John Gordon has an outstanding record of running important common law trials in Superior Courts since being called to the Victorian Bar in 2001. He has appeared, always bearing the onus of proof, in major litigation in Supreme Courts in Victoria, WA and the ACT, and in the Federal Court, leading evidence, cross examining highly qualified experts and making submissions. His clients were successful in all 12 Supreme Court matters in which he has appeared alone or as lead counsel.
He appeared as junior counsel in some of those same cases in the High Court, creating significant precedents, including Commonwealth v Cornwell (2007) 229 CLR 519, [2006] ACTCA 7, [2005] ACTSC 14 (superannuation for industrial employees) and Puttick v Tenon Ltd (2008) 238 CLR 265, [2007] VSCA 264, [2006] VSC 370 (forum/choice of laws).
John has argued in appeals in the Victorian Court of Appeal (Roman Catholic Trusts Corporation for the Diocese of Sale v WCB (2020) 62 VR 234) and the Full Court Federal Court (Innes v AAL [2017] FCFCA 202), and in the special leave application in the High Court in Commonwealth v Cornwell [2006] HCATrans 464. He drew the Respondents submissions in the Victorian Court of Appeal institutional child sexual abuse case of Comensoli v O’Connor [2023] VSCA 131 and was to argue 3 of the 5 grounds before the Appellant withdrew those grounds in opening. He also drew the Respondent’s submissions in the Victorian Court of Appeal in Seltsam v Reid [2021] VSCA 326 .
He has been in the vanguard of claims under the new laws relating to historical childhood sexual abuse, appearing alone opposed to silk, in the first application to set aside a past deed of release (WCB v Roman Catholic Trusts Corporation for the Diocese of Sale [2020] VSC 639, and on appeal), and a further application on the principle ( Pearce v Missionaries of the Sacred Heart [2022] VSC 697, presented arguments which have created significant precedents in discovery obligations in that list (Jagoe v Trustees of the Marist Brothers
[2022] VSC 563, Lenscak v Trustees of Marist Brothers [2020] VSC 766, (No 2) [2021] VSC 49), argued interpretations of the new legislation (WCB, Jagoe, O'Neil v State of WA DCWA Civ 562 of 2021), appeared in claims for survivors ( Perez v Reynolds & State of Victoria [2020] VSC 537) and achieved outstanding settlements for many others by mediation.
In asbestos disease litigation. John has appeared alone (invariably against silk), and led, in trials in Victoria and WA. he drafted submissions and appeared (led) in the VCA in Seltsam v Reid, maintaining a decision on damages for pain and suffering for mesothelioma, in which, at first instance, he had prepared the liability case, led evidence, cross-examined the Defendant’s expert witness and made submissions, including on the novel issue of damages pursuant to s. 28ID of the Wrongs Act. John has appeared as junior counsel in 2 asbestos appeals in the High Court and acts often in mediations winning substantial settlements.
Additionally to his major practice areas, John has been briefed in a diverse range of cases including; Asylum seeker psychiatric injury claim, tobacco litigation (he was junior counsel in McCabe v BAT [2002] VSC 73), advising in the "Robodebt” class action, claims for thalidomide victims, Bellarine cancer claims in the VSC and CCV, advising on Fiskville cancer claims, preparing DVT and Vioxx claims, advising on silicosis claims, superannuation claims by former Commonwealth employees, working with US attorneys on conflict and choice of laws issues in the White Island Volcano litigation, appearing on forum contests from accidents in Fiji, and advising the Banjima indigenous landowners on legal options for removal of asbestos waste from their traditional lands near Wittenoom in WA.
Prior to coming to the Bar John was a solicitor at Slater & Gordon where he acted for the asbestos disease victims of the Wittenoom blue asbestos mines and James Hardie employees and product users, and acted for landowners in Papua New Guinea in the Ok Tedi environmental litigation against BHP in the Supreme Court of Victoria and in PNG.
Whilst at the Bar John has been the National President of the Australian Lawyers Alliance a peak national lawyers’ group in litigation, civil justice and human rights areas and has served on the Bar Library Committee for 5 years. John has advised, pro bono, interest and advocacy groups. He has written numerous legal and medical journal articles, three chapters in textbooks and a review on the recent biography of HV Evatt for the Bar News. John was asked to write the Foreword for the book of the new play “Wittenoom” now on the VCE English curriculum. He has presented in CLE forums and is on the advisory council of a local college.