Matthew G S Crowley
Date of Admission:
01 Sep 2003
First Signed Bar Roll:
23 Jun 2017
Division of Bar Roll:
Interstate and Overseas Practising Counsel
Qualifications:
LLB & BA (Hons); LLM: G.Dip. Military Law (ANU)
Admitted Elsewhere:
US Supreme Court; US Tax Court; US District Court of Southern New York; New York State; Western Australia; Northern Territory.
Accepts briefs from in-house counselProfile:
Since returning in 2016 from a stint with the Federal Trade Commission in Washington DC and as visiting Fulbright scholar at Columbia University in New York, Matthew has set about establishing his practice at the Victorian and Western Australian bar (where he is based). He draws upon extensive experience as a public law litigator in all Australian courts, including the High Court of Australia. As a solicitor Matthew was General Counsel at WA’s Department of Commerce, and Senior Lawyer at the Australian Government Solicitor. Matthew is admitted in Western Australia and Victoria, and the US Tax Court, the US Supreme Court, and in New York. Matthew has a general public and commercial practice, with a tax and regulatory law specialty. He has a particular interest in US-Australian cross-border issues. Matthew maintains chambers at Francis Burt Chambers in Perth, but splits his practice with Melbourne.
Cases:
Clunies-Ross v Davis [2020] WASC 461
For successful plaintiff in interlocutory skirmish –Joinder - Whether shareholder who is not directly affected by proposed 'buy-out' order ought be party to proceedings
MQGT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 215
For successful appellant -MIGRATION – appeal – where leave sought to rely on
further amended notice of appeal – where leave sought to
adduce further evidence – leave granted – whether Tribunal
failed to comply with Ministerial Direction – whether
Tribunal failed to engage in an active intellectual process
with respect to representations made by the appellant about
fear of harm – whether Tribunal denied procedural fairness
– failure to direct appellant’s mind to issue of whether he
had a subjective fear of harm – jurisdictional error – appeal
allowed – Tribunal’s decision set aside
EAC16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1657
For successful appellant - led by Georgina Costello SC - MIGRATION – appeal from a decision of the Federal Circuit Court, which dismissed an application for judicial review of a decision of the Immigration Assessment Authority not to grant the appellant a visa – whether the accepted errors made by the Authority in its evaluation of new information for the purposes of s 473DD of the Migration Act 1958 (Cth) were material – realistic possibility of a different outcome found – appeal allowed.
Promsopa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1480
For successful appellant before the Chief Justice – MIGRATION – appeal from decision of Federal Circuit Court – where appellant granted partner visa – where appellant has a young child who is an Australian citizen and was born in Australia – where father of child is a temporary resident in Australia – where visa subsequently cancelled under s 109 of the Migration Act 1958 (Cth) after Department became aware that appellant was no longer in a genuine relationship with her sponsor at the time the visa was granted and thus did not comply with s 104 – where decision affirmed on review by Administrative Appeals Tribunal – where application for judicial review dismissed by Federal Circuit Court – whether Tribunal’s decision to affirm visa cancellation decision affected by jurisdictional error – whether Tribunal failed to take best interests of the child into account as a primary consideration – appeal allowed
Fernandez v Fernandez [2020] WASC 356
For successful defendant – Property law - Purchase of property by father for 'family' - Presumption of advancement - Turns on own facts
EMS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 174
For unsuccessful appellant –MIGRATION – appeal from decision of Federal Circuit Court dismissing application for review of Immigration Assessment Authority – complete audio recording of appellant’s entry interview not provided to Authority – whether failure to provide complete audio recording a contravention of s 473CB(1)(c) of the Migration Act 1958 (Cth) such that jurisdictional error established – appeal dismissed
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCA 1008
For unsuccessful respondent – led by Georgina Costello SC – MIGRATION — appeal from an order made by the Federal Circuit Court of Australia quashing a decision of the Immigration Assessment Authority — where the Authority affirmed a decision of the delegate of the Minister to refuse the first respondent’s application for a Safe Haven Enterprise visa — consideration of new information pursuant to s 473DD of the Migration Act 1958 (Cth) — requirement that new information be capable of being believed — new information will only fail to meet the credibility requirement where it is evidently not credible — whether the Authority made a finding about whether the new information was not capable of being believed — the Authority’s finding that a document was not genuine was a finding that the document is not capable of being believed — matter also considered on the basis that the Authority proceeded directly to a rejection of the new information and did not ask itself whether the information was capable of being believed — consideration of the correctness of previous authority of the Court where the Court held that the Authority is required under s 473DD(b)(ii) to determine whether the information is capable of being believed before considering the information for the purposes of the review — previous
WZATX v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1262
For unsuccessful appellant – MIGRATION - appeal from decision of the Federal Circuit Court of Australia - application for judicial review of decision of the Administrative Appeals Tribunal - appellant submitted two media files and translations as evidence to be considered by the Tribunal - where reasons of Tribunal only referred to media file and translation in the singular - Tribunal misdescribed evidence but misdescription immaterial - Tribunal did not overlook or misconceive evidence - no error established
CGW18 v Minister for Home Affairs [2020] FCA 1104
For successful appellant – MIGRATION – appeal from Federal Circuit Court of Australia – whether the Immigration Assessment Authority engaged in jurisdictional error in concluding that the appellant is not a person to whom Australia owes protection obligations under s 36(2)(a) of the Migration Act 1958 (Cth) – where appellant survivor of sexual assault – whether social stigma arising from sexual assault can amount to persecution or serious harm – whether Authority mischaracterised the particular social group by impermissibly splitting into two sub-groups without considering why the appellant might want to keep the sexual assault a secret in relation to persecutory harm – appeal allowed
BOA18 & Ors. v Minister for Immigration & Anor. (No 2) [2020] FCCA 1608
For successful applicants – MIGRATION – Review of Immigration Assessment Authority decision – refusal of protection visas – applicants claiming a fear of harm in Sri Lanka – first applicant making a late claim of high level LTTE security involvement – applicants disbelieved in part and other fears found not to be well-founded – whether the Authority erred by failing to consider the exercise of its power to get new information and whether the Authority decision is vitiated by an apprehension of bias considered – jurisdictional error established
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BTW17 [2020] FCA 1008
For unsuccessful respondent to Minister's stay application – PRACTICE AND PROCEDURE — application for a stay of a costs order pending the hearing and determination of an appeal to the Full Court of the Federal Court of Australia — whether the grounds of appeal are reasonably arguable — whether there is no reasonable probability of recovering the costs paid to the first respondent in the event that a stay is not granted and the appeal is successful — whether the appellant has engaged in any disentitling conduct
Cross and tax Practitioners Board (Taxation) [2020] AATA 1471 (18 May 2020)
For successful Respondent on Applicants' stay application.
Plaintiff P25 of 2017 v Minister for Immigration; Plaintiff P26 of 2017 v Minister for Immigration [2020] FCCA 728;
For successful applicants on remitter from High Court – offshore visas – MIGRATION – Protection Visa – Whether the Delegates’ decision was affected by jurisdictional error – where findings and reasons are exactly the same notwithstanding that they are made by two different Delegates – where the decision lacks independent intellectual assessment of the claims – where jurisdictional error has been established in Delegate’s decision – writs issued.
Plaintiff P40/2019 and Ors v Minister For Home Affairs [2020] FCCA 568
For unsuccessful applicants on remitter from High Court (on appeal) – offshore applicants – denial of procedural fairness – statutory construction
AOO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 424
For unsuccessful appellant in single judge appeal – MIGRATION - appeal from decision of Federal Circuit Court dismissing application for judicial review of migration decision - where Administrative Appeals Tribunal affirmed the delegate's decision to refuse appellant's application for protection visa - whether Tribunal's decision was legally unreasonable on basis that it failed to exercise discretion to take evidence from witnesses - whether there was a duty to consider whether to take evidence from witnesses - where appellant did not make request for evidence to be taken from particular person within seven days of hearing notice - appeal dismissed
AWV18 v Minister for Home Affairs (No 3) [2020] FCA 365 (18 March 2020)
For successful appellants (x6) – not counsel below not in either of the 2 previous applications in FCA – MIGRATION – Protection Visa – whether Immigration Assessment Authority’s decision affected by jurisdictional error – leave to raise a new ground of appeal – Immigration Assessment Authority failed to exercise power under s 473DC to “get” document considered by delegate at interview but returned to appellant – transcript errors concealing document from Immigration Assessment Authority – state of affairs brought about by unusual circumstances rendered failure to exercise power under s 473DC legally unreasonable – jurisdictional error occurring despite Immigration Assessment Authority being unaware of all circumstances
Fiore v Magistrates’ Court of Victoria & Anor [2020] VSC 92 (4 March 2020)
For unsuccessful plaintiff – JUDICIAL REVIEW – Warrants– Whether magistrate was misled – Meaning of ‘for other good cause’ for issue of warrant under Criminal Procedure Act 2009 s 12(5)(c) – Whether fact suspect is interstate and requires extradition provides ‘other good cause’ – Whether magistrate’s decision was unreasonable or illogical – Whether warrant and summons can be issued on same form – Dismissed – Criminal Procedure Act 2009 ss 5, 6, 12, 13, 14, 80, 81 – Service and Execution of Process Act 1992 (Cth) ss 24, 82, 83 – Crimes Act 1958 ss 323, 324, 458, 459 – Magistrates’ Court Act 1989 ss 29, 57, 61, 63, 64 – Magistrates’ Court Criminal Procedure Rules 2009 rr 10 and 11 – The Constitution s 117.
CXS18 & Anor. v Minister for Immigration & Anor [2020] FCAFC 18
For unsuccessful appellant – MIGRATION – appeal from the Federal Circuit Court – whether the primary judge failed to give proper, genuine and realistic consideration to a substantial, clearly articulated argument based on established facts – whether the Immigration Assessment Authority adopted as its own finding an impression expressed by the delegate.For unsuccessful appellants in Full Court - whether Immigration Assessment Authority adopted as its own finding an impression expressed by the delegate
CCR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 9 (13 January 2020)
For successful appellant –MIGRATION - appeal from decision of Federal Circuit Court of Australia dismissing application for judicial review of a decision of the Immigration Assessment Authority - protection visa - Authority's discretion to get and consider 'new information' under s 473DC and s 473DD of the Migration Act 1958 (Cth) - determination by the Authority that s 473DD prohibited it from considering 'new information' - jurisdictional error by reason of failure to exercise the discretion whether to get the information under s 473DC(1) - appeal allowed
FRW17 v MINISTER FOR IMMIGRATION & ANOR [2019] FCCA 3701
For successful applicant on judicial review – MIGRATION – Protection visa – decision of the Immigration Assessment Authority – whether the IAA should have exercised the power under s.473DC – whether the IAA’s findings were illogical or unreasonable – whether the applicant is a fast track review applicant – whether the Secretary failed to provide review material to the IAA – jurisdictional error established – writs issued.
BTW17 v Minister for Immigration & Anor [2019] FCCA 3614
For successful applicant on further judicial review of IAA decision following remitter from the Full Federal Court – MIGRATION – Immigration Assessment Authority – application for a Safe Haven Enterprise visa – whether the Authority failed to properly consider new information – whether the Authority misunderstood the meaning of credible personal information – jurisdictional error made out – application upheld – costs awarded against the first respondent.
WZAUKv Minister Immigration & Anor [2019] FCCA 3246
For successful applicant – MIGRATION – Protection (Class XA) Visa – decision of the Administrative Appeals Tribunal – whether the Tribunal displayed apprehended bias – whether the Tribunal ignored corroborative evidence – corroborative evidence ignored – jurisdictional error established – writs issued.
CGW18 v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 2964
For unsuccessful applicant – MIGRATION – Protection Visa – whether Immigration Assessment Authority’s decision affected by jurisdictional error – where no error established in Immigration Assessment Authority’s decision – application dismissed.
Singh v Minister for Home Affairs [2019] FCA 1790
For successful appellant – MIGRATION – appeal from the Federal Circuit Court of Australia – decision by the Administrative Appeals Tribunal to refuse a partner visa – whether the appellant was denied procedural fairness in relation to the disclosure of a s 375A certificate – whether the Tribunal’s decision ought to be vitiated on the ground of apprehended bias – whether the Tribunal erred in considering whether the appellant and his sponsor were in a married relationship – whether the Tribunal failed to give proper, genuine or realistic consideration to statutory declarations provided in support of the appellant’s application – whether the Tribunal’s decision was unreasonable – whether the Tribunal failed to satisfy a statutory precondition under s 359A of the Migration Act 1958 (Cth)
Fiore v Roufeil [2019] FCA 1774
For unsuccessful applicant for urgent interlocutory injunction – BANKRUPTCY - application for interim relief restraining the production of documents pursuant to a notice under s 77A of the Bankruptcy Act 1966 (Cth) - where it is claimed that the documents the subject of the notice were privileged - where it is claimed that the notice is an abuse of process - where grounds relied upon to set aside the notice lacked merit - where balance of convenience against the grant of relief - application refused
JNMK v Minister for Home Affairs [2019] FCA 1758
For successful applicant –MIGRATION - application for an extension of time for judicial review of decision of Administrative Appeals Tribunal - refusal of Partner (Migrant) (Class BC) visa on character grounds - Ministerial Direction 65 - best interests of unborn child - jurisdictional error by Tribunal in failing to consider the effect that separation from the applicant would have on applicant's child - application allowed
Quach v Commissioner of Taxation [2019] FCA 1729 (24 October 2019)
For (largely) successful applicant resisting Commissioner's summary judgment application – PRACTICE AND PROCEDURE - application for summary dismissal of proceeding - judicial review of alleged decisions by respondent concerning tax related liabilities of the applicant - characterisation of decisions - whether decisions susceptible to judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and Judiciary Act 1903 (Cth) - decision to commence proceedings under s 255-5 in Schedule 1 to the Taxation Administration Act 1953 (Cth) - alleged refusal to enter into 50/50 arrangement under Subdivision 255-B of Schedule 1 to the Taxation Administration Act - alleged refusal to remit general interest charge under s 8AAG of the Taxation Administration Act - reliance on superseded policy statement and fettering of statutory discretion - garnishing of accounts and third party payments under Subdivision 260-A of Schedule 1 to the Taxation Administration Act - application successful in part
Khalil v Minister for Home Affairs [2019] FCAFC 151 (30 August 2019)
For successful appellant in Full Federal Court – MIGRATION - appeal from decision of Federal Court of Australia - review by Administrative Appeals Tribunal of decision to refuse visa application - application refused under s 501 of the Migration Act 1958 (Cth) - Tribunal presumed 84 day period for decision in s 500(6L)(c) of the Act applied - applicant's counsel withdrew representation immediately prior to review hearing - Tribunal under misapprehension that decision and reasons required within 84 day period - Tribunal fell into jurisdictional error in adjourning review hearing for 24 hours - appeal allowed
CKV15 v Minister for Immigration & Anor [2019] FCCA 2851
For successful applicant on judicial review (hearing 22 July 2016, handed down 9 October 2019) –MIGRATION – Judicial review – decision of the former Refugee Review Tribunal – decision of delegate to not grant a protection visa affirmed – whether jurisdictional error.
Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore (No 3) [2019] FCA 1231
For successful respondents restraining bankruptcy examinations –BANKRUPTCY AND INSOLVENCY - examination summonses - application by respondents seeking declarations regarding attendance at return - no service on first respondent - no conduct money tendered - declarations made
Amana Living Inc v Commissioner of Titles & Ors. [2019] WASC 203 (14 June 2019)
For successful plaintiff in application for rectification of Register of Titles and removal of Retirement Villages Act memorial –Retirement Villages Act 1992 (WA) - Requirement to lodge a memorial under s 15(3) - Definition of 'Retirement Villages' and 'Retirement Village Scheme' pursuant to s 3 - Memorial lodged in error over separate 'retirement villages' and 'retirement village schemes' - Transfer of Land Act 1893 (WA) - Correction of error under s 188(3)
Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore (No 2) [2019] FCA 916 (14 June 2019)
For successful respondents in interlocutory application to set aside bankruptcy examination summonses –BANKRUPTCY AND INSOLVENCY - application to set aside examination summonses - examination summonses set aside in part
Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore [2019] FCA 687 (15 May 2019)
For unsuccessful respondents in application to access confidential application for summonses of bankruptcy trustee – BANKRUPTCY AND INSOLVENCY - application seeking access to application for issue of examination summonses and affidavit in support
BOA18 & ORS v MINISTER FOR HOME AFFAIRS & ANOR [2019] FCCA 1651
For successful applicant – MIGRATION – Safe Haven Enterprise Visa – review of decision of the Immigration Assessment Authority – whether there was a failure to consider exercising the discretion in s.477DC(3) of the Migration Act 1958 (Cth) – whether findings were unreasonable or illogical – jurisdictional error found – writs issued.
ACN 120 316 663 PTY LTD (ACN 120 316 663) (IN LIQ) -v- QUACH [2019] WASC 126 (17 April 2019)
For defendants by second counterclaim on unsuccessful strike-out application in Supreme Court of Western Australia –Procedure - Summary relief - Application for summary judgment against second defendant by counterclaim - Declaration sought as to deemed admissions and to the legal relationship between the parties - Declarations sought relate to contentious matters which are triable issues - Summary judgment refused – Procedure - Summary relief - Application to strike out portions of second counterclaim - Issues of proper construction - Second limb of Barnes v Addy raised - Accessorial liability - No proper basis for striking out the pleading. Strike-out application refused
BTW17 v Minister for Immigration and Border Protection & Anor [2018] FCAFC 10; 353 ALR 657
For successful appellant in Full Federal Court – MIGRATION – where the Minister’s delegate refused to grant the applicant a Safe Haven Enterprise Visa – whether the decision-maker’s reasons were illogical, irrational or otherwise unreasonable – whether the conclusion that the appellant was not facing a real risk of significant harm in respect of the introduction of the death penalty was irrational or illogical on the information before the Immigration Assessment Authority – where the examination of the events clearly and reasonably linked the appellant’s alleged crime with ‘serious crimes’ for which the death penalty could be passed as a sentence – where Sri Lankan President had recently announced an intention to implement the death penalty
DBB16 v Minister for Immigration and Border Protection [2018] FCAFC 178; 260 FCR 447
For successful appellant in Full Federal Court, led by Stephen LLoyd SC –vMIGRATION – appeal from Federal Circuit Court dismissing appeal from Immigration Assessment Authority – whether Authority had jurisdiction to review delegate’s decision to refuse visa – whether Appellant properly notified of refusal to grant visa – whether Appellant was a ‘fast track applicant’ – whether Appellant entered migration zone at Territory of Ashmore and Cartier Islands – whether Western Lagoon of Ashmore Reef validly proclaimed to be a port
Minister for Home Affairs v HSKJ [2018] FCAFC 217; 363 ALR 325
For successful respondent – MIGRATION – appeal from the Federal Court – where the primary judge ordered that the Tribunal’s decision affirming the non-revocation of cancellation be set aside – cancellation of visa under s 501 of Migration Act 1958 (Cth) – whether Tribunal incorrectly applied Ministerial Direction 65 – whether Ministerial Direction 65 can permissibly create a general hierarchy of considerations as between “primary” and “other” considerations - appeal allowed
DLB17 v Minister for Home Affairs [2018] FCAFC 230
For unsuccessful appellant – MIGRATION – protection visa – fast-track review decision – appeal from a decision of the Federal Circuit Court of Australia – whether the Immigration Assessment Authority erred in its application of the test in s 473DD(a) of the Migration Act 1958 (Cth) – consideration of new information by the Authority – whether there were “exceptional circumstances” warranting the consideration of new information – what constitutes “exceptional circumstances” – where no jurisdictional error identified in the Authority’s approach
BUD17 v Minister for Home Affairs [2018] FCAFC 140; 264 FCR 134
For successful appellant – MIGRATION – appeal from the Federal Circuit Court of Australia – where Federal Circuit Court dismissed an application for review of a decision of the Administrative Appeals Tribunal – whether jurisdictional error – where Tribunal rejected appellant’s submission or claim on the basis there was no material supporting that submission – where material did support submission – inference Tribunal overlooked critical material – appeal allowed
Khalil v Minister for Home Affairs & Anor. [2018] FCA 1712
For unsuccessful applicant at first instance (appeal subsequently allowed) –MIGRATION - application for judicial review of decision by Administrative Appeals Tribunal to affirm Minister's decision to refuse visa under s 501 of the Migration Act 1958 (Cth) - where at late notice lawyer representing applicant did not appear at Tribunal hearing - whether applicant was denied procedural fairness by not being afforded more time - consideration of significance of 84 day period under s 500(6L)(c) of the Act - whether applicant had been notified of refusal to grant visa in accordance with s 501G(1) - whether Tribunal was in error in failing to dismiss the application on procedural grounds - no failure to afford applicant procedural fairness - no jurisdictional error - application dismissed
NKWF v Minister for Immigration and Border Protection [2018] FCA 409
For successful applicant – MIGRATION – the applicant was a translator for Allied forces during operations in Afghanistan – the applicant applied for a safe haven visa – the applicant submitted that his work in support of Allied forces in Afghanistan was a relevant consideration in favour of granting his application for a safe haven visa – whether the Administrative Appeals Tribunal (the Tribunal) gave proper, genuine and realistic consideration to the merits of the applicant’s case – whether the Tribunal misapprehended the import of DMH16 v Minister for Immigration and Border Protection [2017] FCA 448.
BTW17 v Minister for Immigration and Border Protection & Anor [2017] FCCA 1752
For unsuccessful applicant at first instance (appeal to Full Federal Court subsequently allowed) – MIGRATION – Immigration Assessment Authority – protection visa – whether the Authority’s decision lacked an intelligible justification – whether the Authority properly considered an intention to inflict harm – whether the Authority’s decision was irrational or illogical – no jurisdictional error identified – application dismissed.
CFK15 v Minister for Immigration and Border Protection [2017] FCA 673
For successful appellants – MIGRATION – application for an extension of time to appeal – application to amend proposed grounds of appeal – whether the Administrative Appeals Tribunal failed to identify a claim made by the applicant – whether the Tribunal considered the applicant’s claims – whether the Tribunal made a jurisdictional error in failing to consider the applicant’s claims by reference to the “particular social group” identified.
WZASX v Minister for Immigration and Border Protection [2017] FCA 1415
For unsuccessful appellant – MIGRATION – Judicial review – decision of former Refugee Review Tribunal – Sri Lankan Tamil – whether lack of procedural fairness – whether bias – whether jurisdictional error.
Al-Qadhi v Minister for Immigration and Border Protection [2017] FCA 1300
For applicant in unsuccessful interlocutory injunction –PRACTICE AND PROCEDURE – application for an urgent injunction to restrain the Minister from making an adverse decision in regards to the applicant’s application for Australian citizenship – where first respondent seized documents pursuant to s 45B(1) of the Australian Citizenship Act 2007 (Cth) on the basis of a reasonable suspicion that the documents were ‘bogus documents’ as defined by s 5(1) of the Migration Act 1958 (Cth) – whether applicant will suffer severe and irreparable consequences if the Minister was to make a decision adverse to his citizenship application – where there is no evidence of any specific immediate consequence or actual loss to be sustained as a consequence of an adverse decision – where applicant will not lose any right of substantive merits review in respect of any adverse citizenship decision – relevant principles for granting interlocutory relief
AHQ17 v Minister for Immigration and Border Protection & Anor [2017] FCCA 2034
For successful applicant in Federal Circuit Court
Fernando & Ors v Minister for Immigration & Border Protection – FCCA 2017
For successful applicants for constitutional writs in Federal Circuit Court. Writs granted by consent.
Deputy Commissioner of Taxation v Francis CIV2555 of 2016 (unreported 2017 - District Court of WA)
For Commissioner on successful summary judgment application.
Re RNLL and Commissioner of Taxation 2017/0996-97 AAT 2017
For successful respondent (Commissioner) on technical point
Coronial Inquest into the 1975 murder of Shirley June Finn (WA Coroner's Court – continuing)
Counsel for the family of the victim in inquest..
LG Craven & Sons (a Firm) v Tracy & Ors (as Joint and Several Liquidator of Tasman Civil Pty Ltd (in liquid.) – FCA 2018
For successful plaintiff in proceedings against liquidator..
CUD17 v Minister for Immigration and Border Protection & Anor 346/2017 – FCCA 2017
For successful applicant for judicial review in Federal Circuit Court. Consent orders.
Viva Energy Australia Pty Ltd (formerly Shell) v Contaminated Sites Committee & 6 others [2018] WASC 89; 230 LGERA 243 (13 April 2018)
For successful cross-appellant on judicial review against statutory body allocating liability for remediation of contaminated site.
DYJ16 v Minister for Immigration and Border Protection & Anor.
Counsel for successful applicant for constitutional writs. By consent.
Advanced Electrical Engineering Pty Ltd v Mammoth Contracting Pty Ltd [2018] WADC 43
Counsel for successful appellant from summary judgment refusal on question of equitable set-off. (Not counsel at first instance).
TZSX and Commissioner of Taxation [2018] AATA 1348 (24 May 2018)
For unsuccessful applicant in review of refusal of Departure Authorisation Certificate where taxpayer had tax debt in excess of $34M.
DBC16 v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 1802; 335 FLR 293
For successful applicant on judicial review challenging validity of 'port' proclamation over the Ashmore Reef system.
DBD16 v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 1801; 334 FLR 431
For successful applicant on judicial review in counterpart case to DBC16 v Minister for Immigration & Border Protection [2018] FCCA 1801.
Deputy Commissioner of Taxation v Moltoni [2018] WASC 259
For defendant on unsuccessful application to stay enforcement action on assessments in excess of $34M. On appeal.
BWC16 v Minister for Home Affairs & Anor [2018] FCA 1370
For successful appellant on appeal from Federal Circuit Court.
EUQ17 v Minister for Home Affairs & Anor [2018] FCA 1645
For successful appellant on appeal from Federal Circuit Court.
Minister for Immigration & Border Protection v CLY15 [2018] FCA 2013
For respondent on Minister's appeal from Federal Circuit Court. Notice of contention upheld. Primary Judge's orders undisturbed. Minister's appeal dismissed.
C & K Components Pty Ltd and Commissioner of Taxation (Taxation) [2018] AATA 4666 (20 December 2018)
For successful Commissioner on jurisdictional point.
Commissioner for Consumer Protection v Armstrong [No 4] [2015] WASC 8
Counsel for plaintiff in a series of cases under the Australian Consumer Law which ended up in contempt proceedings for breaches of Australian Consumer Law undertakings, then Supreme Court injunctions. Case referenced in Miller's.
Armstrong & Ors. v Commissioner for Consumer Protection [2014] WASCA 71
For successful respondent on appeal concerning the application of statutory fidelity guarantee accounts. Appeal dismissed.
Commissioner for Consumer Protection v Jorissen [2014] WASC 291
For successful plaintiff seeking orders under s.218 of the Australian Consumer Law on breach of undertaking.
Carey v Commissioner for Consumer Protection [2013] WASCA 195
Led by Brind Woinarski QC for respondent in appeal from a single judge in the Supreme Court refusing appeal against convictions imposed under Trade Practices Act (State equivalent) concerning misleading or deceptive representations in development of large-ish off-the-plan property development in WA. Appeal dismissed. As referenced in Miller's.
Commissioner for Consumer Protection v Murphy [2013] WASCA 89
For appellant in unsuccessful appeal from decision of merits review tribunal to grant occupational licence.
Mantova Holdings Pty Ltd and Commissioner for Consumer Protection [2013] WASAT 47
For successful Commissioner on review of decision re claim upon of Real Estate and Business Agents' Fidelity Guarantee Account
Carey v Commissioner for Consumer Protection [2012] WASC 8
Led by Brind Woinarski QC for respondent in criminal appeal against convictions imposed under Trade Practices Act (State equivalent) concerning misleading or deceptive representations in development of large-ish off-the-plan property development. Appeal dismissed.
The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk
have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.