Melanie practices in commercial, tort and consumer law in the Federal and State courts, with particular experience in class actions.
A sample of cases in which Melanie has appeared, in a variety of jurisdictions, both led and unled, is set out below. Melanie has also undertaken a wide variety of advice work including in commercial, consumer and administrative law.
Melanie is the Deputy Chair of the Class Actions Committee of the Commercial Bar Association.
Prior to joining the Bar, Melanie was Senior Associate to the Honourable Justice Pagone (then Judge in Charge of the Commercial Court of the Supreme Court of Victoria) and subsequently Senior Associate to the Honourable Justice Davies (also then a Judge of the Commercial Court of the Supreme Court).
Before commencing in law, Melanie worked as a scientific researcher, predominantly in synthetic organic chemistry.
Class actions
Crawford v ANZ & ors – Supreme Court of Victoria, ongoing, unfair conduct claim, led by Michael Rush QC
McNickle v Huntsman Chemical Company Australia Pty Ltd & ors – Federal Court of Australia, ongoing, negligence class action concerning Roundup, led by Jack Rush QC
[2021] FCA 370 – expert evidence Shimshon v MLC Nominees Pty Limited & anor – Supreme Court of Victoria, ongoing, superannuation class action, led by Nicholas Owens SC
[2020] VSC 640 – determination of preliminary question Andrianakis v Uber Technologies Inc & ors and Salem v Uber Technologies Inc & ors – Supreme Court of Victoria, ongoing, conspiracy by unlawful means, led by David Collins QC
Turner v Bayer Australia Ltd & ors, ongoing, product liability class action, led by Fiona Forsyth QC
ACN 117 641 004 Pty Ltd v S&P Global Inc – Federal Court of Australia, acted for the second applicant in a dispute concerning whether the proceeding ought to be stayed Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia, settled, administrative law class action, led by Dan Star QC
Court v Spotless Group Holdings Limited – Federal Court of Australia, settled, securities class action, led by Peter Collinson QC
Fernbrook (Aust) Investments Pty Ltd v AMP Limited – Federal Court of Australia, securities class action, led by Richard Attiwill QC (now the Honourable Justice Attiwill)
Fletcher v Lendlease Corporation Limited & anor – Supreme Court of New South Wales, securities class action
Caason Investments Pty Ltd v Simon Xiao Fan Cao – Federal Court of Australia, acted for applicant in dispute with funder
Bywater v Appco Group Australia Pty Ltd – Federal Court of Australia, ongoing, employment class action, led by Kristine Hanscombe QC
Money Max Int Pty Limited v QBE Insurance Group Limited – Federal Court of Australia, settled, securities class action, led by Bernie Quinn QC
Manus Island Class Action – Kamasaee v Commonwealth & ors
Murrindindi Black Saturday Bushfire Class Action – Rowe v AusNet Electricity Services Pty Ltd & ors
Kilmore Black Saturday Bushfire Class Action – Matthews v AusNet Electricity Services Pty Ltd & ors
Earglow Pty Ltd v Sigma Pharmaceuticals Ltd – Federal Court of Australia, securities class action (settled), led by Julian Burnside QC and Lachlan Armstrong
Commercial and Consumer Law
Gold Coast Marine Aquaculture Pty Ltd v Aqua Star Pty Ltd & ors – Federal Court of Australia, ongoing, negligence, led by David Collins QC
Riley v Riley – Supreme Court of Victoria, settled, partnership dispute
Cargill Australia Ltd v Viterra Malt Pty Ltd – Supreme Court of Victoria, ongoing, sale of business, led by Richard Attiwill QC
Riviera Farms Pty Ltd v Accensi Pty Ltd – Supreme Court of Victoria, settled, contaminated herbicides, led by David Collins QC
IOOF Holdings Limited v Maurice Blackburn Pty Limited – Supreme Court of Victoria, settled, confidentiality in whistleblower documents, led by Richard Attiwill QC and Fiona Forsyth
Nimbona v Magnaye – County Court of Victoria, settled, misleading and deceptive conduct
GW & BR Crameri Pty Ltd v Byford Equipment Pty Ltd – County Court of Victoria, settled, contractual dispute
Bennett v Reid – County Court of Victoria, contractual and partnership dispute, settled
Noone, Director of Consumer Affairs Victoria v Operation Smile (Australia) Inc & ors (No 2) [2011] VSC 153 – Misleading and deceptive conduct, led by Alex Richards QC
Inquiries
Hazelwood Mine Fire Inquiry 2015 – Investigation into increased incidence of deaths (report available at http://hazelwoodinquiry.vic.gov.au/201516-report/volume-ii-investigations-into-2009-2014-deaths)
Own Motion Inquiry of the Office of the Racing Integrity Commissioner – Investigation into Laming, Potgieter and Zeyaur Rahman (public summary of the report available at https://racingintegrity.vic.gov.au/__data/assets/pdf_file/0018/164151/Public-Summary-Report-Own-Motion-June-2021.pdf)