Division of Bar Roll:
Victorian Practising Counsel
Previous Occupation:
Senior Solicitor, Solicitor
Accepts briefs from in-house counsel Profile:
Abilene practices in commercial litigation and criminal matters for defence and prosecution. Abilene has a particular focus on property law (including the Retail Leases Act 2003 (Vic)) and a specialty in proceeds of crime matters (Proceeds of Crime Act 2002 (Cth) and Confiscation Act 1997 (Vic)).
A selection of recent cases include:
Proceeds of crime
- Saad & Ors v Commissioner of the AFP [2022] HCATrans 71 - special leave application concerning the application of the hearsay rule in restraining order applications unders the Proceeds of Crime Act 2002 (Cth) (led by P Solomon KC and C Juebner)
- Mai v Commissioner of the AFP [2021] HCATrans 220 – costs argument (led by T Gyorffy QC)
- Commissioner of the AFP v Mai (Ruling No 1) [2021] VCC 2054 – examination orders application under the Proceeds of Crime Act 2002 (Cth) (led by T Gyorffy QC)
- Saad v Commissioner of the AFP [2021] VSCA 246 – appeal against refusal of revocation of restraining orders under the Proceeds of Crime Act 2002 (Cth) (led by P Solomon QC & C Juebner)
- Proudfoot v DPP [2020] VSCA 138 - appeal against Confiscation Act (Vic) restraining order on Kable grounds (led by E Ruddle)
- Chen v DPP [2019] VCC 1545 – Confiscation Act 1997 (Vic) trial (unled).
Civil
- Re Monument; Monument v Monument [2022] VSC 205 - successful trial in application for testator's family maintenance (unled)
- Le & Anor v Spicer & Anor [2021] VCC 1858 – summary judgment and stay of proceeding application (unled)
- MSA Renex Corp Pty Ltd v Create Environment [2021] VSCA 178 – successful opposition of appeal against refusal to set aside statutory demand under the Corporations Act 2001 (Cth) (led by C Northrop)
Criminal
- CDPP v T Nguyen (Vina Money matter) - 3-day committal on behalf of accused charged with alleged offences under the Competition & Consumer Act 2010 (Cth), cartel conduct provisions (unled)
- DPP v Tomkins [2022] VCC 648 - plea on behalf of accused with a non-conviction outcome
- DPP v Fatho & Ors – complex plea hearing involving multiple co-accused
- DPP v McCabe – criminal trial (led by Jim Shaw) – sentencing reasons published.
Prior to coming to the Bar, Abilene practised in commercial litigation for a number of years, and was then a Senior Solicitor at the OPP in its Proceeds of Crime Directorate.
Abilene read with Elizabeth Ruddle KC.
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk
have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.