Rachel Amamoo
Room 22.01,
525 Lonsdale Street
Melbourne VIC 3000
AustraliaDate of Admission:
04 Jul 2007
First Signed Bar Roll:
02 May 2019
Division of Bar Roll:
Victorian Practising Counsel
Qualifications:
BEc (Adel), Hons Politics (Adel), LLB (Hons)(Adel), LLM (Columbia), MPub&IntLaw (Melb)
Admitted Elsewhere:
South Australia (1998), NSW (1999), New York (2002)
Previous Occupation:
Special Counsel, Victorian Government Solicitor's Office; Senior Associate, Freshfields Bruckhaus Deringer (London); Associate, Fried Frank (New York); Solicitor, Blake Dawson Waldron (Sydney); Associate, Federal Court
Profile:
Rachel has a trial and appellate practice in commercial law and public law.
Since joining the Bar, Rachel has appeared in the Federal Court, the Supreme Court and the County Court (led and unled). She has also appeared in the High Court. Please click the Cases tab above for a list of some of Rachel's recent cases.
Rachel has extensive experience advising on complex issues of law, including constitutional law, intergovernmental agreements, government liability in negligence, statutory interpretation and water resources.
Before coming to the Bar, Rachel practised as a solicitor in both commercial litigation and public law. Rachel has more than 7 years experience in commercial litigation as a solicitor and was based in Sydney, New York and then, as a Senior Associate at Freshfields Bruckhaus Deringer, in London. She also worked at the Victorian Government Solicitor's Office, where she was Special Counsel and for several years managed the Constitutional and Advice team (formerly the Public Law team).
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. She holds a Master of Public and International Law from Melbourne Law School, where she graduated with a first class honours average mark. Rachel also holds first class honours degrees in politics and in law from the University of Adelaide, where she received various academic prizes in law.
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
Class actions — alleged negligence in the implementation of the Hotel Quarantine Program — Roberts proceeding summarily dismissed — 5 Boroughs proceeding struck out — led by Rachel Doyle SC and with Liam Brown, Crown Counsel, for the defendants
Old Shack Pty Ltd & Ors v Mornington Peninsula Shire Council & Anor (Supreme Court, Vic)
Alleged nuisance — alleged withdrawal of support — alleged negligence in respect of failure to mitigate coastal erosion — led by Tomo Boston QC, for the defendants
CONSTITUTIONAL
Correct test as to jurisdiction of State Tribunal ― judicial power ― federal jurisdiction ― disability discrimination ― inconsistency between Commonwealth and State laws ― led by Dr Stephen Donaghue QC, Solicitor-General of the Commonwealth and with Frances Gordon, for the Attorney-General of the Commonwealth (intervening)
Construction dispute concerning building work for the Republic of Turkey ― question as to jurisdiction of State Tribunal ― led by Dr Stephen Donaghue QC, Solicitor-General of the Commonwealth, for the Attorney-General of the Commonwealth (intervening)
Appeal from conviction on constitutional grounds ― implied freedom of political communication ― with Liam Brown, Crown Counsel, for the Victorian Attorney-General (intervening)
Department of Primary Industries and Regional Development v Emanuel Exports Pty Ltd (Magistrates Court, WA, Case No 7711-7726)
Prosecution under WA animal welfare law in respect of export of livestock ― inconsistency between Commonwealth and State laws ― led by Peter Hanks QC, for the accused
APPEALS ― FULL COURT ― GENERAL
Application for leave to appeal decision re whether worker was an employee ― led by Ron Merkel QC and with Emrys Nekvapil, for the applicant
Whether there existed a contrary intention so as to displace the operation of a statutory counting rule ― led by David Batt QC, for the first respondent
Application concerning the availability of habeas corpus ― with Liam Brown, Crown Counsel, for the Secretary to the Department of Justice and Community Safety
TAX, DUTIES and GENERAL COMMERCIAL
Appeal from decision referred to below ― led by Chris Horan QC, for the Panel
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 Chris Horan QC, for the Panel
Vicinity & Ors v Commissioner of State Revenue (Supreme Court, SECI 2021 0032, SECI 2021 0033)
Appeal from determination of duty under Duties Act 2000 (Vic) on transfer of land ― led by Ron Merkel QC and with Emrys Nekvapil, for the Commissioner of State Revenue
Application to hear separate question concerning nature of the appeal ― led by Ron Merkel QC, for the
Commissioner of State Revenue
Application for order seeking referral of matter to VCAT ― led by Ron Merkel QC and with Emrys Nekvapil, for the Commissioner of State Revenue
COMMISSIONS AND INQUIRIES
Briefed by Victoria as a member of the State Counsel team ― led by Richard Attiwill QC
GENERAL JUDICIAL REVIEW & OTHER CASES
Application for review of a decision concerning the removal of feral horses from the Alpine National Park ― led by Jason Pizer QC, for Parks Victoria
Injunction sought to restrain Parks Victoria from taking certain action in relation to
feral horses in the Alpine National Park ― led by Christopher Caleo QC and with Emrys Nekvapil, for the respondent
Former member of Building Appeals Board acting as expert witness ― whether reasonable apprehension of bias ― unled, for the Building Appeals Board
Application for leave to appeal VCAT decision made under Working With Children Act 2005 (Vic) ― with Liam Brown, Crown Counsel, for the Secretary
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
Appeal ― concerning decision not to revoke visa cancellation ― unled, for the appellant (Federal Court pro bono referral)
Appeal ― concerning decision not to revoke visa cancellation ― led by Richard Knowles QC, for the Minister
Appeal from decision referred to below ― migration ― led by Chris Horan QC, for the Minister
Application for review of a decision of the Administrative Appeals Tribunal ― migration ― unled, for the Minister
Application for review of a decision of the Federal Circuit Court ― migration ― unled, for the Minister
Appeal from a decision of the Federal Circuit Court ― migration ― with Angel Aleksov, for the appellant (appeared unled) (Federal Court pro bono referral)
ADVICES
Since coming to the bar Rachel has provided advice both unled and as junior counsel to various Senior Counsel including ― Kristen Walker QC, Victorian Solicitor-General ― Rowena Orr, Victorian Solicitor-General ― Ron Merkel QC ― Peter Hanks QC ― Jim Delany QC ― Rachel Doyle SC ― Jason Pizer QC ― Chris Horan QC ― Claire Harris QC ― Lisa De Ferrari SC ― Tomo Boston QC ― Richard Knowles QC ― Elizabeth Raper SC ― and with Liam Brown, Crown Counsel.
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have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.