Lisa De Ferrari S.C.
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Date of Admission:
02 Aug 2002
First Signed Bar Roll:
21 Nov 2002
Date Appointed Silk:
23 Nov 2017
Division of Bar Roll:
Victorian Practising Counsel
Qualifications:
BSc (Hons), LLB, LLM
Previous Occupation:
Associate to Justice Michael McHugh, High Court of Australia. Counsel at the Office of General Counsel, Australian Government Solicitor. Solicitor, Mallesons Stephen Jaques. Computer scientist, CSIRO.
Accepts briefs from in-house counselProfile:
Lisa practises in public law, commercial law and common law.
For more information, please download a copy of Lisa's CV.
For a list of cases in which Lisa has appeared, please see under the tab 'Cases'.
Academic qualifications
LLB, University of New South Wales (University Medal in Law)
LLM, University of Melbourne
BSc (Hons), Australian National University (First Class)
Awards (in recognition of pro bono work)
In 2010, Lisa was awarded the Susan Crennan AC QC Award.
In 2019, Lisa was awarded the Ron Merkel QC Award.
Admitted in Victoria and in New South Wales, and also a member of the New South Wales Bar
Accredited Advocacy Coach
Committee Membership
Supreme Court, Judicial Review and Appeals Users' Group
Please click here to view the List A Barristers profile of Lisa De Ferrari SC
Extended Biography:
Cases:
Cases where I have appeared as Senior Counsel
CNY17 v Minister for Immigration and Border Protection [2019] HCA 50
High Court appeal; judicial review; apprehended bias. I appeared for the Appellant, leading Min Guo, instructed by Estrin Saul Lawyers.
Eastman v Australian Capital Territory [2019] ACTSC 280
Claim for compensation under the Human Rights Act 2004 (ACT), for miscarriage of justice. I appeared for the Plaintiff, leading Peter Tierney, instructed by Ken Cush & Associates.
Defteros v Google LLC
Defamation; claims against search engine operator (decision reserved). I appeared for the Defendant with Georgina Schoff QC, leading Coral Alden, instructed by Johnson Winter & Slattery.
Garbett v Liu; Yates v Frydenberg
Electoral petitions, challenging the return in the Divisions of Chisholm and Kooyong (decisions reserved). I appeared for the two petitioners, Garbett and Yates, leading Jim Hartley and Kiera Peacock, instructed by Marque Lawyers.
FRM17 v Minister for Home Affairs [2019] FCAFC 148
Separate questions on jurisdictional issues, determined by reference to four test cases. I appeared for the Applicants in two of the cases, together with Chris Horan QC, leading Stella Gold and Jim Hartley, instructed by Maurice Blackburn Lawyers.
Minister for Home Affairs v G [2019] FCAFC 79
Appeal; citizenship; statutory interpretation; delegated legislation. I appeared for the Respondent, leading Min Guo, instructed by Asylum Seeker Resource Centre.
Fauna and Flora Research Collective Inc v Secretary to the Department of Environment, Land, Water and Planning & VicForests
Supreme Court action; Plaintiff seeking various forms of relief in respect of certain old-growth forest in East Gippsland (decision reserved). I appeared for the First Defendant, leading Alexander Solomon-Bridge, instructed by Victorian Government Solicitor's Office.
Nguyen v Director of Public Prosecutions (Vic) & Attorney-General (Vic) (2019) 342 FLR 452
Download Nguyen v DPP (2019) 342 FLR 452.pdf (219.31 KB)
Constitutional law; whether provisions of the Confiscation Act 1997 (Vic) invalid; appeal. I appeared for the Director, leading Elizabeth Ruddle, instructed by the Solicitor for Public Prosecutions.
Minister v SZMTA; CQZ15 v Minister; BEG15 v Minister (2019) 264 CLR 421
Appeal; consideration of the nature of jurisdictional error in the case of a breach of the obligation of procedural fairness at common law. I appeared for the Appellant CQZ15, leading Catherine Symons, instructed by Victoria Legal Aid.
Vergara v Chartered Accountants ANZ (2018) 57 VR 526
Interlocutory application for summary dismissal; whether body amenable to judicial review by the supreme Court. I appeared for the Defendant, instructed by Maddocks.
CNY17 v Minister for Immigration and Border protection (2018) 264 FCR 87
Judicial review; appeal; statutory construction; apprehended bias. I appeared for the Appellant, leading Min Guo, instructed by Estrin Saul Lawyers.
EMK18 v Minister for Home Affairs [2018] FCA 1357
Application for interlocutory injunction requiring the provision to the applicants of urgent medical treatment; duty of care alleged to be owed by the Minister and the Commonwealth. I appeared for the Applicants, leading Stella Gold, instructed by Marque Lawyers.
Defteros v Google LLC [2018] VSCA 176
Application for leave to appeal; publication of search results on internet search engine. I appeared for the Respondent, with Georgina Schoff QC, instructed by Johnson Winter & Slattery.
Secretary, Department of Health and Human Services v County Court [2018] VSC 322
Judicial review; decision of the County Court in child protection proceedings. I appeared for the Plaintiff, leading Stephanie Clancy, instructed by the Department of Health and Human Services.
Trkulja v Google LLC (2018) 263 CLR 149
Defamation; appeal. I appeared for the Defendant, with Neil Young QC, instructed by Ashurst Australia.
Defteros v Google Inc (No.3) [2018] VSC 375
Defamation; interlocutory applications brought by the Plaintiff. I appeared for the Defendant, leading Coral Alden, instructed by Johnson Winter & Slattery.
BJB16 v Minister for Immigration and Border Protection (2018) 260 FCR 116
Appeal; judicial review; statutory interpretation. I appeared for the Appellant, instructed by Victoria Legal Aid.
Ghodskani v United States of America [2018] FCA 14
Extradition; application for bail. I appeared for the Applicant, leading Sarah Zeleznikow, instructed by Asylum Seeker Resource Centre.
Cases where I have appeared as Counsel
Port Phillip Scallops Pty Ltd v Minister for Agriculture & State of Victoria (2018) 238 LGERA 344
Judicial review; statutory interpretation; challenge to validity of various decisions and of delegated legislation. I appeared for the Defendants, led by Chris Horan QC, instructed by the Department of Economic Development, Jobs, Transport and Resources.
Minister for Immigration and Border Protection v CQZ15 (No 2)
Appeal; test case; costs. I appeared for the Respondent, leading Catherine Symons, instructed by Victoria Legal Aid.
BVC15 v Minister for Immigration and Border Protection (2017) 255 FCR 471
Judicial review; appeal; whether denial of procedural fairness by AAT in circumstances of breach by the Secretary of s 418(3) of the Migration Act 1958 (Cth); whether error by Court below in finding that protection claim had been abandoned. I appeared for the Appellant, leading Min Guo, instructed by Asylum Seeker Resource Centre.
Minister for Immigration and Border Protection v CQZ15 (2017) FCR 1
Judicial review; appeal; whether jurisdictional error by denial of common law procedural fairness; whether relief might be refused on discretionary grounds; admissibility of evidence on judicial review. I appeared for the Respondent, leading Catherine Symons, instructed by Victoria Legal Aid.
Minister for Immigration and Border Protection v BJN16 (2017) 253 FCR 21
Judicial review; application for leave to appeal from summary judgment; admissibility of evidence on judicial review.; whether denial of procedural fairness or relief to be refused on discretionary grounds. I appeared for the Respondent, leading Catherine Symons, instructed by Victoria Legal Aid.
Traljesic v Bosnia and Herzegovina [2017] HCATrans 213
Extradition; application for special leave to appeal, granted. I appeared for the Applicant, leading John Maloney, instructed by Greg Thomas.
AIB16 v Minister for Immigration and Border Protection (2017) 254 FCR 457
Download AIB16 v Minister (2017) 254 FCR 457.pdf (109.64 KB)
Judicial review; appeal; statutory construction. I appeared for the Appellant, instructed by Asylum Seeker Resource Centre.
Google Inc v Duffy (2017) 129 SASR 304
Defamation; appeal; whether search engine operator is a publisher; whether search results capable of conveying defamatory meaning; defences of qualified privilege, truth and innocent dissemination. I appeared for the Appellant, led by Tom Blackburn SC, instructed by Ashurst Australia.
Minister for Immigration and Border Protection v AMA16 (2017) 254 FCR 534
Download Minister v AMA16 (2017) 254 FCR 534.pdf (122.58 KB)
Judicial review; appeal; statutory construction; apprehended bias. I appeared for the First Respondent, instructed by Victoria Legal Aid.
Traljesic v Bosnia and Herzegovina (2017) 250 FCR 530
Extradition. I appeared for the Appellant, leading Julia Lucas, instructed by Greg Thomas.
Defteros v Google Inc & Anor (2017) 54 VR 592
Defamation; summary judgment application. I appeared for Google Australia, led by Wendy Harris QC, instructed by Johnson Winter & Slattery.
Defteros v Google Inc & Anor (Costs) [2017] VSC 189
Defamation; indemnity costs application. I appeared for Google Australia, instructed by Johnson Winter & Slattery.
Google Inc v Trkulja (2016) 342 ALR 504
Defamation; appeal. I appeared for Google Inc, led by Neil Young QC, instructed by Ashurst Australia.
AMA16 v Minister (2017) 317 FLR 141
Judicial review; new Part 7AA of the Migration Act; effect on natural justice hearing rule; apprehended bias. I appeared for the Applicant, instructed by Victoria Legal Aid.
AMA16 v Minister for Immigration (2016) 310 FLR 456
Judicial review; ruling on public interest immunity claim by the Minister. I appeared for the Applicant, instructed by Victoria Legal Aid.
CQZ15 v Minister for Immigration (2016) 315 FLR 127
Judicial review; ruling on admissibility of evidence. I appeared for the Applicant, instructed by Victoria Legal Aid.
Traljesic v Bosnia and Herzegovina (2016) 338 ALR 637
Extradition. I appeared for the Applicant, on an order from the Federal Court appointing me as counsel.
Duffy v Google Inc (2015) 125 SASR 437
Defamation; trial of the Plaintiff's claim that she had been defamed by search results and hyperlinked webpages. I appeared for Google Inc, led by Sam Doyle SC, instructed by HWL Ebsworth as town agent for Ashurst Australia.
Duffy v Google Inc (No.2) [2015] SASC 206
Defamation; assessment of damages. I appeared for Google Inc, led by Sam Doyle SC (for part), Tom Blackburn SC (for part), instructed by HWL Ebsworth as town agent for Ashurst Australia.
Duffy v Google Inc (No.3) [2016] SASC 1
Defamation; costs. I appeared for Google Inc, instructed by HWL Ebsworth as town agent for Ashurst Australia.
Trkulja v Google Inc [2015] VSC 635
Defamation; application by foreign defendant to set aside originating process and service. I appeared for Google Inc, led by Sam Doyle SC, instructed by Ashurst Australia.
Lobban v Minister for Justice [2015] FCA 1361
Extradition. I appeared for the Applicant, instructed by Tottle Partners.
Rowe v AusNet Electricity Services Pty Ltd & Ors
Murrindindi bushfire class action, 2013-15. I acted for one of the State Parties, led by Paul Anastassiou QC.
Matthews v SPI Electricity Pty Ltd & Ors
Kilmore bushfire class action, 2012-14. I acted for the State Parties on expert evidence and causation issues, led by Chris Caleo QC.
Mercieca & Anor v SPI Electricity Pty Ltd & Ors
Beechworth bushfire class action, 2011-12. I acted for one of the State Parties, led by Chris Caleo QC.
Marku v Minister for Justice (2015) 237 FCR 580
Extradition. I appeared for the Applicant, instructed by DLA Piper Australia.
Snedden v Minister for Justice (2014) 230 FCR 82
Extradition; appeal; claim involving interpretation of Third Geneva Convention. I appeared for the Appellant, leading Richard Knowles and Joel Fetter, instructed by Shine Lawyers.
Plaintiff M79/2012 v Minister for Immigration and Citizenship (2013) 252 CLR 336
Statutory construction; matter in the original jurisdiction of the High Court. I appeared for the Plaintiff, led by Michael Pearce SC, instructed by Baker & McKenzie.
Secretary, Department of Sustainability and Environment (Vic) v Minister for Sustainability, Environment, Water Population and Communities (Cth) (2013) 209 FCR 215
Environmental law; judicial review. I appeared for the Secretary, led by Stephen McLeish SC, Solicitor-General for the State of Victoria, instructed by Victorian Government Solicitor's Office.
Marku v Republic of Albania (2013) 212 FCR 50
Extradition; appeal. I appeared for the Appellant, leading Karen Argiropoulos, instructed by DLA Piper Australia.
Marku v Minister for Home Affairs (2013) 212 FCR 471
Extradition. I appeared for the Applicant, leading Karen Argiropoulos, instructed by DLA Piper Australia.
Marku v Minister for Home Affairs (No.2) (2013) 216 FCR 315
Extradition. I appeared for the Applicant, instructed by DLA Piper Australia.
Snedden v Minister for Justice (2013) 306 ALR 452
Extradition; claim involving interpretation of Third Geneva Convention. I appeared for the Applicant, led by Julian Burnside QC, instructed by Shine Lawyers.
Tahiri v Minister for Immigration and Citizenship (2012) 293 ALR 526
Judicial review; matter in the original jurisdiction of the High Court. I appeared for the Plaintiff, leading Krystyna Grinberg, instructed by Victoria Legal Aid.
Australia and New Zealand Banking Group Limited v Konza (2012) 206 FCR 450
Taxation; judicial review; appeal. I appeared for ANZ, led by Alan Archibald QC and David Batt SC, instructed by Allens Linklaters.
Santhirarajah v Attorney-General (Cth) (2012) 206 FCR 494
Extradition. I appeared for the Attorney-General, led by Nick Robinson SC, instructed by Ashurst Australia.
CARE Employment & Training Services Pty Ltd v Australian Skills Quality Authority (2012) 126 ALD 511
Judicial review. I appeared for ASQA, instructed by Australian Government Solicitor.
Biciancin v Commonwealth & Australian Capital Territory; Whatman v Commonwealth & Australian Capital Territory
Superannuation and common law actions, 2011-12. I acted for the Australian Capital Territory, led by Alexandra Richards QC.
Shahi v Minister for Immigration and Citizenship (2011) 246 CLR 163
Judicial review; matter in the original jurisdiction of the High Court. I appeared for the Plaintiff, unled, instructed by Victoria Legal Aid.
Director of Public Prosecutions (Vic) v Moloney (2011) 33 VR 23
Confiscation of assets legislation; appeal. I appeared for the Appellant, led by Stephen O'Bryan SC, instructed by the Solicitor for Public Prosecutions.
Plaintiff M61/2010E v Commonwealth; Plaintiff M69/2010 v Commonwealth (2010) 243 CLR 319
Constitutional law; matter in the original jurisdiction of the High Court. I appeared for Plaintiff M69, led by Stephen McLeish SC, instructed by Holding Redlich.
Director of Public Prosecutions (Vic) v Nguyen; Director of Public Prosecutions (Vic) v Duncan (2009) 23 VR 66
Confiscation of assets legislation; appeal. I appeared for the Appellant, led by Stephen O'Bryan SC, instructed by the Solicitor for Public Prosecutions.
Puttick v Tenon Ltd (2008) 238 CLR 265
Conflict of laws; foreign tort; forum non conveniens; appeal. I appeared for the Respondent, led by Andrew Bell SC, instructed by Freehills.
MZXOT v Minister for Immigration and Citizenship (2008) 233 CLR 601
Constitutional law; matter in the original jurisdiction of the High Court. I appeared for the Plaintiff, led by Debbie Mortimer SC, instructed by Victoria Legal Aid.
Snowy Mountains Organic Dairy Products Pty Ltd v Wholefoods Pty Ltd & Anor (2008) 21 VR 43
Construction of deed; release; abuse of process. I appeared for the Third Defendant, led by David O’Callaghan SC, instructed by Deacons.
GT Corp Pty Ltd v Amare Safety Pty Ltd [2008] VSC 143
Contractual dispute; liability. I appeared for the Defendant, led by Jim Delany SC, instructed by Russell Kennedy.
GT Corp Pty Ltd v Amare Safety Pty Ltd (No.2) [2008] VSC 233
Contractual dispute; damages. I appeared for the Defendant, led by Jim Delany SC, instructed by Russell Kennedy.
GT Corp Pty Ltd v Amare Safety Pty Ltd (No.3) [2008] VSC 296
Contractual dispute; costs. I appeared for the Defendant, led by Jim Delany SC, instructed by Russell Kennedy.
Roach v Electoral Commissioner & Commonwealth (2007) 233 CLR 162
Constitutional law; matter in the original jurisdiction of the High Court. I appeared for the Commonwealth, led by David Bennett QC, Solicitor-General for the Commonwealth, instructed by Australian Government Solicitor.
Baxendale's Vineyard Pty Ltd v Geographical Indications Committee & King Valley Vignerons Inc (2007) 160 FCR 542
Determination of geographical indication of wine region; appeal. I appeared for King Valley Vignerons Inc, led by Tim Ginnane SC, instructed by Jeff Francis Lawyers.
Baxendale's Vineyard Pty Ltd v Geographical Indications Committee (2007) 156 FCR 444
Federal Court practice and procedure. I appeared for King Valley Vignerons Inc, led by Tim Ginnane SC, instructed by Jeff Francis Lawyers.
Puttick v Fletcher Challenge Forests Ltd (2007) 18 VR 70
Conflict of laws; foreign tort; forum non conveniens; application for leave to appeal. I appeared for the Respondent, led by Clifford Pannam QC, instructed by Freehills.
Nicholson-Brown v Jennings (2007) 162 FCR 337
Judicial review; statutory interpretation. I appeared for Minister Jennings, led by Maree Kennedy SC, instructed by Victorian Government Solicitor's Office.
Central Bayside General Practice Association Ltd v Commissioner of State Revenue (2006) 228 CLR 168
Taxation; charities; appeal. I appeared for the Appellant, led by Brian Shaw QC and Jennifer Batrouney SC, instructed by Health Legal.
Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566
Statutory construction; appeal. I appeared for the Respondent, led by Debbie Mortimer SC, instructed by Victoria Legal Aid.
Director of Public Prosecutions (Vic) v McEachran (2006) 15 VR 268
Confiscation of assets legislation; appeal. I appeared for the Appellant, led by Stephen O'Bryan SC, instructed by the Solicitor for Public Prosecutions.
R v The Age Company Ltd & Ors [2006] VSC 479
Sub judice contempt. I appeared for the Director of Public Prosecutions, led by Stephen O'Bryan SC, instructed by the Acting Solicitor for Public Prosecutions.
Sharman Networks Ltd v Universal Music Australia Pty Ltd (2006) 155 FCR 291
Federal Court practice and procedure; application to appear as amicus curiae. I appeared for the amicus, led by Glenn McGowan SC, instructed by Communications Law Centre.
Re King Valley Vignerons Inc and Geographical Indications Committee (2006) 93 ALD 422
Wine regions; determination of geographical indication. I appeared for King Valley Vignerons Inc, instructed by Jeff Francis Lawyers.
Neilson v Overseas Projects Corporation of Victoria Ltd (2005) 223 CLR 331
Conflict of laws; foreign tort; choice of law; appeal. I appeared for the Respondent, led by Gavan Griffith QC, instructed by Minter Eliison.
Stevens v Kabushiki Kaisha Sony Computer Entertainment (2005) 224 CLR 193
Copyright; appeal. I appeared on behalf of the Australian Digital Alliance Limited and the Australian Libraries Copyright Committee as amici curiae, led by John Basten QC and Glenn McGowan SC, instructed by Sarah Waladan.
Ruhani v Director of Police (2005) 222 CLR 489
Constitutional law; appeal from the Supreme Court of Nauru. I appeared for the Appellant, led by Gavan Griffith QC, instructed by Vadarlis & Associates.
Angas Law Services Pty Ltd (In liq) v Carabelas (2005) 226 CLR 507
Company law; duties of directors; appeal. I appeared for the Appellant, led by Gavan Griffith QC, instructed by Cowell Clarke Commercial Lawyers.
Australian Postal Commission v Melbourne City Council (2005) 14 VR 678
Valuation of land; appeal. I appeared for the Appellant, led by Jim Delany SC, instructed by Australia Post Legal Services.
Applicants M16/2004 v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 148 FCR 46
Judicial review; estoppel; abuse of process. I appeared for the Applicants, led by Debbie Mortimer SC, instructed by Mallesons Stephen Jaques.
Nystrom v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 143 FCR 420
Judicial review; statutory construction; appeal. I appeared for the Appellant, instructed by Victoria Legal Aid.
Navarolli v Director of Public Prosecutions (Vic) (2005) 159 A Crim R 347
Confiscation of assets legislation; application for leave to appeal. I appeared for the Respondent, led by Jim Kennan SC, instructed by the Acting Solicitor for Public Prosecutions.
Carter v Minister for Aboriginal Affairs (2005) 143 FCR 383
Judicial review; statutory construction; injunctions. I appeared for the Minister, led by Maree Kennedy SC, instructed by Victorian Government Solicitor's Office.
Military Superannuation and Benefits Board of Trustees No 1 v Batt (2005) 149 FCR 448
Superannuation; appeal on questions of law. I appeared for the Respondent, led by Jim Kennan SC, on an order from the Federal Court appointing me as counsel.
Truong v The Queen (2004) 223 CLR 122
Constitutional law; extradition; speciality. I appeared for the Commonwealth, intervening, led by David Bennett QC, Solicitor-General for the Commonwealth, and Michelle Gordon SC, instructed by Australian Government Solicitor.
EC v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 138 FCR 438
Judicial review; statutory construction. I appeared for the Applicant, instructed by Erskine Rodan & Associates.
Scargill v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 129 FCR 259
Judicial review; statutory construction. I appeared for the Appellant, instructed by Victoria Legal Aid.
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have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.