State of Victoria v Bradto (Palace Entertainment Complex)(Retail Tenancies) [2005] VCAT 2512; 23 VAR 475 (bias);
State of Victoria v Tymbook (Retail Tenancies) [2008] VCAT 965 (retail tenancy - fixtures).
Peter also acts in corporations, equity and interlocutory applications whether in specialized lists or in the Practice Court.
MEDIATION: Peter Fox has acted in numerous significant cases which settled at mediation or before trial, including disputes concerning the constitutionality of Commonwealth interim excise and customs duties on beer; the privatization of public health services; a long running land compensation case involving the compulsory acquisition of private school land, and various disputes arising out of government and corporate financings, company adminstrations and company liquidations.
TEACHING: Peter is a part time Senior Fellow in the Melbourne Law School where he teaches Project Finance in the Master of Laws Program.