Matthew has 15 years' experience specialising in commercial, corporate and regulatory litigation. He also acts in white collar crime.
Matthew has particular expertise in:
Matthew regularly appears in substantial matters unled, or with a range of senior counsel. He also leads other more junior counsel, particularly in urgent or specialised matters. Before coming to the Bar, Matthew was a senior and experienced solicitor, and works closely in support of his instructors.
Matthew is frequently instructed either for or against a wide range of regulatory authorities, both Commonwealth and State. He previously worked at both ASIC and the Financial Services Authority (UK), where he played a key role in the UK's largest successful criminal insider trading prosecution. Matthew has conducted compulsory examinations, and also appeared for examinees.
Matthew is a member of the Law Council of Australia's Corporations and Securities Law committee. He regularly writes and speaks on the topic of financial services law, energy regulation, and regulatory matters more generally, including a guest lecture at Monash University; articles in the Company & Securities Law Journal, Inhouse Counsel and the Banking & Finance Law Bulletin; and a guide to the National Energy Regime, published by Energy Consumers Australia.
The matters below are illustrative of Matthew’s recent experience.
Regulatory and public law - mostly in a commercial context
Commercial and corporate
Some of Matthew’s notable experience as a solicitor, or in-house lawyer, is set out below.
Matters as instructing solicitor
Wood v Astra Resources Ltd  FCA 1192 – acting for foreign liquidators in relation to cross-border insolvency issues (with Ian Thomas as counsel).
ASIC v Astra Resources Ltd (No 2)  FCA 560 - acting for foreign liquidators of an English company, in civil penalty proceedings brought by ASIC against the company in liquidation (with Ian Thomas as counsel).
Beachley Street Pty Ltd v Commonwealth & Ors (2016) Supreme Court - acting for the Commonwealth in a complex multi-party dispute concerning liability for environmental contamination at a former Commonwealth industrial facility (with Tom Howe QC as counsel, settled).
Substantial executive fraud (2016) Supreme Court – leading a covert investigation in relation to a substantial executive fraud, and successfully obtaining freezing orders (with Andrew Tragardh as counsel).
Investigation regarding 21st Century ‘land banking’ schemes (2015) – leading the initial stages of a major ASIC investigation into unregistered managed investment schemes.
ASIC v Avestra Asset Management Ltd (2015) Federal Court - leading an ASIC investigation against a licensed operator of managed investment schemes, obtaining orders for the appointment of provisional liquidators (with Jonathon Moore QC and Tom Clarke as counsel).
Marijancevic v Roads Corporation  VSC 339;  VSC 240;  VSCA 181 – successfully defending judicial review proceedings brought against VicRoads in the Supreme Court and Court of Appeal (with Nick Wood as counsel).
Keddel v Roads Corporation (2014) Magistrates Court - merits review under the Road Safety Act, concerning fitness to drive issues after epileptic seizure causing an accident (with Sarala Fitzgerald as counsel).
JSRM v Tertiary Education Quality Standards Agency (2014) AAT – acting for a registered higher education provider in a merits review challenging the cancellation of its registration (with Helen Symon QC, Haroon Hassan and Angel Aleksov as counsel, settled).
Kastrinakis v ACPA  FCA 995 - successful judicial review proceeding against the Australian Community Pharmacy Authority (with Suresh Senathirajah as counsel).
In the matter of FEA Plantations Ltd (subject to DOCA) (receivers appointed)  FCA 1331 – application for winding up of forestry managed investment schemes (with Philip Crutchfield QC and Oren Bigos as counsel).
Forest Enterprises Australia Ltd (subject to DOCA) (receivers and managers appointed) v Tasmanian Plantation Ltd (subject to DOCA) (controllers appointed) & Ors (2013) Supreme Court - acting for receivers of an operator of forestry managed investment schemes, in a proceeding against a class of several thousand scheme members regarding the termination of leasing arrangements and forestry rights (with Philip Crutchfield QC and Oren Bigos as counsel, settled).
Burdett-Baker, in the matter of AFS Group Ltd (in liquidation) v National Australia Bank Ltd & Anor  FCA 799 – application by liquidator for directions regarding determination of third party rights (with Ed Moon and Catherine Gobbo as counsel).
Advising a superannuation administrator in respect of complex liability and insurance issues arising from a major failure in its IT system, affecting thousands of members (2013).
Operation Saturn – R v Mustafa and Ors (2012) – working on the UK’s largest ever successful insider trading prosecution (with Michael Bowes QC and Gillian Jones as counsel).
Casey v State Trustees Ltd (2010) Federal Court - defending an investor class action brought by ASIC in relation to the collapse of the Westpoint Group, bringing 26 third party claims (with Robin Brett QC and Greg Ahern as counsel, settled).
Barber v Kylow Pty Ltd & Ors (2010) Supreme Court of NSW - acting for a German bicycle producer in a cross-border product liability claim, where the plaintiff suffered catastrophic brain damage and our client had contribution claims against parts suppliers and manufacturers in Taiwan (with James Sheller as counsel).