Roshan practises in commercial and public law. He regularly appears in trial and appellate proceedings, including in class actions, large commercial and arbitral proceedings, regulatory proceedings and public law proceedings.
Before coming to the Bar, Roshan was an Associate to the Hon Justice Stephen Gageler AC at the High Court of Australia. Prior to that, he was an Associate at the Federal Court of Australia for two years (first to the Hon Justice Christopher Jessup and then to the Hon Justice Michelle Gordon AC), and a solicitor at Clayton Utz and Corrs Chambers Westgarth.
Roshan holds a Bachelor of Civil Law with Distinction from the University of Oxford. He completed his undergraduate studies in law in 2008, graduating near the top of his class and receiving several academic prizes. He has previously taught corporations law at the Melbourne Law School and worked as a Graduate Researcher at the University of Oxford. Roshan is a reporter for the Commonwealth Law Reports.
A selection of matters in which Roshan has been briefed include:
Commissions and Inquiries
- Board of Inquiry into the Hotel Quarantine Program – acted for the Department of Jobs, Precincts and Regions before the Board of Inquiry into the Hotel Quarantine Program (led by Julie Condon QC, with Rebecca Preston and Tim Jeffrie)
- Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry – acted for ASIC in the Financial Services Royal Commission (led by Peter Collinson QC and Lisa Nichols SC, with Caryn Van Proctor and Christopher Tran)
- Royal Commission into Victoria’s Mental Health System – part of the team providing assistance to Counsel assisting the Commission (led by Lisa Nichols QC)
Class Actions
- FNH United Pty Ltd v United Petroleum Franchise Pty Ltd (ongoing) - acting for the defendant in a franchisee class action (led by Phillip Crutchfield KC and Sam Rosewarne KC, with Anna Batrouney)
- Canaan v The Reject Shop (ongoing) - acting for the defendant in a class action alleging underpayment (led by Penny Neskovcin KC and Matthew Follett SC)
- Green v Graincorp Oilseeds Pty Ltd (ongoing) - acting for the defendant in a class action alleging nuisance (led by Penny Neskovcin KC)
- Roo Roofing Pty Ltd v The Commonwealth [2019] VSC 331– acted for the plaintiffs in a class action alleging breach of contract, negligence and misrepresentation against the Commonwealth in respect of the Home Insulation Program (including interlocutory proceedings – see [2017] VSC 694, [2018] VSC 219, [2018] VSC 232, [2018] VSC 330, [2018] VSC 338) (led by Jim Delany QC, with Dr Catherine Button and Caryn Van Proctor)
- TPT Patrol Pty Ltd v Myer Holdings Limited [2019] FCA 1747 – acted for the defendants in defending a shareholder class action (led by Ian Waller QC, with Paul Liondas)
- Kamasaee v The Commonwealth (Manus Island Class Action) (VSC) – acted for Broadspectrum (formerly Transfield) in defending a class action alleging negligence and false imprisonment (led by Jim Delany QC, with Lisa Nichols and Maree Norton) (settled)
Construction law and arbitral proceedings
- Gas Pipeline Arbitration – acting for the owner and operator of a gas pipeline in defending arbitral proceedings brought by a State entity (led by Nick Pane QC, Andrew Hanak QC and Andrew McClelland QC, with Roman Rozenberg)
- Gas Export Facility Arbitration – acted for the design and construct contractor for a large gas processing and export facility in large-scale arbitral proceedings (led by Jeff Gleeson QC, with Kathryn Stynes)
- Wadren Pty Ltd v Probuild Constructions (Aust) Pty Ltd (VSC, ongoing including [2023] VSC 348) - acting for the co-owners of the Pacific Werribee Plaza in relation to a claim concerning significant building defects and misleading and deceptive conduct (led by Jeff Gleeson KC and Nick Pane KC)
- Mammoet Pty Ltd v Goldwind Australia Pty Ltd (VSC, ongoing) - acting for Goldwind Australia Pty Ltd in relation to claims and counterclaims concerning defective works at wind farms at Stockyard Hill and Moorabool North (led by Nick Pane KC and John Gurr SC, with Justin Tevelein)
- Lendlease Construction (Southern) Pty Ltd v Stantec Australia Pty Ltd (WASC, ongoing) - acting for Stantec in defending claims concerning Curtin University's School of Design (led by Nick Pane KC)
- Cladding Rectification Matters (VSC, County Court and VCAT, ongoing) - briefed for the State of Victoria in relation to each matter in which the State seeks compensation by virtue of its subrogation under s 137F of the Building Act 1993 (Vic) (led by Nick Pane KC and Gabi Crafti SC, with Geraldine Gray)
- Port Phillip City Council v McKenzie Group Pty Ltd (VSC, ongoing) - acting for the Council in proceedings alleging breach of the statutory warranties under the Domestic Building Contracts Act 1995 (Vic) (led by Penny Neskovcin KC)
Commercial law
- Terracom Ltd v Australian Securities and Investments Commission [2022] FCAFC 151 (including earlier proceedings, [2021] FCA 745 and [2021] FCA 208) - acting for ASIC in successfully challenging claims of legal professional privilege (led by Dr Sue McNicol KC)
- Chan v Valmorbida Custodians (including interlocutory proceedings, [2021] VSC 527) - acting for the trustee in an action alleging breach of duties (led by Justin Graham KC)
- Australian Dairy Farmers Corporation v Regal Creams Pty Ltd – acted for the respondents in a successful expert determination concerning milk pricing (led by David Batt QC)
- Omar Property Pty Ltd v Amcor Flexibles (Port Melbourne) Pty Ltd [2020] VSC 216 – acted for the plaintiffs in successfully seeking declaratory relief and ejectment in relation to a commercial lease with the defendant (including interlocutory proceedings – see [2019] VSC 446, [2019] VSC 627, [2020] VSC 17) (led by Michael Borsky QC)
- Australian Property Custodian Holdings Pty Ltd v Woolridge & Ors; Australian Property Custodian Holdings v Lewski & Ors (VSC) – acted for a firm of solicitors in defending proceedings alleging breaches of fiduciary and statutory duties (led by Jim Delany QC, with Dean Luxton) (settled)
- De Simone v Legal Services Board [2017] VSC 471 – acted for the plaintiffs in an appeal against the dismissal by the Legal Services Board of a claim on the Fidelity Fund (led by Albert Monichino QC)
Public law
- City of Port Phillip v Shout Rock Cafe Pty Ltd (VSCA) - acting for the City of Port Phillip in a proceeding concerning the scope of a municipal building surveyor's powers under the Building Act 1993 (Vic) (led by Claire Harris KC)
- Tarkine National Coalition Inc v Director, Environment Protection Authority [2023] TASSC 3 - acting for a permit application in successfully defending an appliation for judicial review (led by Kate Cuthbertson SC)
- W Everton Park Pty Ltd v Minister for Planning [2022] VSCA 243 (including earlier proceedings, [2021] VSC 465) - acting for the plaintiffs in a challenge to a planning scheme amendment (led by Stuart Morris KC)
- Mondib Pty Ltd v Moonee Valley City Council [2021] VSC 722 - acting for the plaintiff in successfully overturning the Tribunal's well established approach to interpreting the scope of the permissible amendment to a planning permit (led by Stuart Morris KC)
- LPG Laverton No 5 Pty Ltd v Australian Vinyls Pty Ltd [2020] VSC 689 – acted for the respondent in an appeal from VCAT concerning the proper scope of s 62A(1B) of the Environment Protection Act 1970 (Vic) (led by Adrian Finanzio SC)
- Kaur v Minister for Immigration and Border Protection [2019] FCAFC 53 – acted for the appellants in a successful appeal from a decision of the Federal Circuit Court (unled)
- DKT16 v Minister for Home Affairs [2019] FCAFC 208 – acted for the Minister in successfully defending an appeal from a decision of the Federal Circuit Court (unled)
- Australian Workers’ Union v Registered Organisations Commission [2019] FCA 309 – acted for the Minister for Jobs and Industrial Relations, the Hon Kelly O’Dwyer MP, and the Department of Jobs and Small Business in successfully defending a claim for access to documents on the grounds of legal professional privilege (led by Dr Sue McNicol QC)
- Telstra Corporation Ltd v Melbourne City Council [2020] FCA 305 – acted for the plaintiff in a proceeding successfully contending for a particular construction of the Telecommunications Act 1997 (Cth) (appeal judgment reserved) (led by Stuart Morris QC)
- HFM045 v The Republic of Nauru [2017] HCA 50 – acted for the appellant in a successful appeal from a decision of the Supreme Court of Nauru (led by Peter Hanks QC)
- Shire of Kellerberin v Nyoni [2018] HCATrans 27 – successfully resisted an application for special leave to appeal to the High Court against Full Federal Court decision concerning misfeasance in public office (led by Dan Star QC)
Land acquisition and compensation
- AM HT Development No 4. Pty Ltd v Secretary to the Department of Transport [2023] VSC 3 (on appeal) - acting for the plaintiff in a claim concerning what constitutes a sufficient interest for a claim to compensation under the Major Transport Project Facilitation Act 2009 (Vic) (led by Stuart Morris KC and Claire Harris KC)
- Mason v Head, Transport for Victoria [2021] VSCA 19 – acted for Head, Transport for Victoria in proceedings referred to the Court of Appeal concerning the correctness of a previous judgment of the Court of Appeal (led by Lisa Hannon SC)
- Melbourne Water Corporation v Caligiuri [2020] VSCA 16; Caligiuri v Attorney-General (Victoria ) (No 2) [2019] VSC 365 – acted for the Attorney-General in successfully resisting a claim that the exercise of certain statutory powers by the Governor in Council were conditioned by a requirement to afford procedural fairness (led by Liam Brown, Crown Counsel at first instance and by Jim Delany QC on appeal)
Environment & Planning
- TPSC Pty Ltd v Kingston City Council [2019] VSCA 204 - acted for the appellant in an appeal concerning the proper construction of a statutory agreement (led by Pat Zappia QC)
- Hudson Yards Pty Ltd v Minister for Planning [2018] VSC 277 - acting for the Minister in successfully resisting a challenge to the use of his call-in powers (led by David Batt QC)
- Moreland City Council v Glenroy RSL sub-branch [2018] VSC 126 – acted for the applicant in a successful appeal seeking judicial review on the grounds of jurisdictional error (led by Adrian Finanzio SC)
- RSSB Australia Pty Ltd v Ross [2017] VSC 314 – acted for the applicant in a successful appeal from VCAT concerning the proper meaning of “place of worship” (led by Stuart Morris QC)
- Inquiry and Advisory Committee into North-East Link Project – acted for the Department of Transport (including VicRoads and Public Transport Victoria) in the West Gate Tunnel inquiry (led by Paul Connor QC)
- Inquiry and Advisory Committee into the West Gate Tunnel Project – acted for the Roads Corporation (VicRoads) in the West Gate Tunnel inquiry (led by Paul Connor QC)
Civil procedure
- Alex Fraser Pty Ltd v Minister for Planning [2018] VSC 391, [2018] VSC 152 – acting for the applicant in a successful application for preliminary discovery (led by Stuart Morris QC)
- Colonial Range Pty Ltd v Akritidis [2017] VSC 337 – acted for the applicant in an application for preliminary discovery (led by Jason Pizer QC)
A complete list of the matters in which Roshan has been briefed may be viewed by downloading his CV from the link provided above. Please click here to view the List A Barristers profile of Roshan Chaile