Previous Occupation: Commercial litigation solicitor – Molomby & Molomby (now K&L Gates).
Stewart has practiced as a barrister for over 30 years.
Since signing the Bar Roll in 1987 he has developed an extensive practice in commercial law appearing in many cases at trial and on appeal in State Supreme Courts and the Federal Court of Australia. He provides advice to commercial clients on matters including Corporations Law, Banking & Finance, Property, Contracts, Equity and Trusts. Stewart also acts for insurers in relation to directors and officers liability claims.
Stewart practices in each State and Territory of Australia.
Between 2013 and 2016 he appeared in the Supreme Court of Victoria and Federal Court - Western Australia Registry for Apache Corporation, a US oil and gas producer sued by the Oswals for in excess of AUS$2 billion.
Stewart has also appeared in many Class Actions, including acting for Merck Sharp & Dohme in the Vioxx Class Action (2011-2012) and Eli Lilly in the Permax Class Action (2012-2013). In 2000 he appeared in the Supreme Court of Victoria in the Longford gas class action.
Between 2006 and 2008 Stewart appeared in the Supreme Court of Victoria in the substantial commercial dispute involving the drug Relenza between Biota Holdings Ltd and Glaxo Group Ltd.
He has also appeared in the Tricontinental (1990-91), Longford Gas (1998-99) and Bushfires (2011) Royal Commissions.
Stewart is a certified Arbitrator and is a fellow of the Australian Institute for Commercial Arbitration.
Some of the recent cases he has appeared in are:
Re Premier Bay Pty Ltd  VSC 168
Contract - property development agreement - specific enforcement - rectification.
Negligence - breach of retainer - breach of duty of care - landowner seeking damages against solicitors and accountant.
Apache Finance Pty Ltd v Quadrant Energy Pty Ltd  WASC 68
Contract - proper construction - sale and purchase agreement - tax indemnity.
Words and phrases - "in connection with" - whether capable of apply to something not yet in existence.
AHRKalimpa Pty Ltd v Alan Schmidt (No. 2)  VSC 68
Plaintiffs substantially successful at liability trial seeking release of security for costs. Quantum issues yet to be heard and determined.
Mark Brunner v Donkey Wheel Ltd  VSC 634
Validating orders. Corporations Law (Cth) s1322. Whether error made in validating order on basis that no substantial injustice.
AHRKalimpa Pty Ltd v Alan Schmidt & Anor  VSC 701
Joint venture. Nature of agreement. Duties arising from negotiations and transactions. Directors' duties. Fiduciary duties.
Radhika Oswal v ANZ Banking Group, Apache Corporation & Ors  VSC 134
Strike-out application brought shortly before trial.
Radhika Oswal v ANZ Banking Group, Apache Corporation & Ors  VSC 119
Security for costs. Broad brush approach.
Yarra Pilbara Fertilisers Pty Ltd v Oswal  FCA 49
Transfer proceeding under Jurisdiction of Courts (Cross-Vesting) Act 1987. Whether commonality or diversity of issues.
Oswals matters - Pre-trial discovery and privilege applications  VSC 386
Veall v Veall  VSCA 60
Testamentary capacity. Test - whether circumstances arousing suspicion. Elderly testator with cognitive impairment. Change of bequests from previous wills.
Pankaj Oswal v Carson & Ors  VSC 209
Strike-out pleading. Disclose no reasonable cause of action.
Veall & Anor v Veall  VSC 38
Elderly testator. Whether lack of testamentary capacity. Change of Will. Rational reason for altering Will. Whether testator knew of contents of Will.
Pankaj Oswal v Apache Corporation  FCA 642
Application for stay pending determination of another proceeding. Public interest consideration. Possibility for conflicting determinations.
Pankaj Oswal v Apache Corporation  FCA 129
Discovery issues. Stay.
Sutherland v Jatkar  FCA 532
Meaning of “provable debt”; whether claim for contribution under s. 23B of the Wrongs Act 1958 (Vic) a provable debt. Whether claim a contingent debt or liability. Whether claim a demand in the nature of unliquidated damages arising otherwise than by reason of contract, promise or breach of trust. Whether claim within the exclusive jurisdiction of the Federal Court.
SeaRoad Logistics v Patrick Stevedores  VSC 170
Dispute between tenant and sub-tenant. Whether rent review clause from Head-Lease incorporated into Sub-Lease. Validity of rent review procedure undertaken. Whether sub-tenant a monthly tenant or a tenant in equity for further term.
Labelmakers Group Pty Ltd v LL Force Pty Ltd (No. 4)  FCA 1224
Breach of fiduciary duty, contractual and statutory obligations. Election made for equitable compensation. Whether costs to be assessed on an indemnity basis.
Labelmakers Group Pty Ltd v LL Force Pty Ltd (No. 2)  FCA 1059
Equity. Remedies of damages or equitable compensation. Alternative: account of profits, equitable lien, injunctive relief, delivery up. Election to be made as to whether equitable compensation or account of profits.
International CAT Manufacturing Pty Ltd (in liq) v Rodrick & Ors  QCA 372
Corporations – Charges, debentures and other borrowings. Validity of charge.
BA & BB v Sutherland  VSC 336
Jurisdiction of States in bankruptcy. Application for stay of contribution proceedings under Part IV of the Wrongs Act 1958. Whether contribution claims contingent liabilities under s. 82(1) of the Bankruptcy Act 1966 (Cth).
Strategic Property Reservoir Pty Ltd v Condec Pty Ltd  VSC 634
Variation of contract; wrongful termination; fiduciary duties between joint venturers; breach of fiduciary duties; diversion of business and estoppel by convention and equitable estoppel.
500 Burwood Highway Pty Ltd v Australian Unity Limited  VSC 596
Invalidate expert determination for lack of impartiality and actual bias.
Labelmakers Group Pty Ltd v LL Force Pty Ltd  FCA 512
Breach of confidence, breach of fiduciary duties, breach of Corporations Act and breach of express and implied terms of service contract.
Marriner v Australian Super Developments Pty Ltd  VSCA 171
Joint venture dispute involving directors duties, fiduciary duties and breach of trust.
Deutsch v Deutsch  VSC 227
Derivative claim by potential beneficiaries against defaulting trustee.
Tziporah Deutsch v Pearl Rodkin  VSC 450
Conspiracy. Whether dominant purpose of agreement was to injure plaintiff. Compensatory damages awarded. Whether conspiracy involved deliberate disregard for the plaintiff’s rights. Exemplary damages awarded.
Dalkeith Resources Pty Ltd v Regis Resources Limited  VSC 288
Service contract dispute involving termination, and removal of director under the Corporations Act.
Wheelahan v City of Casey  VSC 215
Class action for negligence with respect to the construction and operation of a landfill site.
Australian Super Developments Pty Ltd v Marriner  VSC 66
Joint Venture. Breach of directors' duties. Breach of fiduciary duties. Estoppel. Misleading and deceptive conduct.
David Walker & Anor v Newmont Australia Ltd  FCA 298
Jurisdiction to serve subpoena. Sabre orders.
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