Tim practises in commercial law, public law and tort, with a particular interest in competition law. He has appeared before State and Federal Courts and Courts of Appeal and international tribunals.
In commercial law, Tim has advised and appeared in international and domestic arbitrations and class actions as well as matters involving trusts, financial services, resources, insolvency, commercial leases, competition law, consumer protection and building and construction.
In public law, Tim has advised and appeared in matters involving constitutional law, administrative law and freedom of information. In administrative law, Tim has appeared in professional discipline and migration matters.
In tort law, Tim has advised and appeared in professional negligence, trespass, battery, conversion, defamation and other matters involving intentional torts.
Tim has undergraduate honours degrees in law and philosophy from the University of Melbourne, where he received several academic prizes, including the contract law prize and the Hastie Scholarship for placing first in philosophy final honours. He also obtained a Masters degree with honours in philosophy from the University of Cambridge as the Cambridge Commonwealth Trust’s Fulton Australia Scholar.
Tim read with Dr Paul Vout KC, and his senior mentor is David Batt KC.
Tim's List A profile is here.
Competition and consumer law experience
Racing New South Wales v Racing Victoria Limited [2024] NSWSC 312; [2024] NSWSC 147; [2023] NSWSC 576; [2023] NSWSC 838 - acting for the first to fourth defendants in a preliminary discovery application concerning, among other allegations, breach of s 45 of the Competition and Consumer Act 2010 (Cth) (led by Michael Borsky KC)
Poole v Australian Pacific Touring Pty Ltd (2018-2021) – Federal Court – acting for the defendant package tour company in a test case concerning whether a cancellation clause is unfair under s 23 of the Australian Consumer Law (led by Greg Harris KC)
Director, Consumer Affairs Victoria v Nightingale Electrics Pty Ltd & anor [2016] FCA 279 – acting for the respondents in relation to various alleged breaches of the Australian Consumer Law (led by Georgina Costello KC)
Advising the Commonwealth Department of Treasury concerning proposed amendments to the cartel prohibitions in the Competition and Consumer Act (led by Rowena Orr KC)
Class actions and general commercial law experience
Gall v Domino's Pizza Enterprises Limited (ACN 010 489 326) (2022-) - Federal Court - acting for the respondent to a class action claim alleging misleading and deceptive conduct and underpayment of wages (led by Greg Harris KC with Edward Gisonda)
Acting for the CITIC parties in several proceedings concerning the Sino Iron Project in the Pilbara.
In the matter of Avance Energy Solutions Pty Ltd (ACN 167 959 426) (2019-) - Supreme Court of Victoria - acting for the defendant shareholder and company in oppression proceedings concerning an HVAC services company (unled)
Bougainville Copper Ltd v RTG Mining Inc & anor [2021] VSC 231 - acting for the prospective defendant in successfully resisting an application for preliminary discovery (led by David Batt KC)
Australia Pacific Airports (Melbourne) Pty Ltd v DXC Eclipse Pty Limited & anor (2019-2021) – Supreme Court of Victoria – acting for the plaintiff in a software development and implementation dispute (unled)
The Toronto-Dominion Bank v Bennett (2019-2020) – Supreme Court of Victoria – acting for the plaintiff seeking to enforce a foreign judgment at common law (unled)
In the Matter of Freestyle Technology Limited (ACN 121 520 128) (2019) – Supreme Court of Victoria – acting for a technology start-up company in oppression proceedings (unled)
Caltex Australia Petroleum Pty Ltd v Agtan Pty Ltd [2017] VSC 593; [2018] VSCA 169 – acting for the successful plaintiff / respondent tenant in a commercial lease dispute (led by Michael Borsky KC)
Hui v Esposito Holdings Pty Ltd (2017) 345 ALR 287 [2017] FCA 648; (2017) 345 ALR 352 [2017] FCA 728 – acting for the respondents in an application to set aside a partial award and remove an arbitrator under the International Arbitration Act (led by Greg Harris KC)
Mance v Mance & ors; Mance Holdings Pty Ltd & ors v Mance & ors – Supreme Court of Victoria – acting for the plaintiff / defendant in related equity, trusts and misuse of confidential information proceedings (led by Peter Collinson KC)
Deutsch v Deutsch – Victorian Court of Appeal – acting for the appellant in relation to a security for costs application, mediation and general advice on appeal on damages decision (unled)
Advising and appearing unled in the Supreme Court, the County Court and VCAT in relation to various commercial disputes, including trusts, contract, applications for default judgment and building and property
Arbitration experience
Acting for an affected third party in relation to potential claims under the Singapore-Australia Free Trade Agreement (led by Jeremy Kirk SC)
Acting for the claimant in an international arbitration under the HKIAC Rules concerning software development and financial services (led by Greg Harris KC)
Acting for the respondents and counterclaimants in an international arbitration under the UNCITRAL Rules concerning drilling services for an offshore gas platform (led by Greg Harris KC with Dean Luxton)
Acting for the claimant in an international arbitration under the UNCITRAL Rules concerning the sale of a dairy production business to international investors (led by Greg Harris KC)
Acting for the claimant in a domestic arbitration over the construction of a feed mill (unled)
Acting as tribunal secretary in various international arbitrations, both institutional (under the ICSID rules) and ad hoc, including in Betamax Ltd v State Trading Corpn (Mauritius) [2021] UKPC 14; Bus LR 1253, PC
Administrative and public law experience
Dr Piesse v Medical Board of Australia – acting for a medical professional the subject of disciplinary proceedings, including in [2018] VCAT 742 (unled)
Advising on the possibility of a challenge to the validity of certain Commonwealth taxation and social welfare legislation (unled)
Advising on the likely constitutional validity of proposed legislation to regulate the oil and gas industry (led by Peter Hanks KC)
Appearing for the applicants in various reverse freedom of information applications in VCAT (unled)
Appearing for the applicants in various applications for judicial review of migration decisions (unled)
Tort law experience
Khoury v Kirwan (No 4) [2021] VSC 333 -- acting for the successful applicant for orders seeking punishment for contempt of court arising from breach of the Harman undertaking in defamation proceedings (unled)
Hanley v National Australia Bank Limited – Supreme Court – acting for the defendant in professional negligence proceedings (led by Rowena Orr KC and Premala Thiagarajan)
Hawes v Taualii & ors – Supreme Court – acting for the plaintiff in relation to allegations of trespass, battery, conversion, undue influence, unconscionability and unjust enrichment (led by Dr Paul Vout KC)
Johnstone v Johnstone & anor – Supreme Court – acting for the plaintiff in relation to allegations of assault, battery, undue influence and unjust enrichment (unled)
PUBLICATIONS
Former updating author, Intentional Torts, The Laws of Australia, Thomson Reuters