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 780 – appointment of assessors

[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

• [2020] VSC 885 – strike out application
• (2020) 61 VR 580; [2020] VSCA 186 – appeal of strike out decision
• [2020] VSC 152 – amendment to group definition
• [2019] VSC 850 – strike out application

Turner v Bayer Australia Ltd & ors, ongoing, product liability class action, led by Fiona Forsyth QC

• [2021] VSC 241 – approval of discontinuance and withdrawal of part of the proceeding

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

• [2020] FCA 215 – settlement approval application
• [2019] FCA 859 – dispensation with notice requirements

Court v Spotless Group Holdings Limited – Federal Court of Australia, settled, securities class action, led by Peter Collinson QC

• [2020] FCA 1730 – settlement approval application

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 

• [2018] FCA 2101 – costs
• (2018) 358 ALR 382 – settlement approval application

Manus Island Class Action – Kamasaee v Commonwealth & ors

1. [2018] VSC 138 – Settlement distribution scheme
2. [2017] VSC 537 – Settlement approval application, led by Fiona Forsyth (now QC)
3. [2017] VSCA 121 – Scope of issues to be determined in class action trial, led by David Curtain QC and Fiona Forsyth
4. Ruling No 9 [2017] VSC 171 – Live streaming of evidence to group members, led by David Curtain QC
5. Ruling No 8 [2017] VSC 167 – Class closure in a group proceeding, led by David Curtain QC and Fiona Forsyth
6. Ruling No 7 [2016] VSC 770 – Public interest immunity – Foreign relations and Australian Red Cross documents
7. Ruling No 6 [2016] VSC 605 – Public interest immunity – Foreign relations and International Committee of the Red Cross documents
8. Ruling No 5 [2016] VSC 595 – Public interest immunity – Cabinet documents: substantive ruling, led by Bret Walker SC
9. Ruling No 4 [2016] VSC 492 – Public interest immunity – Sample foreign relations claims, led by Bret Walker SC
10. Ruling No 3 [2016] VSC 438 – Public interest immunity – Cross examination in relation to cabinet documents, led by Bret Walker SC
11. Ruling No 2 [2016] VSC 404 – Client legal privilege

Murrindindi Black Saturday Bushfire Class Action – Rowe v AusNet Electricity Services Pty Ltd & ors 

1. [2015] VSC 232 – Settlement approval application, led by Fiona McLeod SC & Richard Attiwill QC
2. [2014] VSC 553 – Expert conclaves
3. [2014] VSC 474 – Appeal, client legal privilege, led by Fiona Forsyth

Kilmore Black Saturday Bushfire Class Action – Matthews v AusNet Electricity Services Pty Ltd & ors 

1. [2014] VSC 663 – Settlement approval application, led by Robert Richter QC and Lachlan Armstrong (now QC)
2. Ruling No 32 [2013] VSC 630 – Role of assessors, led by Andrew Keogh SC (now the Honourable Justice Keogh)
3. Ruling No 31 [2013] VSC 575 – Application made pursuant to s 138 of the Evidence Act 2008 (Vic) to exclude evidence obtained improperly, led by Andrew Keogh SC
4. Ruling No 19 [2013] VSC 180 – Appointment of assessors, led by Andrew Keogh SC
5. Ruling No 10 [2012] VSC 379 – Expert conclaves, led by Tim Tobin SC and Lachlan Armstrong
6. Ruling No 9 [2012] VSC 340 – Expert evidence, led by Tim Tobin SC and Lachlan Armstrong
7. Ruling No 6 [2013] VSC 422 – Client legal privilege, led by Andrew Keogh SC
8. Ruling No 3 [2013] VSC 116 – Obligations under the Civil Procedure Act 2010 (Vic) and client legal privilege, led by Andrew Keogh SC
9. Ruling No 1 [2011] VSC 167 – Application to regularise the proceeding when issued without authority of the representative Plaintiff, led by Robert Richter QC and Michael Lee (now the Honourable Justice Lee)

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)