Rachel practises in public and commercial law. She also has experience in common law proceedings involving novel tort claims.
Rachel is regularly briefed to advise and appear in State and Commonwealth courts. See the Extended Biography tab above for a selection of her matters.
Immediately before coming to the Bar, Rachel worked at the Victorian Government Solicitor's Office, where she was Special Counsel and for several years managed the public law team. Prior to that, Rachel worked as a solicitor in commerical litigation at Blake Dawson Waldron (now Ashurst) in Sydney, Fried Frank in New York, and Freshfields Bruckhaus Deringer in London.
Rachel holds a Master of Laws from Columbia University in New York, where she was named a Kent Scholar in recognition of outstanding academic achievement, and a Master of Public and International Law from Melbourne Law School. Rachel also holds first class honours degrees in politics and in law from the University of Adelaide, where she received several academic prizes in law. And she holds a Bachelor of Economics from the University of Adelaide.
Rachel read with Emrys Nekvapil. Her senior mentor was Rowena Orr QC.
Please click here to view the List A Barristers profile of Rachel Amamoo
CASES
Class actions & Tort claims involving government
5 Boroughs NY Pty Ltd v State of Victoria; Roberts v State of Victoria [2021] VSC 785
Alleged negligence in the implementation of the Hotel Quarantine Program — summary dismissal and strike out application — led by R Doyle SC and with L Brown, Crown Counsel, for the defendants
5 Boroughs NY Pty Ltd v State of Victoria (No 2) [2022] VSC 494
Alleged negligence in the implementation of the Hotel Quarantine Program — further strike out application — led by R Doyle SC and with L Brown, Crown Counsel, for the defendants
Fisher v Commonwealth of Australia [2023] FCAFC 106; (2023) 298 FCR 543; Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181
Whether Indigenous men enjoyed right to social security to lesser extent than non-Indigenous men — Racial Discrimination Act 1975 (Cth), s 10(1) — led by R Merkel KC and with T Farhall, for the applicant
Dover Financial v ASIC (Supreme Court of Victoria, 2022) unreported
Application for preliminary discovery ― allegations of neglience, misfeasance in public office and deceit ― application dismissed ― led by R Enbom KC, for the defendant
Joshi & Anor v Medical Board of Australia & Ors (Supreme Court of Queensland, 2022) resolved before hearing
Alleged negligence in exercise of functions under Health Practitioner Regulation National Law 2009 (Qld) ― application for summary dismissal ― led by J Pizer QC and with J Fitzgerald, for the defendants
Old Shack Pty Ltd & Ors v Mornington Peninsula Shire Council & Anor (Supreme Court of Victoria, 2022) resolved before hearing
Alleged nuisance and negligence in respect of failure to mitigate coastal erosion ― claim dismissed ― led by T Boston QC, for the defendants
Constitutional
Rehmat & Mehar Pty Ltd & Anor v Hortle (High Court, 2023) resolved before hearing
Inconsistency of laws ― charges laid under Wage Theft Act (Vic) ― whether inconsistent with Fair Work Act (Cth) ― led by R Orr KC, Solicitor-General for Victoria for the defendant and the Attorney-General for the State of Victoria (intervening)
Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16; (2022) 96 ALJR 476
Correct test as to jurisdiction of State Tribunal ― led by S Donaghue QC, Solicitor-General of the Commonwealth and with F Gordon, for the Attorney-General of the Commonwealth (intervening)
Republic of Turkey v Mackie Pty Ltd [2021] VSCA 77; (2021) 64 VR 467
Construction dispute ― question as to jurisdiction of State Tribunal ― led by S Donaghue QC, Solicitor-General of the Commonwealth, for the Attorney-General of the Commonwealth (intervening)
Emanuel Exports Pty Ltd v Department of Primary Industries and Regional Development [2023] WASCA 36
Judicial review of decision below ― led by P Hanks KC, for the appellant
Department of Primary Industries and Regional Development v Emanuel Exports Pty Ltd (Magistrates Court of Western Australia, 2021)
Inconsistency of laws ― prosecution under WA animal welfare law in respect of export of livestock ― led by P Hanks QC, for the accused
Cottrell v Ross [2019] VCC 2142
Appeal from conviction on constitutional grounds ― implied freedom of political communication ― with L Brown, Crown Counsel, for the Victorian Attorney-General (intervening)
Regulatory & Commercial/Tax
Vicinity & Ors v Commissioner of State Revenue (Supreme Court of Victoria) judgment reserved
Appeal from determination of duty under Duties Act 2000 (Vic) on transfer of land ― led by R Merkel KC and with C Young KC, for the Commissioner of State Revenue
Vicinity Funds Re Ltd v Commissioner of State Revenue (Vic) [2022] VSCA 176
Appeal from Vicinity Funds RE Ltd & Ors v Commissioner of State Revenue (No 2) [2021] VSC 687 (below) ― led by R Merkel QC and with E Nekvapil, for the Commissioner of State Revenue
Vicinity Funds RE Ltd & Ors v Commissioner of State Revenue (No 2) [2021] VSC 687
Application for order seeking referral of matter to VCAT ― led by R Merkel QC and with E Nekvapil, for the Commissioner of State Revenue
Vicinity Funds RE Ltd & Anor v Commissioner of State Revenue [2021] VSC 200
Application to hear separate question concerning nature of the appeal ― led by R Merkel QC, for the Commissioner of State Revenue
Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 2) [2022] FCAFC 30; (2022) 290 FCR 52; Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel [2022] FCAFC 4; (2022) 290 FCR 1
Appeal from Wilson Transformer Company Pty Ltd v Anti-dumping Review Panel (No 2) [2021] FCA 591 (see below) ― led by C Horan QC, for the Panel
Wilson Transformer Company Pty Ltd v Anti-dumping Review Panel (No 2) [2021] FCA 591
Application for review of decisions of the Anti-Dumping Review Panel ― decisions to terminate investigation arising from application for dumping duty notice under the Customs Act 1901 (Cth) ― led by C Horan QC, for the Panel
Owners Corporation PS419696X v Goh & Ors [2021] VSC 126; (2021) 63 VR 497
Former member of Building Appeals Board acting as expert witness ― whether reasonable apprehension of bias ― unled, for the Board
Eastern Van Services v Victorian Work Cover & Anor [2020] VSCA 154; (2020) 296 IR 391
Whether second respondent was a ‘worker’ as defined in Workplace Injury Rehabilitation and Compensation Act 2013 and entitled to compensation for personal injury ― led by R Merkel QC and with E Nekvapil, for the applicant
Australian Brumby Alliance Inc v Parks Victoria [2020] FCA 605; (2020) 277 FCR 559
Plan to remove brumbies from areas within Australian Alps — application for injunction restraining removal ― led by C Caleo QC and with E Nekvapil, for the respondent
Maguire v Parks Victoria [2020] VSC 303
Application for review of a decision concerning the removal of brumbies from the Alpine National Park ― led by J Pizer QC, for Parks Victoria
Secretary to the Department of Justice and Community Safety v EDX [2020] VSC 583
Application for leave to appeal VCAT decision made under Working With Children Act 2005 (Vic) ― with L Brown, Crown Counsel, for the Secretary
Waterfront Place Pty Ltd v Minister for Planning [2019] VSCA 156; (2019) 59 VR 556
Whether there existed a contrary intention so as to displace the operation of a statutory counting rule ― led by D Batt QC, for the first respondent
Secretary to the Department of Justice and Community Safety v MFK (Supreme Court, 2019) ex tempore judgment for the respondent
Application for leave to appeal VCAT decision made under Working With Children Act 2005 (Vic) ― unled, for the respondent
Migration
Craig v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 196 ― unled, for the appellant (Federal Court, pro bono referral)
Williams v Minister for Immigration and Border Protection [2021] FCAFC 182; (2021) 288 FCR 624 ― led by R Knowles QC, for the Minister
DQD16 v Minister for Immigration and Border Protection [2021] FCA 1586 ― led by C Horan QC, for the Minister
ANI15 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 798 ― unled, for the Minister
AWU16 v Minister for Immigration and Border Protection and Anor [2020] FCA 513 ― with A Aleksov, for the appellant (appeared unled) (Federal Court, pro bono referral)
Rachel has also appeared unled in various migration matters in the Federal Circuit and Family Court/ Federal Circuit Court.
Other matters
Williamson v Commonwealth of Australia & Ors [2023] NTSC 56
Jurisdiction of courts ― claim of foreign sovereign immunity by United States of America ― with L Barrett, for the Commonwealth
Dudley v A Judge of the County Court [2020] VSCA 179
Application concerning the availability of habeas corpus ― with L Brown, Crown Counsel, for the Secretary to the Department of Justice and Community Safety
Commissions & Inquiries
Royal Commission into National Natural Disaster Arrangements (2020)
Member of the State counsel team representing Victoria ― led by R Attiwill QC and with E Nekvapil, H Tiplady, H Hassan, K Brazenor and M Narayan