Tom Barry practises in commercial, regulatory and public law.
He acts regularly in high profile disputes arising from mergers and acquisitions, major infrastructure projects and complex financial transactions.
He is recognised for his business acumen and ability to apply the law to commercial and financial dealings.
Tom acted recently for:
- Cargill in the successful defence of a special leave application, and in an 8 day appeal, as senior junior to Steven Finch SC and Philip Solomon KC, in which the Victorian Court of Appeal upheld a judgment of more than $290m in favour of his client for misleading or deceptive conduct and deceit in the sale of a business. Tom also acted in the 114 day trial below;
- Fonterra Australia in a class action arising from the step down of the farm gate milk price; and
- The State of Victoria in Thorpe v Head, Transport for Victoria, successfully defending a challenge to a major transport project (the Sacred Trees case).
Prior to coming to the Bar, Tom was a Senior Lawyer at Gilbert + Tobin and a Senior Associate at Corrs Chambers Westgarth.
A selection of significant cases Tom has acted in include:
Commercial / Regulatory / Class Actions
- Viterra Malt Pty Ltd & Ors v Cargill Australia Ltd & Anor [2023] VSCA 157, an 8 day appeal raising issues of liability, quantum and interest in respect of a judgment of more than $290m for misleading or deceptive conduct and deceit (led by Steven Finch SC and Philip Solomon KC, with Minh-Quan Nguyen and Laila Hamzi); and the subsequent successful defence of an application for special leave to appeal [2023] HCASL 165
- DTZ Worldwide Limited v AIG Australia Limited Supreme Court of NSW Proceeding 2020/177998, concerning a significant warranty and indemnity insurance claim arising from the acquisition of a business
- Iddles v Fonterra Australia Pty Ltd S ECI 2020 0258, a substantial class action arising from a step down in the farm gate milk price (led by Robert Heath KC and Paul Liondas, with Lucy Dawson)
- Confidential expert determination, raising issues of contractual construction and complex expert accounting evidence (led by Justin Graham KC)
- Trulait International Ltd v Camperdown Powder Pty Ltd S ECI 2019 04730 concerning alleged breach of contract, unjust enrichment and relief against forfeiture in relation to a powered milk off-take agreement (led by David Batt QC)
- Kim Neo Ng v Morgans Financial Limited Federal Court Proceeding VID 367/2020 concerning a financial services dispute
Public Law
- Acting for Chris Fagan, Coach of the Brisbane Lions Football Club, in relation to an investigation commissioned by the Australian Football League into allegations concerning the period 2008-2016 when Mr Fagan was employed by the Hawthorn Football Cub (led by Liam Kelly KC and David Turner)
Construction / Insurance
- BEUT Property Pty Ltd v Bunnings Group Ltd S ECI 2020 02858 concerning liability for costs of construction under an Agreement for Lease (led by Robert Heath QC)
- CSR Building Products Limited v AIG Australia Limited S ECI 2022 00658 concerning insurance claims for defective building work under a significant construction contract
- CSR Building Products Limited v LMSD (Vic) Limited S ECI 2020 00390 concerning breach of warranty claims arising from a significant construction contract (led by Liam Kelly QC)
Valuation / Compensation / Land Tax
- Acting for Head, Transport for Victoria in respect of numerous claims for compensation arising from the compulsory acquisition and/or reservation of land or underground land in major infrastructure projects, including the Metro Rail Tunnel, Suburban Rail Loop and Westgate Tunnel projects
Other experience
Before coming to the Bar, Tom was the lead senior lawyer of teams in high profile matters including:
- for Bainbridge Grill'd in shareholder oppression proceedings in 2016 relating to Grill'd;
- for the State of Victoria to bring the East West Link project to an end in 2015;
- for Asahi in Federal Court proceedings involving claims of misleading or deceptive conduct and breach of warranties in a business sale which settled in 2014 for NZ$220m to Asahi; and
- for Mirvac Limited in the Trade Union Royal Commission in 2015 and, separately, in the Queensland Floods Commission of Inquiry in 2011 and 2012.
Tom is the Chair of an aged care facility for residents with a background in homelessness, and has sat on not for profit boards and sub-committees since 2011. He lectured economics at the University of Melbourne in 2007 and 2008 and tutored law at Newman College and economics at five residential colleges as an undergraduate.
Tom has a Master of Laws from Melbourne University, specialising in tax and competition law subjects.
Tom read with Dr Catherine Button QC (as Her Honour then was) and his senior mentor was Charles Scerri QC.