| 0 | Whitehead ats BJ Bearings | | | | Supreme Court of Victoria. Junior to Richard Attiwill, QC.
A substantial dispute involving allegations that a restraint given in a hybrid sale of business / employment context had been breached, and including a claim in conspiracy. Settled in July 2017 shortly before trial.
A decision of Hargrave J in relation to an application for preliminary discovery is at [2016] VSC 44 | |
| 0 | Vendor Advocacy Australia Pty Ltd v Seitanidis | | (2013) 103 IPR 1; [2013] FCA 971 | | Federal Court (Middleton J)
Misleading conduct, passing off, breach of copyright. Issues arose in respect of: (i) the subsistence of copyright in a real estate listing authority and in the text of a website; (ii) misleading conduct and passing off in the context of descriptive names and phrases; (iii) the relevance of proof of reputation in misleading conduct claims; (iv) relevance and proof of the respondent's intent to take advantage of the applicant's reputation in a misleading conduct claim.
See also [2013] FCA 1390 (Injunctions; declarations; indemnity costs; costs where nominal damages are awarded on a claim for copyright infringement; an application for damages for loss sustained by reason of an injunction) | http://www.austlii.edu.au/au/cases/cth/FCA/2013/971.html |
| 0 | Vigliaroni v CPS Investment Holdings Pty Ltd | | (2009) 74 ACSR 282; 27 ACLC 1527; [2009] VSC 428 | | Supreme Court of Victoria (Davies J). Junior to Noel Magee, QC
A substantial corporate oppression proceeding. | http://www.austlii.edu.au/au/cases/vic/VSC/2009/428.html |
| 0 | Nexus Adhesives & Ors ats RLA Polymers | | (2012) 97 IPR 160; [2012] FCAFC 135 | | Full Federal Court (with Travis Mitchell).
Misuse of confidential information, the springboard doctrine and misleading conduct claim in the context of a business set up by former employees in competition with their former employer.
The trial before Justice Ryan of the Federal Court was reported at (2011) 280 ALR 125; [2011] FCA 423.
See also [2011] FCA 606 | http://www.austlii.edu.au/au/cases/cth/FCAFC/2012/135.html |
| 12 | Kennewell v Atkins (trading as Cardinia Waste & Recyclers) | | [2015] FCA 716 | | Federal Court of Australia (Tracey J). A general protections (adverse action) application. Issues included whether the employee's complaints regarding his rate of pay were a substantial and operative reason for his dismissal; whether reinstatement was an appropriate remedy; how compensation ought be calculated; pecuniary penalties. | http://www.austlii.edu.au/au/cases/cth/FCA/2015/716.html |
| 13 | Prestige Lifting Services v Williams & Ors | | (2015) 333 ALR 674; [2015] FCA 1063 | | Federal Court of Australia (Beach J).
Breaches of statutory duty as director, officer and employee; breaches of employment contract; breaches of duty of fidelity and good faith; breaches of fiduciary duty; breaches of equitable duty of confidence; diversion of business opportunities; knowing assistance in breaches | http://www.austlii.edu.au/au/cases/cth/FCA/2015/1063.html |
| 14 | He v Huang | | [2016] VCC 1658 | | County Court of Victoria (Judge Macnamara).
A lengthy trial involving the defence of claims of breaches of an oral contract, estoppel and conversion in a context of complicated and confusing oral dealings in the Mandarin language. Issues arising included the admissiblity of transcripts of a secretly-recorded conversation in Mandarin; an application pursuant to section 49 of the Civil Procedure Act to curtail cross-examination and the costs orders which ought be made where there was mixed success and common representation. | http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VCC/2016/1658.html?stem=0&synonyms=0&query=title("2016 VCC 1658") |
| 15 | Knights Quest & Anor v Barokes & Anor | | (2016) 51 VR 540; (2016) 113 ACSR 505; [2016] VSC 296 | | Supreme Court of Victoria (Sifris J), Junior to Greg Harris QC. An application by minority shareholders for leave to bring a derivative action on behalf of a company against its majority shareholder. See also [2016] VSC 737 (variation of an injunction and undertakings) and [2015] VSC 601 (Application for leave to bring a derivative action). | http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSC/2016/296.html?stem=0&synonyms=0&query=title("2016 VSC 296") |
| 15 | Commissioner of State Revenue v Kimiora | | (2016) 309 FLR 277; [2016] FCCA 1229 | | Federal Circuit Court of Australia (Judge Wilson), with Dimitri Ternovski. Bankruptcy; issues in the swearing of an affidavit; proper basis to calculate interest in respect of judgment debts arising under the Taxation Administration Act (Vic); principles of statutory interpretation. | http://www.austlii.edu.au/au/cases/cth/FCCA/2016/1229.html |
| 16 | Lo and Tan v Russell | | [2016] VSCA 323 | | Court of Appeal (Warren CJ, Tate and McLeish JJA). Junior to Robert Hay QC. A dispute as to whether the purchasers of a property had validly exercised their right to 'cool off' from a purchase of property. The case involved the interpretation of section 31 of the Sale of Land Act, consideration of the extent of the agency of a real estate agent engaged to sell a property and construction of the standard-form contract of sale of land.
Also [2017] VSCA 14 and [2016] VSC 93 (the trial before Cameron J) | http://www.austlii.edu.au/au/cases/vic/VSCA/2016/323.html |
| 17 | Arbitration of a commercial dispute between a Malaysian statutory body and a Malaysian citizen (details confidential) | | | | Sole counsel for the Applicant. The arbitrators were The Honourable Alex Chernov AC QC (Presiding), The Honourable Ray Finkelstein AO QC, The Honourable Roger Gyles AO QC. Settled prior to final hearing. | |
| 18 | Banking Royal Commission - Dover Financial Advisers | | Dover Financial Advisers - submission to the Royal Commission | | Sole counsel for a party with leave to appear in the financial advice part of the Commission. | https://financialservices.royalcommission.gov.au/public-hearings/Documents/Round-2-written-submissions/dover-financial-advisers.pdf |
| 18 | He & Ors v Huang and Top Union Business Pty Ltd (in liq) | | [2017] VSCA 349 | | Victorian Court of Appeal (Santamaria, Beach and Kaye JJA).
Conversion; identification of goods the subject of a claim in conversion; holding a party to its pleaded case.
Also, see [2017] VSCA 102 (stay on appeal; security for costs on appeal) and [2017] VSCA 356 (costs on appeal; complex, lengthy proceedings; different parties to claim and counterclaim) | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA//2017/349.html |
| 19 | Knights Quest v Daiwa Can & Anor | | [2018] VSC 426 | | Supreme Court of Victoria (Sifris J). Junior to Noel Magee, QC
A substantial corporate oppression proceeding involving an express contractual obligation to act in good faith and use reasonable endeavours. Winding up on the just and equitable ground.
See also [2018] VSC 551 (dispensation with compliance with section 465A of the Corporations Act; final orders; stay pending appeal; costs in circumstances of multiple proceeding with varying parties) | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC//2018/426.html |
| 20 | Sox Holdings v South East Developments & Anor | | [2018] VCC 1864 | | County Court of Victoria (Judge Dean).
A 15 day trial. The principal issues were the construction of a commercial contract, the implication of a good faith term and whether the termination of a contract involved the breach of that term. The proceeding also involved complex causation issues, issues as to the credit of witnesses, waiver of client legal privilege and a freezing order sought in the course of the trial. | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCC//2018/1864.html |
| 22 | KR Peters Real Estate v Hickey | | [2020] VSC 531 | | Supreme Court of Victoria (Ierodiaconou AsJ) [2020] VSC 531
Application for an interlocutory injunction on behalf of a real estate agency against a former employee. Non-solicitation; restraint; return of company property; misuse of confidential information. | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC//2020/531.html |
| 23 | Nastas Investments v Think Partitions | | [2020] VSC 653 | | Supreme Court of Victoria (Delaney J)
A proceeding seeking the appointment of a receiver, alternatively a new trustee, to a trust. The Court found that the grounds to appoint a receiver were made out and the situation justified the removal of the trustee. The trustee had engaged in significant misconduct, including by causing the trust to incur legal fees for the personal benefit of the trustee's sole director. . | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC//2020/653.html |
| 24 | Vaspip 2 v Thorn Group | | [2020] VSC 700 | | Supreme Court of Victoria (Riordan J). Junior to Simon Wilson, QC.
Validity of requisition for a general meeting of members pursuant to Section 249D of the Corporations Act; validation of deficiencies in the requisition pursuant to section 1322. | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2020/700.html |
| 25 | Trofeo v Confederation of Australian Motor Sport | | [2021] VSC 90 | | Supreme Court of Victoria (Matthews AsJ). Appeared for Motorsport Australia (CAMS) to resist an application for preliminary discovery . The application was refused on the basis that Trofeo did not require the documents sought in order to determine whether to commence proceedings.
See also Cameron Industrial Commercial v Johnson (Ierodiaconou AsJ) [2021] VSC 195, another application for preliminary discovery (appeared for the applicant). | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC//2021/90.html |
| 26 | Blockchain Global and Guo ats Chen | | (2022) 66 VR 30; [2022] VSC 92 | | Supreme Court of Victoria - various interlocutory appearances.
A dispute relating to the ACX cryptocurrency exchange and ownership of circa 120 Bitcoin. See for example the decision of Attiwill J at [2022] VSC 92 on an application for an asset preservation order. | http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2022/92.html |