Profile

Practice as Barrister

Claire practices broadly in general commercial law and in public law matters at the trial and appellate levels. Her commercial experience has a strong focus on insurance and professional negligence and also encompasses class actions and contract disputes.  She also has experience in the application of equitable principles in the commercial context, in particular breach of confidence. 

Claire's broad public law practice is primarily in judicial review and includes discrimination and human rights matters.  She has also represented government and institutional clients in Royal Commissions and coronial inquests. Claire appears in first instance and appellate matters in the High Court, Federal Court and Supreme Court.

Claire is the President of the Commercial Bar Association of Victoria.

Previous experience

Claire completed articles at Arthur Robinson & Hedderwicks and was then Associate to Justice Merkel of the Federal Court.  She worked for the United Nations International Criminal Tribunal for the Former Yugoslavia, as lawyer assisting Judge David Hunt and as a prosecution lawyer on the Milosevic Trial.  She also worked in commercial public international law at London firm Tite & Lewis (affiliated to Ernst & Young).  

Claire was awarded the Supreme Court Exhibition at Monash University, and has a Masters from Cambridge as WM Tapp Scholar.

Select recent cases  (represented party in bold)

Insurance

Australian Gourmet Pastes v Endeavour Packaging and IAG New Zealand (stay of action against insurer under Trans-Tasman Proceedings Act 2010;  interaction with Insurance Contracts Act)  [2017] VSCA 155 (led by Jeremy Ruskin QC);  [2016] VCC 455 (Unled).

Kyriackou v ACE Insurance Ltd [2013] VSCA 150;  [2012] VSC 214  (exclusion clauses in professional indemnity policy; with Michael Thompson QC)

HIH Claims Support Ltd v Insurance Australia Ltd (2011) 244 CLR 72; [2010] VSCA 255; (2009) 15 ANZ Ins Cas (equitable contribution; double insurance; with David Jackson QC and Michael Thompson QC)

Professional / public liability

AS v Commonwealth; IHMS  (class action, negligence; led by Paul Anastassiou QC, appearances both led and unled:  AS v Cth (2015) 307 FLR 122; [2015] VSC 642; [2016] VSC 351)

Regent Holdings v Victoria and Southern Ocean Mariculture (2012) 36 VR 424 (class action; with Michael Thompson QC and Charles Scerri QC) Commercial, corporations law

Commercial / corporations

Pentridge Village Pty Ltd (In Liq) v Capital Finance Australia Ltd [2018] VSC 633 (derivative actions; assignment of statutory causes of action; with Emma Murphy)

ASIC v Flugge (No 2) (2017) 342 ALR 478 (Penalty phase with Michael Colbran QC and Cam Truong)

Lewski v ASIC and APCH (2017) 352 ALR 64; [2017] FCAFC 171 (directors' duties, led by JP Moore QC)  

Judicial review

Downer Utilities Australia Pty Ltd v Anti-Dumping Commissioner [2019] FCA 1190

PBU & NJE v Mental Health Tribunal and Ors (2018) 56 VR 131 (consent to treatment, appearing for Secretary as amicus)

Colonial Range v CES-Queen (Vic) Pty Ltd & BAB  [2017] VSC 317 (judicial review, statutory construction)

Weisheit v State of Victoria [2016] VSC 64 (judicial review re seizure of animals; resisting injunction) 

CES-Queen Pty Ltd v Thomas (Building Appeals Board) [2015] VSC 120 (with Richard Niall QC: statutory construction and construction of Board determination)  

Human rights, Charter and Discrimination law

Varasdi v State of Victoria [2018] FCA 1655 (successful strike out in discrimination context) 

DWN027 v Republic of Nauru (2018) 355 ALR 238; [2018] HCA 20. 

Ingram v QBE Insurance Ltd [2014] VCAT 1936  (insurance, discrimination on grounds of mental health)

Eatock v Bolt (No 1) (2011) 197 FCR 261; (No 2) (2011) 284 ALR 114  (race discrimination )

BMF 16 v Minister for Immigration and Border Protection [2017] FCA 1530 (citizenship delays, with Chris Horan QC)

Other public law including statutory construction

Victorian Building Authority v Andriotis  (2019) 372 ALR 1; [2019] HCA 22 (Mutual recognition scheme, with K L Walker QC and S Gory) 

State of Victoria v Tutos [2019] VSC 673  (judicial review re Merit Protection Boards; contract)

Hammond v Secretary to Department of Health and Human Services [2018] VSCA 356 (Crimes (Mental Impairment) tests)

BSA Ltd v Victorian Workcover Authority [2016] VSC 435 (construction of appeal right; with N Robinson QC); [2018] VSC 46 (status of contractor, with P Solomon QC) 

Other languages:  French

For more information on Claire Harris please click here.