Eugenia Levine practises in commercial and public law. She has particular experience in contractual disputes, trade practices, corporations law, insurance, employment and industrial matters, and administrative law.
Prior to joining the Bar, Eugenia worked as an associate at White & Case LLP in London, specialising in complex and high-value commercial litigation and international commercial arbitration. Eugenia commenced practice at Mallesons Stephen Jaques (as it then was), where she gained experience in the resolution of general commercial disputes and matters involving trade practices.
Eugenia holds a Master of Laws with distinction from Columbia Law School in New York and a First Class Honours degree in law from Monash University, where she was awarded a number of academic prizes, including the Jeffrey L Sher Prize for Trial Practice and Advocacy and the Monash Law School Jessup Moot Prize.
In 2016, Eugenia was a sessional lecturer in Advanced Corporations Law at Monash University. She also taught constitutional law at Monash University in 2015 - 2016.
Some recent matters in which Eugenia has appeared include:
Slea Pty Ltd and Anor v Connective Services Pty Ltd and Ors (No S APCI 2017 125) – construction and operation of s 260A of the Corporations Act 2001 (Cth) (reserved) (led by Allan Myers QC).
Heckler & Koch GMBH v Faxtech Pty Ltd; Faxtech Pty Ltd v Heckler & Koch GMBH and the Commonwealth of Australia (No S CI 2012 6005) – Defence procurement; alleged claims in tort and contract (settled after three weeks of trial) (led by Fiona McLeod SC and Caroline Kenny QC).
Liaoning Zhongwang Group Co Ltd v Alfield Group Pty Ltd  FCA 1223 – international commercial arbitration; bases to resist enforcement of foreign arbitral award under the International Arbitration Act 1974 (Cth) (led by Martin Scott QC).
ASIC, in the matter of Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) v Golden Financial Group Pty Ltd (No 2)  FCA 1267 – pecuniary penalties; principles applicable to agreed proposed penalty (led by Bernard Quinn QC).
ASIC v NSG Services Pty Ltd  FCA 345 - test case about the operation of Part 7.7A of the Corporations Act 2001 (led by Bernard Quinn QC).
Nicholas Olandezos v Bhatha  VSC 234 – removal of caveats over land vested in ASIC (unled, opposed to Senior Counsel).
ASIC v Cash Store Pty Ltd (in liquidation)  FCA 926 – test case about the operation of Ch 3 of the National Consumer Credit Protection Act 2009 (led by David O’Callaghan QC (now the Honourable Justice O’Callaghan)).
ASIC v The Cash Store (in liquidation) (No 2)  FCA 93 – pecuniary penalties; principles applicable to fixing penalties for systemic contraventions; largest penalty ever awarded in a civil penalty proceeding by ASIC (with Emrys Nekvapil).
ACCC v Energy Australia Pty Ltd and Anor  FCA 274– contraventions of the Australian Consumer Law; misleading or deceptive conduct; pecuniary penalties (unled).
Kazakhstan Potash Corporation Limited v Arulampalam and Ors  VSC (settled) – share option transactions; breach of contract; unjust enrichment (with Carrie Rome-Sievers).
Tulip Real Estate and Development Netherlands B.V. v. Republic of Turkey  – large-scale international arbitration; counsel assisting the Arbitral Tribunal chaired by Dr Gavan Griffith AO QC.
Industrial and employment law
Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd  FCA 1494 – construction of enterprise agreement (led by Steven Moore QC).
Application for termination of the Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Retail Agreement 2011  FWCFB (settled) – defending application under s 225 of the Fair Work Act to terminate enterprise agreement (led by Stuart Wood QC).
Monash University v National Tertiary Education Industry Union  FWCFB 2420 – appeal to the Full Bench of the Fair Work Commission; s 217 of the Fair Work Act (unled, opposed to Senior Counsel).
Fair Work Ombudsman v The Australian Workers’ Union  FCA 528 – statutory construction, operation of s 342, s 343 and s 348 of the Fair Work Act, summary dismissal principles (led by Herman Borenstein QC).
Royal Commission into Trade Union Governance and Corruption (2014-2015): application that the Honourable Dyson Heydon AC disqualify himself from further conduct of the Royal Commission (led by Herman Borenstein QC); appearing in relation to several case studies (led by Richard Attiwill QC).
Farstad Shipping (Indian Pacific) Pty Ltd v The Maritime Union of Australia  FWC 8130 – protected industrial action; allegations of pattern bargaining; notice requirements under s 414 of the Fair Work Act (led by Steven Moore, now QC).
BAO16 v Minister for Immigration and Border Protection and Anor (VID 772/2017) – alleged jurisdictional error; appeal from Federal Circuit Court (reserved) (with Georgina Costello).
Khalid v Secretary, Department of Transport, Planning and Local Infrastructure  VSCA 115 – discrimination; statutory construction; protective costs orders (led by Saul Holt QC).
Mokbel v The Queen and Attorney-General (Cth)  HCATrans 321 – High Court special leave application; abuse of process; extradition (led by Ron Merkel QC).
MZZMA v Minister for Immigration and Anor  FCCA 125 – judicial review application; jurisdictional error; decision-maker’s failure to apply correct legal test (unled).
MZADG v Minister for Immigration and Anor  FCCA 3222 - constructive failure to exercise jurisdiction; procedural fairness (unled).
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