Xuelin has acted for numerous Australian and international corporations and government bodies in commercial, insurance, property, professional negligence and land compensation disputes. Her clients have included CBA, Apple, AMP, Toyota, Myer, Bega, Cricket Australia, the Port of Melbourne, Development Victoria, water authorities and insurers such as IAL, Great Lakes, Ansvar, VMIA and the LPLC. She brings a depth of experience and strategic approach to all of her matters. Below is a selection of matters Xuelin has been briefed in since coming to the Bar - led and unled.
Xuelin studied at the Australian National University as a national undergraduate scholar. She was also awarded a summer research scholarship and has studied at the University of California, Berkeley.
Selection of matters
Commercial (general and class actions)
- Anthony v Apple Inc; Epic v Apple Inc (with M Darke SC, S Free SC) (ongoing) - Federal Court - two proceedings, one a class action and the other brought by Epic in relation to the Apple's App Store
- Rowe v Toyota Motor Corporation Australia Limited (with C Caleo KC and P Liondas) (ongoing) - Supreme Court of Victoria - class action alleging existence of "defeat devices" in vehicles
- Williams v Toyota Motor Corporation Australia Limited (Initial Trial) [2022] FCA 344; and appeal (2023) 296 FCR 514 (with R Dick SC, A D'Arville) - Federal Court - class action about diesel particulate fuel system. Includes judgment on the power to award aggregate damages: [2021] FCA 1425
- Mutch v ISG Management Pty Ltd (with F Parry QC, C Button QC) (2021) - Federal Court - class action about status of workers
- Alcoa of Australia Ltd v AusNet Transmission Group Pty Ltd (with P Herzfeld SC) (ongoing) - claims relating to power outage at Alcoa plant in 2016
- Seven Network (Operations) Pty Ltd v Cricket Australia (with J Gleeson KC, A Dinelli) (2022) - Federal Court - claims about compliance with a media rights agreement
- Fonterra Brands (Australia) Pty Ltd v Bega Cheese Ltd [2021] VSC 75 (with C Button QC, J Davis QC) - trade mark licensing and other disputes. Interlocutory judgments include (No 4) [2020] VSC 16 and (No 6) [2020] VSC 96 involving privilege claims and [2021] VSC 117 (unled) on costs
- Finance & Guarantee Company Pty Ltd v Auswild [2019] VSC 664 (with A Strahan QC) - directors' duties
- VicBeef Holdings Pty Ltd v Chen [2021] VSC 546 (with C Moller) - directors' duties
- S Pty Ltd v B V (No 2) [2019] VSC 814 (with C Button QC) – cross-vesting
- Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (with J Karkar QC, S Finch SC ) (2018) – for Commonwealth Bank of Australia
- Shareholder dispute; validity of board resolutions (with S Anderson QC) (2018)
Insurance disputes
- Acting for Insurance Australia Ltd in numerous Federal Court proceedings following the collapse of Greensill (with S Finch SC, W Harris KC, D Thomas SC) (ongoing) - claims relating to trade credit insurance policies
- Princess Theatre Pty Ltd v Ansvar Insurance Ltd (with A Hanak KC) (ongoing) - Federal Court - business interruption claims under ISR policies relating to COVID-19
- Murray Goulburn Co-operative Co. Limited v AIG Australia Limited (2021) 389 ALR 453 (with W Harris QC) - declaratory relief relating to indemnity under a commercial insurance policy
- Renex Op Co Pty Ltd v AIG Australia Ltd (with C Archibald KC) (2017-2022) – Federal Court - material damage and consequential loss claims under ISR policies arising from fire events at a contaminated waste processing facility
- Metricon Homes Pty Ltd v Great Lakes Insurance SE (with A Hanak QC) (2020) – Supreme Court of Victoria - building insurance claims
Property and construction
- Central Pier (Docklands) Pty Ltd v Development Victoria (with C Caleo KC) (2024) – Federal Court - lease dispute about Central Pier at Docklands
- Biodiversity Sub TC Pty Ltd v Vaughan Constructions Pty Ltd (with R Andrew KC) (2023) - Supreme Court of Victoria - construction dispute
- Merrifield Corporation Pty Ltd v FAL Mickleham Pty Ltd (with J Slattery KC) (ongoing) - restrictive covenant in the Merrifield Business Park
- S Pty Ltd v B V [2019] VSC 125 (with C Button QC) – property law; mortgage; possession; inspection of property; order 53
- Forestfield Corporation Pty Ltd v Vanessa Flegg Pty Ltd (Building and Property) [2019] VCAT 1503 (unled) - commercial lease dispute
- Confidential commercial arbitration (unled) (2021) - quality of works in a residential development
- Confidential commercial arbitration (with S Horgan QC then M Osborne QC) (2018) – commercial redevelopment; lease dispute
Professional negligence
- Incitec Pivot Ltd v Rema Tip Top Material Processing Australia Pty Ltd (unled) (2023) - Supreme Court of Victoria - acted for a contractor relating to quality of works at a fertiliser plant
- Orwin v Rickards [2020] VSCA 225 (with C Caleo QC) - acted for solicitor in appeal
- ADCO Constructions (Vic) Pty Ltd v BK Consultants Pty Ltd (with C Archibald QC) (2019) - County Courty of Victoria - acted for an engineer in construction dispute
- Solicitor negligence claim (with P Murdoch QC) (2018) – Supreme Court of Victoria
Land compensation
- Hermal Timber Nominees Pty Ltd v Head, Transport for Victoria (2022) - Supreme Court of Victoria - claim for compensation for acquisition of land to construct the Mordialloc Freeway Project; appeared unled at hearing on separate questions
- Crowe v Head, Transport for Victoria [2021] VSC 180 (with S Goubran QC) - claim for compensation for acquisition of land to construct the Drysdale Bypass; zoning issues
- Barrow v Yarra Valley Water (unled) (2022) - VCAT - claim for compensation for acquisition of easement interest
- Acting for Victorian authorities in land compensation disputes
Restructuring and insolvency
- DuluxGroup Ltd, in the matter of DuluxGroup Ltd (2019) 136 ACSR 546; DuluxGroup Ltd, in the matter of DuluxGroup Ltd (No 2) [2019] FCA 1225 (with T Boston QC) - Federal Court - scheme of arrangement by which Nippon Paint acquired shares in DuluxGroup
- Specialist Australian Security Group Pty Ltd (in liq) v Onwatch Pty Ltd (with S Maiden QC) (2019) – Supreme Court of Victoria - liquidation; contract claims
- JLM Fencing Pty Ltd v S P Builders Pty Ltd (unled) (2019) - Supreme Court of Victoria - winding up; substitution of plaintiff
- Yeo & Rambaldi v Mitrevska (unled) (2018) – Federal Circuit Court – bankruptcy
Public law
- Clark v Minister for the Environment (No 2) [2019] FCA 2028 (with C Caleo QC and S Goubran for the State of Victoria) - defence of application for injunction to restrain third party in judicial review proceedings; duplication of Western Highway
- McGlade v South West Aboriginal Land & Sea Council Aboriginal Corporation (No 2) (2019) 374 ALR 329 (with O Bigos QC) (2019) - Full Federal Court - judicial review of decision of the Registrar to the National Native Title Tribunal to register indigenous land use agreements (special leave refused)
- Hope v Racing Victoria Ltd (Review and Regulation) [2019] VCAT 931 (unled) – merits review of decision to refuse trainer licence
- Numerous unled appearances in migration matters in judicial review and appellate proceedings