Eugenia Levine practises in commercial and public law. She has over 13 years of commercial law experience.
Eugenia has particular expertise in contractual disputes, international and domestic commercial arbitration, corporation law matters, trade practices, and securities and other class action litigation. Eugenia also accepts briefs in employment and industrial law matters and administrative law.
Prior to joining the Bar, Eugenia was an Associate at White & Case LLP in London, specialising in complex 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 a variety of commercial disputes.
Eugenia holds a Master of Laws with distinction from Columbia Law School in New York. She also holds 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.
Eugenia is a member of the Victorian Bar International Arbitration Committee, the Victorian Bar Pro Bono Committee and the Class Actions Committee of the Commercial Bar Association.
Liability limited by a scheme approved under the Professional Standards Legislation
Selected recent cases include:
Domestic construction arbitration under the Commercial Arbitration Act 2011 [2018 - ongoing] (led by M Scott QC for a State government department) (extension of time and delay damages claims; EPA regulatory issues)
Heckler & Koch GMBH v Faxtech Pty Ltd; Faxtech Pty Ltd v Heckler & Koch GMBH and the Commonwealth of Australia (No S CI 2012 6005)  (led by F McLeod SC and C Kenny QC for a Commonwealth government department) (settled after three weeks of trial; defending alleged claims in contract and tort; government tendering and procurement processes)
Degroma Trading Inc v Viva Energy Australia Pty Ltd  FCA 641 (led by M Scott QC) (stay of proceeding under s 7 of the International Arbitration Act 1974; shipping)
“Fundao Dam” securities class action [2018 – ongoing]:
- Impiombato v BHP Group Limited  FCA 350 (led by P Collinson QC) (defending application to stay civil proceeding)
- Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited (2019) 369 ALR 583 (led by B Quinn QC) (appeal to the Full Court of the Federal Court of Australia; competing class actions; consolidation of proceedings)
- Impiombato v BHP Billiton Ltd (No 2) (2018) 364 ALR 162 (led by B Quinn QC) (competing class actions)
- Impiombato v BHP Billiton Limited  FCA 1272 (led by B Quinn QC) (intervening in common fund application)
Fair Work Ombudsman v Australian Workers’ Union  FCA 60 (unled, opposed to Senior Counsel) (pecuniary penalties)
AB v XYZ Pty Ltd  VSC 788 (unled, opposed to Senior Counsel) (appeal on a question of law)
ASIC v Dover Financial Advisers Pty Ltd [2018 – ongoing]:
- ASIC v Dover Financial Advisers Pty Ltd (2019) 140 ACSR 561 (led by B Quinn QC) (misleading or deceptive conduct)
- ASIC v Dover Financial Advisers Pty Ltd (No 2) (2019) 140 ACSR 635 (led by B Quinn QC) (declarations of misleading or deceptive conduct)
J Wisbey & Associates Pty Ltd v UBS AG & Ors (VID 567 of 2019) (led by B Quinn QC) (foreign exchange cartel class action, ongoing)
Slea Pty Ltd v Connective Services Pty Ltd (2018) 359 ALR 159 (led by A Myers QC) (Victorian Court of Appeal; meaning of financial assistance under s 260A of the Corporations Act 2001)
ASIC v AGM Markets Pty Ltd (2018) 129 ACSR 335 (led by H Austin QC) (opposing application for a provisional liquidator)
ASIC v AGM Markets Pty Ltd (No 2)  FCA 1470 (led by H Austin QC) (anti-suit injunctions)
ASIC v NSG Services Pty Ltd (2017) 122 ACSR 47 (led by B Quinn QC) (test case about the operation of the FoFA best interests legislation; construction of s 961B, s 961G and s 961L of the Corporations Act 2001)
BAO16 v Minister for Immigration and Border Protection  FCA 1463 (with G Costello (now SC)) (appeal to the Federal Court of Australia; “real chance” test; evidence findings by a tribunal)
Fair Work Union v Australian Workers’ Union (2017) 271 IR 139 (led by H Borenstein QC) (summary dismissal principles; operation of s 342, s 343 and s 348 of the Fair Work Act 2009)
Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd  FCA 1494 (led by S Moore QC (now the Honourable Justice Moore)) (construction of enterprise agreement)
Liaoning Zhongwang Group Co Ltd v Alfield Group Pty Ltd  FCA 1223 (led by M Scott QC) (enforcement of foreign arbitral award under the International Arbitration Act 1974)
ASIC v Cash Store Pty Ltd (in liq)  FCA 926 (led by D O’Callaghan QC (now the Honourable Justice O’Callaghan)) (test case about the operation of Ch 3 of the National Consumer Credit Protection Act 2009)
ASIC v Cash Store Pty Ltd (in liq) (No 2)  FCA 93 (with E Nekvapil) (largest penalty ever awarded in a civil penalty proceeding by ASIC)
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 H Borenstein QC); appearing in relation to several case studies (led by R Attiwill QC)
ACCC v Energy Australia Pty Ltd  FCA 274 (unled) (misleading or deceptive conduct; pecuniary penalties)
Mokbel v The Queen and Attorney-General (Cth)  HCATrans 321 (led by R Merkel QC) (High Court special leave application; abuse of process; extradition)
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