Date of Admission:
23 Aug 2011
Nationally Accredited Mediator:
29 Jan 2021
Qualifications:
LLB (Hons) GDLP LLM
Previous Occupation:
Solicitor, City Councillor
Accepts briefs from in-house counselProfile:
To see some of the more significant matters (reported and unreported) that Joel has appeared and advised in, please go to 'Extended Biography'.
Overview of Practice
Joel is a trusted commercial adviser to a wide range of clients. His increasing focus is in the building and construction field (from smaller domestic building disputes to larger security of payment issues), together with property law (advising on easements, owners' corporations, leasing disputes, and nuisance matters), insolvency, and insurance. He often advises parties from the earliest stages of their disputes (including on obtaining expert evidence), and is experienced in the preparation and running of trials, both led and unled. He has a keen interest in alternative dispute resolution in the construction sphere.
Joel accepts briefs to appear in all Courts and Tribunals (state and federal), and is available to appear as a mediator in all areas of commercial law.
To view Joel's full CV, and to find some of his published works, you can visit his LinkedIn profile.
Skills and Experience
Joel continues to accumulate skills and experience which enhance his practice. These include:
- as a member of the List Committee of List S since 2017 (previous service from 2014 to 2016), and as List Treasurer (from 2019 onwards).
- as a Member of the Arbiter Panel List, appointed by instrument by the Secretary of the Department of Jobs, Precincts and Regions, under section 142 of the Local Government Act 2020 for a period of three years commencing 20 August 2021.
- as Young Lawyers President (2015) at the Law Institute of Victoria, and as a representative on the Law Council of Australia's Young Lawyers Committee in 2015/6 and 2016/7.
- as a committee member of the Building Dispute Practitioners Society (BDPS) from 2017-9.
- through committee work for the Victorian Bar. Joel currently serves on the Victorian Bar News and Pro Bono Committees, and previously on the New Barristers Committee. He was also an Assistant Honorary Secretary to the Victorian Bar Council (for the 2020-21 term).
- through his pro bono work, for which he received the Daniel Pollack Readers Award in 2014
- through teaching work in the Bachelor of Laws (LLB) and Juris Doctor (JD) courses at La Trobe Law School, delivering lectures for Torts and Employment Law, leading seminars in Legal Ethics, and also as a peer reviewer for the Melbourne University Law Review.
- through his Master of Laws (LLM) at the University of Melbourne, covering subjects in construction law (covering legal and technical matters), defamation, statutory interpretation, corporate governance and directors' duties, and insurance.
- through serving as a City of Glen Eira Councillor, from 2016 to 2020. The role was similar to a board role. Joel served on a range of committees (including as Chair of the Local Laws Committee), was Deputy Mayor in 2018-9, and was heavily involved in Council's statutory and strategic planning law processes.
- through serving six seasons on the Football Federation of Victoria's Grievance and Disciplinary Tribunal, from 2011 to 2017.
Joel has also authored a number of practice papers (nuisance and trees, implied subdivision easements, briefing in domestic building matters, security of payment legislation in the building industry) and academic articles (see his LinkedIn).
Memberships
Joel is a member of Melbourne TEC Chambers, the Commercial Bar Association, the Building Disputes Practitioners Society, the Society of Construction Law Australia, the Law Institute of Victoria, and the Tasmanian Bar.
Joel's Clients
While his practice is by no means limited to them, the clients Joel most commonly represents include:
- Home owners
- Builders, contractors, and construction companies
- Construction industry professionals (including building surveyors)
- Tenants (commercial and residential)
- Landlords (commercial and residential)
- Owners' corporations
- Housing associations
- Business owners
- Unincorporated associations
- Energy retailers
If you fall into any of these categories, Joel probably has had a client in your situation before.
Why building and property?
Joel's family heritage is in the building industry, with the two preceding generations of Silver men having practised as architects and registered builders (in Perth and Melbourne). Having had industry exposure from a young age, Joel quickly developed an affinity with the construction law discourse.
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk
have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.