Counsel Assisting the Commonwealth Solicitor-General; Senior Lawyer, AGS; Principal Solicitor, ASRC.
Profile:
Melinda practises in public and commercial law.
Before coming to the Bar, Melinda was Counsel Assisting the Solicitor-General of the Commonwealth, Dr Stephen Donaghue KC. She was previously a Senior Lawyer at the Australian Government Solicitor where she practised primarily in administrative law, native title and constitutional law. Prior to that, Melinda worked in human rights and refugee law in the not-for-profit sector. Melinda has also taught administrative law and constitutional law at Monash University.
Melinda read with Frances Gordon KC and her senior mentor is Rowena Orr KC.
Some of Melinda’s recent cases are listed below:
High Court
Hornsby Shire Council v Commonwealth [2023] HCA 19: Constitutional law – terms and conditions attaching to grants – taxation on State property – led by Stephen Donaghue KC, Solicitor-General for the Commonwealth, Graeme Hill SC and Anna Lord
Plaintiff M54 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCATrans 109: Migration law – procedural fairness – led by Patrick Knowles SC
QYFM v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCASL 94: Migration law – special leave – led by Alexander Solomon-Bridge
Federal Court
Friends of the Gelorup Corridor v Minister for the Environment and Water [2023] FCAFC 139: Environmental law – Environment Protection and Biodiversity Conservation Act 1999 (Cth) – offsets and precautionary principle – led by Emrys Nekvapil SC
Australian Electoral Commission v Craig Kelly [2023] FCA 854: Electoral law – implied freedom of political communication – led by Zelie Heger
Brett Cattle Company v Minister for Agriculture, Fisheries & Forestry (Federal Court, ongoing): Class action – misfeasance in public office – led by Fiona McLeod SC and Stephanie Patterson
Save the Children Australia v Minister for Home Affairs [2023] FCA 1343: Habeas corpus – control and custody – led by Craig Lenehan SC, Christopher Tran and Kylie McInnes
Ho v Minister for Health [2024] FCA 657: Administrative law – National Health Act 1953 (Cth) – unled
English v Commonwealth (Federal Court, ongoing): Discrimination law – non-alien within the meaning of s 51(xix) – led by Christopher Tran
Supreme Court
Benbrika v Attorney-General of the Commonwealth [2024] VSC 265: Application for extended supervision order – led by Peter Hanks KC, Sarah Zeleznikow and Shawn Rajanayagam
Soo v Victoria Legal Aid [2023] VSCA 330: Leave to appeal – abuse of process – damages – led by Liam Brown SC, Crown Counsel for Victoria
Harkness v Banks (Supreme Court, ongoing): Constitutional and administrative law – review of prosecution discretion – led by Frances Gordon KC and Shawn Rajanayagam, as amici curaie
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