Notable Cases
FEDERAL COURT OF AUSTRALIA
- Burge v Commonwealth Bank of Australia (No 3) [2017] FCA 383 (13 April 2017)
- Stuart v Rabobank Australia Ltd [2017] FCA 284 (20 March 2017)
- Culleton v Balwyn Nominees Pty Ltd [2017] FCAFC 8 (3 February 2017)
- Burge v Commonwealth Bank of Australia [2016] FCA 1159 (22 September 2016)
- Civil Aviation Safety Authority v Alligator Airways Pty Limited (No 3) [2012] FCA 601 (8 June 2012)
- Civil Aviation Safety Authority v Alligator Airways Pty Limited (No 3) [2012] FCA 601 (8 June 2012)
- Civil Aviation Safety Authority v Alligator Airways Pty Limited (No 1) [2012] FCA 574 (18 May 2012)
- Civil Aviation Safety Authority v Alligator Airways Pty Limited (No 1) [2012] FCA 574 (18 May 2012)
- Christidis v Civil Aviation Safety Authority [2006] FCA 615 (25 May 2006)
- Christidis v Civil Aviation Safety Authority [2006] FCA 615 (25 May 2006)
- Jarrama Pty Ltd v Caltex [2004] FCA 10 (12 January 2004)
- Jarrama Pty Ltd v Caltex [2004] FCA 10 (12 January 2004)
- Australian Steel Company (Operations) Pty Ltd (ACN 069426 955) v Steel Foundations Limited (ACN 064 933 599) [2003] FCA 1584 (11 December 2003)
- Australian Steel Company (Operations) Pty Ltd (ACN 069426 955) v Steel Foundations Limited (ACN 064 933 599) [2003] FCA 1584 (11 December 2003)
- Australian Steel Company (Operations) Pty Ltd v Steel Foundations Ltd & Anor [2003] FCA 374 (29 April 2003)
- Australian Steel Company (Operations) Pty Ltd v Steel Foundations Ltd & Anor [2003] FCA 374 (29 April 2003)
- Allen John Wilson and Another v Hollywood Toys (Australia) Pty Limited and Others [1996] FCA 1296 (7 March 1996)
- Allen John Wilson and Another v Hollywood Toys (Australia) Pty Limited and Others [1996] FCA 1296 (7 March 1996)
SUPREME COURT OF VICTORIA
- Houlahan & Ors v Trentham Investment Management Pty Ltd & Anor (No 2) [2016] VSC 445 (28 July 2016)
- Houlahan & Ors v Trentham Investment Management Pty Ltd & Anor (No 2) [2016] VSC 445 (28 July 2016)
- Houlahan & Ors v Trentham Investment Management Pty Ltd & Anor [2016] VSC 240 (12 May 2016)
- Houlahan & Ors v Trentham Investment Management Pty Ltd & Anor [2016] VSC 240 (12-May-16)
- The Queen v Witt (No 2) [2016] VSC 142 (11 April 2016)
- The Queen v Witt (No 2) [2016] VSC 142 (11 April 2016)
- The Queen v Witt [2016] VSC 19 (1 February 2016)
- The Queen v Witt [2016] VSC 19 (1 February 2016)
- Eyckens & Anor v Davey & Anor (Ruling) [2012] VCC 1254 (12 September 2012)
- Warner v Global Pacific Aerospace Pty Ltd & Anor [2012] VSC 291 (19 June 2012)
- Warner v Global Pacific Aerospace Pty Ltd & Anor [2012] VSC 291 (19 June 2012)
- Evans v Advertising Department Pty Ltd [2009] VSC 587 (2 December 2009)
- Evans v Advertising Department Pty Ltd [2009] VSC 587 (2 December 2009)
- Kousal v Adkins [2006] VSC 405 (27 October 2006)
- Kousal v Adkins [2006] VSC 405 (27 October 2006)
- Kousal v Adkins & Anor [2005] VSCA 327 (22 December 2005)
- Kousal v Adkins & Anor [2005] VSCA 327 (22 December 2005)
- Tankard v Chafer [2005] VSC 171 (20 May 2005)
- Tankard v Chafer [2005] VSC 171 (20 May 2005)
- Plain v Howard; Howard v Plain [2004] VSC 539 (22 December 2004)
- Plain v Howard; Howard v Plain [2004] VSC 540 (28 October 2004)
- Plain v Howard; Howard v Plain [2004] VSC 540 (28 October 2004)
- Chafer v Tankard [2004] VSC 326 (24 August 2004)
- Chafer v Tankard [2004] VSC 326 (24 August 2004)
- Plain v Howard [2004] VSC 240 (2 July 2004)
- Plain v Howard [2004] VSC 240 (2 July 2004)
- Talston Pty Ltd v Daisley [2004] VSC 23 (23 January 2004)
- Talston Pty Ltd v Daisley [2004] VSC 23 (23 January 2004)
- Holden Ltd v Avantek Corporation Pty Ltd [2002] VSC 373 (23 August 2002)
- Holden Ltd v Avantek Corporation Pty Ltd [2002] VSC 373 (23 August 2002)
- Holden Ltd v Avantek Corporation Pty Ltd [2002] VSC 372 (15 August 2002)
- Holden Ltd v Avantek Corporation Pty Ltd [2002] VSC 372 (15 August 2002)
- Bendigo Bank Ltd v Demaria [2001] VSC 218 (21 June 2001)
- Bendigo Bank Ltd v Demaria [2001] VSC 218 (21 June 2001)
- Bookben Pty Ltd v Diena Developments Pty Ltd [2001] VSC 159 (25 May 2001)
- Bookben Pty Ltd v Diena Developments Pty Ltd [2001] VSC 159 (25 May 2001)
- Commonwealth Bank of Australia v Tailings Treatment Pty Ltd [2000] VSC 502 (30 November 2000)
- Commonwealth Bank of Australia v Tailings Treatment Pty Ltd [2000] VSC 502 (30 November 2000)
- Bayne v Karaliamis [2000] VSC 160 (2 May 2000)
- Bayne v Karaliamis [2000] VSC 160 (2 May 2000)
- Rokeba Nominees Pty Ltd v Mag Auto Spares Pty Ltd [2000] VSC 74 (14 March 2000)
- Guilfoyle Pty Ltd v The National Mutual Association of Australasia Ltd [2000] VSCA 25 (24 February 2000)
- Commonwealth Bank of Australia v Anderson [1999] VSC 512 (16 December 1999)
- Commonwealth Bank of Australia v Anderson [1999] VSC 512 (16 December 1999)
- Commonwealth Bank of Australia v 222 Russell Street [15 November 199] VSC 472 [1999] VSC 566 (15 November 1999)
- Commonwealth Bank of Australia v 222 Russell Street [15 November 199] VSC 472 [1999] VSC 566 (15 November 1999)
- Solodchenko v Booth [1999] VSC 332 (2 September 1999)
- Solodchenko v Booth [1999] VSC 332 (2 September 1999)
SUPREME COURT OF NSW
- Australian Beverage Distributors Pty Ltd v The Redrock Co Pty Ltd [2007] NSWSC 966 (31 August 2007)
- Australian Beverage Distributors Pty Ltd v The Redrock Co Pty Ltd [2007] NSWSC 966 (31 August 2007)
- Wholesome Bake P/L v Sweetoz P/L [2001] NSWSC 248 (5 April 2001)
FEDERAL CIRCUIT COURT OF AUSTRALIA
- Fair Work Ombudsman v NSW Motel Management Services Pty Ltd & Ors [2017] FCCA 416 (10 March 2017)
- Houlahan & Ors v Nicholls [2016] FCCA 2354 (7 September 2016)
COUNTY COURT OF VICTORIA
- ImageBuild Group Pty Ltd v. Cidec Pty Ltd & Ors CI-17-02147 (16 May 2017) [2017] VCC 615 (23 May 2017)
- Eyckens & Anor v Davey & Anor (Ruling) [2012] VCC 1254 (12 September 2012)
- Jayathunaga & Anor v Caedmon [2012] VCC 1209 (21 August 2012)
- McNichol Pty Ltd v R.F Heritage Pty Ltd & Ors [2010] VCC 1429 (21 October 2010)
- McNichol Pty Ltd v R.F Heritage Pty Ltd & Ors [2010] VCC 1429 (21 October 2010)
- Thompson & Thompson v Harle [2008] VCC 1506 (17 October 2008)
- Thompson & Thompson v Harle [2008] VCC 1506 (17 October 2008)
VCAT
- Noordenne Constructions Pty Ltd v Hobsons Bay CC [2015] VCAT 1983 (23 December 2015)
- Chiropractic Board of Australia v Hooper (Occupational and Business Regulation) [2011] VCAT 2400 (19 December 2011)
- Chiropractic Board of Australia v Hooper (Occupational and Business Regulation) [2011] VCAT 641 (13 April 2011)
- Stonnington v Michael Maas enf order (1998/03695) [1999] VICCAT 86 (31 January 1999)
- Stonnington v Michael Maas enf order (1998/03695) [1999] VICCAT 86 (31 January 1999)
- Stonnington v Michael Maas enf order [1998] VCAT 150 (20 July 1998)
- Stonnington v Michael Maas [1998] VCAT 149 (20 July 1998)
- Stonnington v Michael Maas enf order [1998] VCAT 150 (20 July 1998)
- Stonnington v Michael Maas (1998/03695) [1998] VICCAT 778 (9 July 1998)
- Stonnington v Michael Maas (1998/03695) [1998] VICCAT 778 (9 July 1998)
ADMINISTRATIVE APPEALS TRIBUNAL OF AUSTRALIA
- Oasis Flight Training Pty Ltd and Civil Aviation Safety Authority [2013] AATA 600 (23 August 2013)
- Oasis Flight Training Pty Ltd and Civil Aviation Safety Authority [2013] AATA 600 (23 August 2013)
AUSTRALIAN TRADE MARKS OFFICE
- Peter Vanas v Nutrasense Pty Ltd [2001] ATMO 26 (29 March 2001)
Profile Information
In September 1989 I commenced as a reader with Mr John Middleton (as he then was – now his Honour Justice Middleton of the Federal Court) at Aickin Chambers.
Areas of Practice
- Banking and Insurance Law
- Intellectual Property
- Medical and Professional Negligence
- Family Day Care
- Aviation Law
Trial Counsel
I consider myself primarily a trial counsel. For many years my practice has consisted primarily of conducting Supreme Court and Federal Court commercial litigation briefed by both large Melbourne and Sydney firms and smaller legal practices in Victoria, New South Wales and Queensland. In earlier years I conducted numerous hearings in the Magistrates’ Court and then the County Court and VCAT.
The bulk of my briefs I conduct on my own, however I have on numerous occasions been briefed as junior counsel. I have been junior to, among others, John Middleton QC (as he was then), Peter Bick QC, and David Shavin QC.
More recently I have been briefed with a junior or have sought and obtained one. My juniors have included, Justin Graham, Daniel Harrison, Garry Moffatt, James McKay, Samantha Cipriano and Kieran Hickey, all of counsel.
I often appear in matters interstate, particularly in the Supreme and Federal Courts of New South Wales and Queensland in banking and commercial disputes.
Banking & Finance
A substantial aspect of my practice is banking law, primarily for Commonwealth Bank, briefed by its in-house and its retained solicitors. Two of my three readers, Samantha Cipriano and Garry Moffatt, were former employees of CBA, indeed Garry was the head of litigation there for 15 years. I have also acted for ANZ Trustees, briefed by Ms Jane Sheridan, a partner at Arnold Bloch Leibler, and Bendigo Bank. I have conducted many County Court and Supreme Court trials for those banks.
Intellectual Property
I am also briefed regularly by a number of large firms in intellectual property disputes. In particular I conducted, initially on my own and in the latter stages led by Mr David Shavin QC, a substantial intellectual property litigation for Smorgon Steel in the Federal Court of Queensland. My instructor in that matter was intellectual property partner Mr Shaun McVicar.
Injunctions
I am commonly briefed to make applications for injunctions of various kinds in all jurisdictions in the Eastern States, and I am capable of and enjoy acting swiftly and competently under pressure to produce a speedy outcome if required.
Memberships & Qualifications
In 2008 I became a Nationally Accredited Mediator, and since then my practice has included numerous mediations, the majority concerning, banking, insurance, general commercial and intellectual property disputes.
I am a member of CommBar and I have been a member of the Victorian Bar Dispute Resolution Committee and the Legal Assistance Committee.
In September 2005 I obtained a Private Pilot’s Licence, which has led to an increasing interest and participation in aviation law matters. I am a former State President of the Victorian Chapter of the Aviation Lawyers Association of Australia and New Zealand (ALAANZ) and I remain a committee member of that organisation. I am a former member Board of the Aviation Safety Foundation of Australia (ASFA) based in Canberra, which was until recently chaired by the former Minister for Transport, The Honourable John Sharp, and has merged with the international Flight Safety Foundation. I continue to receive aviation law briefs emanating from the FSF.
Pro-bono Work
I have for many years been on the PILCH list and have from time to time conducted proceedings and applications, particularly concerning tenancy disputes, on a pro-bono basis. In addition I have on many occasions offered to act and have acted pro-bono for persons who have appeared in Court unrepresented.