building & construction - dever's lists list... · dever’s list is the oldest list of...

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Building &Construction

2017

www.deverslist.com.au03 9225 [email protected]

Dever’s List

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456

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COUNSELCONTACTTHE CLERKLIST

Introduction

About the List

Clerks

Full list of Counsel - Pages 10-63

CONTENTS

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John Dever and the assistant clerks are available at any time to discuss availability and fees.

Contact:John Dever (03) 9225 7897041 608 [email protected]

Phillip Dever(03) 9225 [email protected]

Michael Dever(03) 9225 [email protected]

Laura Warren(03) 9225 [email protected]

Dever’s List enjoys a broad and diverse range of building & construction barristers at the Victorian Bar.

It is our objective that this booklet will act as a means to acquaint you with the barristers and to access their information quickly and efficiently.

“No matter what the brief, we are able to assist with advice as to best fit, fees and availability”

John DeverBARRISTERS’ CLERK

Contact

Introduction

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Dever’s ListDever’s List is the oldest List of Barristers at the Victorian Bar, having started operation in 1855. As the Bar has expanded to approximately 2178 members as of 2017, finding the appropriate Barrister for a particular brief can be a time-consuming task. Recommending a Barrister who is both appropriate and available to handle the case are matters to which the Clerks at Devers List can provide answers promptly and efficiently List can provide answers promptly

and efficiently.

Barristers’ Clerk A Barristers’ Clerk is responsible for administering all aspects of a List of Barristers; advising Solicitors regarding appropriate Counsel, their availability and fee structures. The office staff also look after the distribution of briefs to Barristers, manage accounts, phone calls, faxes, mail and also deal with general enquiries.mail and also deal with general enquiries.

Finding the Most Suitable Barrister for the BriefA Clerk can provide a list of suitable Barristers. In making recommendations, if required, a Clerk will consider the Barrister’s expertise, performance, fees and personality. Even if the Barrister has already been chosen, it is sensible to contact the Clerk regarding availability, costs etc. As a further benefit, Clerks are able to put you in touch with new “prospects”; talented Barristers who are not as yet widely known. Prompt Information on Barristers’ AvailabilityThe Clerk’s Office can inform you regarding the movements of any Barrister on the List, take messages or locate and notify the Barrister in urgent situations. A computerised diary system has bookings well ahead of time. Within seconds, a Clerk can provide information regarding availability on a particular date and, if appropriate, immediately enter your brief into the diary. This can save you an enormous amount of time and frustration and can help minimise “doubling up” problems that sometimes occur. Minimising Costs for the ClientWhile many large firms have their own “preferred List of Barristers”, there may be other Barristers who may also be suitable. A Clerk can provide you with this information. Wherever possible, a Clerk will negotiate the Barrister’s fees before the brief is delivered. Ensuring the brief comes with the fee already marked helps avoid misunderstandings at a later stage.

The Clerk

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Dever’s ListCOUNSEL

Matthew L L Albert Adam TJ Baker Brad Barr Matthew P Barrett Edward J Batrouney Spike Buchanan Philip H Cadman Roshena T Campbell Daniel B Clough Toby J Cogley Liam J Connolly Richard E Cook Robert G Craig Timothy M Dowling Joe Forrest Ben Gibson Ronald I Gipp Jonathan Gottschall Peter J Haag John Hall Timothy J Hancock Penny Harris Jack Heeley

Peter G Cawthorn QC David G Collins QC Gregory P Harris QC Iain R Jones QC Caroline E Kirton QC Kevin J A Lyons QC Simon E. Marks QC Mark A Robins QCChris Winneke QC

Wayne Henwood Tony Horan Mark G Klemens Joanne Lardner Simon W Lee Gregory S Lucas Brian G Mason Andrew R Morrison Holly J E Nash (nee van den Heuvel) James NixonElle Nikou Kateena O’GormanJames C Paterson Ian H Percy Graham W Robertson Maya Rozner Tristan Sedal Scott W Stuckey Dimitri Ternovski John A Tesarsch James Waters Jeremy J Whelen Jonathan Wilkinson

Silk Juniors

“the liability of some of the barristers listed in this booklet is limited by a scheme approved under Professional Standards Legislation, as disclosed on the relevant barristers’ Dever’s List and/or VicBar online profiles”.

Please contact us if your require further confirmation.

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Peter has an extensive commercial law practice. He has appeared in a number of long and complex matters, including at the appellate stage. He acts in and advises in connection with substantial commercial matters in areas of administrative law, contracts, corporations and securities law, equity and trusts, insolvency, insurance law, intellectual property, landlord and tenant, product liability, professional negligence, property law, trade practices and wills and estates.

Peter has appeared in and advised in connection with a number of class actions, including securities actions involving managed investment schemes, product liability and environmental law.

Peter is an accredited mediator.

A selection of cases he has recently appeared in are:

• Schreuders v Grandiflora Nominees Pty Ltd [2016] VSCA 93; Construction of a Deed of Trust

• Muranna Park Pty Ltd v Southern Mortgages Ltd [2016]; Whether mortgage void under Farm Debt Mediation Act

• Braham v ACN 101 482 580 [2015] VSC 492; Solicitors negligence and proportionate liability

• Kelly v Willmott Forests Ltd (in liq) [2016] FCA 323; Class action – managed investment schemes – unreasonable settlement

• Rodda Lifestyle Loans Vic Pty Ltd [2015] VSC 628 Corporations – oppression - standing

• Clarke v Great Southern Finance Pty Ltd [2014] VSC 516; Securities – Very substantial class action – managed investment scheme – acted for non-executive directors

• Ron Englehart Pty Ltd v Enterprise Constructions (Aust) Pty Ltd [2012] FCAFC 4; (2012) 95 IPR 64; Copyright in building plans – breach of copyright – damages

David’s practice involves him appearing and advising in many aspects of the law. He provides a methodical and personal approach in assisting clients in reducing the impact of litigation by managing the matter in a positive and practical way. His main areas of practice are in Commercial, Contract, Insurance and the Appellate jurisdictions.

Telephone: +61 3 9225 7363

Email: [email protected]

Date of Admission:03 Dec 1984

First Signed Bar Roll: 28 May 1987

Appointed Silk: 28 Nov 2007

Qualifications: BA, LL.B (Hons), LL.M (Michigan)

David Collins QCPeter Cawthorn QC

Telephone: +61 3 9225 7032


Date of Admission:01 Mar 1978



Qualifications: LLB (Hons)

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After 5 years of commercial litigation experience at Herbert Smith Freehills, Greg was called to the Bar and, thereafter, has appeared as counsel throughout the State and Federal superior courts and appellate courts of Australia, including in the High Court of Australia, in the UK High Court and in domestic and international arbitrations. During his 23 years at the Bar, Greg’s principal areas of practice have been energy related and building and construction disputes.

Greg’s petroleum related clients have included ExxonMobil, BHP Billiton, Woodside Petroleum, Apache Corporation, China Petrochemical Corporation (Sinopec), Origin Energy Resources Limited, Lake Oil NL, DEI Tasmania, and the Gas & Fuel Corporation of Victoria, as well as petroleum industry contractors including, Simon Engineering, Kvaerner, Leighton Contractors and WorleyParsons. Those disputes have included:• liquidated damages, defects, delay and disruption, and variations claims arising out of design, construction, operation and maintenance disputes in respect of both off-shore and onshore processing facilities, pipelines and floating storage and offloading facilities;• vessel time charters;• the proper construction and operation of buyer and seller obligations and rights under petroleum supply contracts;• force majeure;• Joint venture; • the operation and application of revenue legislation to participants in the industry, including income tax, petroleum resource rent tax and excise;• royalties; and• exploration permits and retention leases.Greg’s non-petroleum related building and construction practice has been in respect projects in Victoria, Western Australia, Queensland, South Australia and Tasmania as well as in China, Indonesia and the Philippines. Those disputes have been in respect of utility power stations and co-generation facilities, mines, utility water treatment plants and pipeline infrastructure, desalination plants, fertiliser plants, roads and tunnels, vertical and horizontal drilling projects, pipe construction and laying, bridges, high-rise commercial and residential buildings, sporting complexes, fire hydrant systems and the design and manufacture of major industrial plant and equipment. Greg has acted for owners, head contractors, subcontractors, designers and manufacturers. In addition to those referred to above, Greg’s clients have included Mitsubishi Corporation, Southern Company, Lanco Infratech (India),Transfield Services, Onesteel, Lurgi AG, Mahild Drying Technologies GmbH, TBi Industries GmbH, Pacific Dunlop, Thiess, the State Government of Victoria, the State Electricity Commission of Victoria, JM Kelly (Project Builders), Commonwealth Funds Management, Riverland Water and the Australian Property Network.

Telephone: +61 3 9225 7271


Date of Admission: 02 Apr 1990



Qualifications: BEc, LL.M, LL.B, DipICArb (CIArb, London)

Fellow of the Chartered Institute of Arbitrators (London).

Iain R Jones QCGregory P Harris QC

Telephone: +61 3 9225 8366


Date of Admission:28 Sep 1987

First Signed Bar Roll: 29 Nov 1990


Qualifications: BEc, LL.B (Hons) (ANU) BCL (Hons) (Oxford)

Previously a Partner in Herbert Smith Freehills (Sydney and then Melbourne).J.B. Chifley Prize for Economics (NSW HSC). National Undergraduate Scholar (1974 to 1978). University Prizes in Mathematical Economics, Politics, Economics and Law.Member of the Global Foundation.Appeared in commercial trials and appeals in all Australian states and Federal jurisdictions.

Practice in General Commercial and Equity Law, with emphasis on Corporations, Property, Insolvency, Equity, Finance, Contract, Probate, Trade Practices and Administrative Law.

Some Cases in which appeared

• LU Simon Builders Pty Ltd v Fowles [1992] 2 VR 189 (Smith J)

• Alma Hill Constructions Pty Ltd v Mudat Onal [2007] 16VR190 (Kaye J)

• Polidoro Developments Pty Ltd v Hayek [2012] VSC20 (J Forrest J)

• West Coast Developments Pty Ltd v Lehmann [2013] VSC 617 (13 November 2013)

• Everitt Seeley & Bennets Pty Ltd & Ors v Peter Aldrick & Ors (7 August 2013) (Judd J)

• Lee v Quest Investments Ltd & Anor [2013] VCC 1358 (18 October 2013)

• Longreach Family Living (Vic) Pty Ltd & Ors v Simonds

• Homes Melbourne Pty Ltd[2013] VSCA 274 (27 September 2013)

• Anthony v Goldsmiths Lawyers Pty Ltd (18 October 2013) (VSCA)

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Specialty: Construction Law - Domestic Building List VCAT - Building cases List - County and Supreme Court.

Caroline is experienced in a diverse variety of civil and commercial litigation, particularly in Technology and Construction Law disputes. Caroline is a Victorian Bar representative on the Supreme Court’s Technology Engineering and Construction List Users Group and is the Chair of the Commercial Bar Association’s Construction Law Section.

Caroline appears in the superior State and Federal jurisdictions and also in arbitrations. Caroline has been a Nationally Accredited Mediator since 2008 and regularly acts as mediator or appears for clients in mediations involving substantial disputes.

In 2012 Caroline was awarded a Women Lawyers Achievement Award for General Excellence and also the Building Dispute Practitioners Society’s Editors Award for the best journal contribution.

Caroline is a Fellow of the Chartered Institute of Arbitrators and an accredited Arbitrator in the Australian Institute of Family Law Arbitrators and Mediators List of Arbitrators maintained pursuant to Regulation 67B of the Family Law Regulations 1984 (Cth).

Victorian Bar Committee memberships

International Arbitration CommitteeSupreme Court - TEC List Users’ GroupChair - Law Council of Australia - Standing Committee - Equal Opportunity Committee

Telephone: +61 3 9225 8367





Qualifications: BA (Hons), LLB, LLM

Kevin J A Lyons QCCaroline E Kirton QC

Telephone: +61 3 9225 7259


Date of Admission:02 Apr 1990



Qualifications: LL.B (Melb), BA

Practices in Contract, Property, Trusts, Tort (including professional negligence), Trade Practices, Corporations Law, Equity and Building and Construction Law.

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Simon came to the Bar from Mallesons (now King & Wood Mallesons) in 1986.

Throughout his career, he has practiced in commercial litigation incorporating contract law, companies, major torts, equity, insolvency and bankruptcy, banking and finance. He has practiced extensively in competition law (anticompetitive conduct, mergers, third party access to infrastructure, and consumer law), and general commercial litigation including family law (property). He has been involved in major common law cases, inquiries and investigations.

He has appeared as counsel in significant state and national inquiries, including in two Royal Commissions: the Tricontinental Royal Commission (1990-1991) and the Victorian Longford Gas Royal Commission (1998-1999) (as Junior Counsel assisting the Commission). In 2007, he assisted the Australian Competition and Consumer Commission in a National Petrol Inquiry (as counsel assisting). He is currently acting for the Uniting Church in Australia (Victorian and Tasmanian Synod) in relation to the Commonwealth Child Abuse Royal Commission (2014-2016).

Court WorkHe regularly appears at trial and appellate level in the State (Supreme and County) and Federal courts.

Advice He has a large advice practice in major commercial disputes including for significant public companies and for government.

Mediation He regularly acts as mediator in complex disputes involving commercial matters.

Committees He is currently a member of the Readers’ Course Sub-Committee of the Victorian Bar’s Legal Education and Training Committee. He has also served as a member of the Victorian Bar Human Rights Committee.

Telephone: +61 3 9225 8800





Qualifications: LLB, B.Comm

Mark A Robins QCSimon E. Marks QC

Telephone: +61 3 9225 8770





Qualifications: LL.B, BA

Formerly a Solicitor at Ebsworth & Ebsworth (1987-1990) prior to coming to the Bar. Practises exclusively in the rather diverse commercial arena with principal emphasis on Professional Negligence, Banking/Finance, Securities, Trade Practices and non-personal injuries Insurance. Principal “interests” outside the Bar, ironically enough, are military history and theatre.

Recent cases:• Krongold Constructions (Aust) Pty Ltd SR v RS Wales Pty Ltd [2016] VSC 94 - represented successful plaintiff in overturning an adjudication determination under Building & Construction Industry Security of Payments Act.

• Saville (t/as China Sourcing Services) v Hallmarc Construction Pty Ltd [2015] VSCA 318 - represented successful respondent in appeal under the Building & Construction Industry Security of Payments Act.

• Hallmarc Constructions v Saville [2014] VSC 491 - represented successful plaintiff in overturning an adjudication determination under Building & Construction Industry Security of Payments Act.

• Verrocchi v Messinis [2016] VSC 490 - acted for successful plaintiff in obtaining order for specific performance of a contract to sell a pharmacy business under a contract of the second type identified in Masters v Cameron.

• TSG Franchise Management Pty Ltd v Cigarette and Gift Warehouse (Franchising) Pty Ltd (No2) [2016] FCA 674; and (No 3) [2016] FCA 828 represented successful applicant in tortious interference with contractual relations franchise case, recovering an order for indemnity costs of the trial due to the respondent’s conduct at trial.

• Re Gunns Finance Ltd (in liq) [2013] VSC 365 - represented successful plaintiffs in a dispute involving a Managed Investment Scheme and concerning the question of whether leasehold interests amounted to scheme property.

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Matthew practices in commercial, industrial and public law. He advises and acts in commercial disputes including contract, consumer, building and construction law. His public law matters include judicial and merits review, and acting as counsel assisting the Coroner.

Matthew has appeared in all courts in the Australian hierarchy.

Matthew was a solicitor in the Executive Branch of the Victorian Government Solicitor’s Office and the researcher to the Solicitor-General for Victoria (now Justice Tate of the Victorian Court of Appeal). Following that, he was the associate to Justice Habersberger of the Supreme Court of Victoria’s Commercial and Equity Division. For eighteen months prior to joining the Victorian Bar, Matthew was the sole researcher to Geoffrey Robertson QC.

Telephone: +61 3 9225 8265


Date of Admission: 13 Dec 2005


Qualifications: BA, LLB (Melb), MSc (Oxon)

Adam TJ BakerMatthew L L Albert

Telephone: +61 3 9225 6279


Date of Admission:11 Sep 2009

First Signed Bar Roll: 23 Oct 2014

Qualifications: LLB (Hons) / B.Sc

Adam has a general commercial and common law practice, and has appeared in all Victorian and Federal Courts, and the VCAT. He is also on the NSW roll. Prior to coming being called to the Bar, Adam was Associate to Justice Middleton at the Federal Court and Justice D Beach at the Supreme Court, and was a solicitor in London. He has particular expertise and accepts briefs in: • commercial contracts, equity, trade practices and intellectual property matters; • building regulation and prosecutions under Building Act 1993 and the Domestic Building Contracts Act 1995; • insurance and liability matters; • class actions (eg. financial services and bushfire matters); and • contempt proceedings. Adam also has specialist knowledge in aviation and airports law (both regulatory and liability) having been a solicitor in London working on major aviation disasters for large international carriers and insurers at Gates and Partners (now Kennedys), and a government lawyer in the Airports Branch of the Department of Infrastructure and Regional Development. Adam graduated from the University of Queensland with a Bachelor of Laws (Hons) and a Bachelor of Science in 2006. He read with Chris Winneke QC and Stephen O’Meara QC was his Senior Mentor.

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Brad has a commercial law and common law practice.

Brad appears regularly in all state and federal courts and tribunals, interlocutory applications and mediations. He accepts briefs to appear, advise and draft pleadings and other documents.Brad was previously a solicitor at Allens. His practice included commercial litigation, insurance and professional negligence.

In 2009, Brad was an associate at the Supreme Court of Victoria in the Court of Appeal. He worked on cases involving complex questions of civil procedure, torts, contract law, equity and property law.

Brad graduated from Monash University with first class honours in Law. He is currently undertaking his Masters of Law at the University of Melbourne.

Brad is a member of the Victorian Bar News Editorial Committee.

Selected cases:

• Williams v AusNet Electricity Services Pty Ltd (2017)

• Defina v Matina [2017] VSC 106

• CSR Ltd v Amaca Pty Ltd [2016] VSCA 320

• Williams v AusNet Electricity Services Pty Ltd (Ruling No 2) [2016] VSC 145

• Amaca Pty Ltd v CSR Ltd [2015] VSC 582

• RCTC v Knox City Council

• Parsons v Director of Housing & Management Maintenance and Development Pty Ltd [2014] VCC 2175

Telephone: +61 3 9225 7215




Qualifications: BA, LLB (Hons)

Matthew P BarrettBrad E Barr

Telephone: +61 3 9225 7173




Qualifications: LL.B , BA, SJD

Broad commercial experience including trial and appellate work.

Matthew completed articles at Purves Clarke Richards (then a large litigation law firm in Melbourne) before working at his father’s sole practice in the CBD. That early experience gave Matthew a first-hand understanding of the demands of large scale litigation as well as the limitations and particular needs of smaller practices.

There followed an Associateship with Sweeney J in the Federal Court and a period as research assistant to Heerey J.

Since coming to the Bar in 1995, Matthew has been involved in a range of commercial matters, including large complex cases. Early experience in insolvency and bankruptcy was followed by broader commercial cases involving equity and trusts, professional negligence, building and construction, product liability, property, general torts, corporate governance.

Matthew has been briefed by the ACCC to conduct examinations under the Trade Practices Act and in proceedings against Henry Kaye. He was retained as independent counsel to assess damages claims resulting from the Longford gas explosion.

Matthew is a nationally accredited mediator, a member of the Commercial Bar Association, and holds a doctorate in law for his thesis on the equitable defence of unclean hands.

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Ed practises predominately in commercial and administrative law, with a focus on building and construction law matters. His building and construction law experience includes arbitration proceedings, prosecutions under the Building Act and disputes concerning the Building and Construction Industry Security of Payment Act.

Before coming to the Bar, Ed practised as a solicitor in the dispute resolution group at international law firm Freshfields Bruckhaus Deringer LLP in London.

Ed graduated with first class honours in law from Melbourne University and completed the BCL (Distinction) at the University of Oxford in 2011 as a recipient of an Allan Myers Melbourne University Scholarship. Telephone:

+61 3 9225 7378



First Signed Bar Roll: 30 Apr 2015

Qualifications: LLB (hons) / BA (Melb), BCL (Oxon)

Spike BuchananEdward J Batrouney

Telephone: +61 3 9225 6496


Date of Admission:24 Aug 2011

First Signed Bar Roll: 30 Apr 2015

Qualifications: LLB

Spike practices in a broad range of litigation matters across all jurisdictions, but predominantly in commercial litigation.

He completed his traineeship (articles) in 2010 at a small firm named Christopher Bunnett Lawyers following which he practised there as a solicitor before joining the bar. As a solicitor Spike practised mainly in commercial disputes, but from time to time ran matters in other areas including administrative law, professional disciplinary matters, common law, crime and inquests.

Since coming to the bar Spike’s practice has been in commercial litigation, common law, professional negligence and costs law.

Spike read with Chris Horan QC.

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Phil is a commercial and administrative barrister who regularly appears in both State and Federal courts and tribunals at all levels, either alone or with senior counsel. Phil also appears in mediation and other ADR processes.

As a public law specialist, Phil undertakes both judicial and merits review matters, as well as advising on all aspects of public law. Phil has:

Taught public law subjects at La Trobe University and administrative law at the University of Melbourne

Practised extensively in administrative law with large and boutique law firms

Practised in the UK with Richard Buxton Environmental and Public Law, including advancing complaint at the Compliance Committee for the Aarhus Convention at the United Nations in Geneva

Worked at the Victorian Department of Justice, leading a team of lawyers developing legislation and policy regarding Victorian courts and tribunals, and the powers of judicial officers - including on the interaction of Executive and Judicial powers, and Victoria’s planning appeal jurisdiction.

Phil also has extensive experience in commercial cases, including property, building and construction, and banking matters, having:

Undertaken Articles and practised at Blake Dawson Waldron (now Ashurst) in the banking and construction areas of the commercial litigation group

Practised at Browne & Co Solicitors and Consultants, on a range of commercial litigation matters, as well as incorporation of companies and commercial advice work

Worked as Associate to His Honour Justice Habersberger in the Supreme Court of Victoria, then sitting in the Commercial List and as head of the Building List.

Phil is approachable and practical. His mentor at the Bar was Dan Star and his senior mentor is Peter Gray SC.

Telephone: +61 3 9225 7158


Date of Admission: 19 May 2003


Qualifications: BA ( Hons); LLB (Hons)

Roshena T CampbellPhilip H Cadman

Telephone: +61 3 9225 6226




Qualifications: BA, LLB (Hons), LLM

Roshena practises in commercial law with a focus on building and construction.

Prior to coming to the bar, Roshena was a Senior Associate at Corrs Chambers Westgarth. Roshena acted for multinationals, government authorities and large public and private entities in a variety of construction matters. As a solicitor, Roshena’s experience included acting for:

• URS Australia Pty Ltd in a large class action brought against it in the Supreme Court of Victoria. The matter involved questions in relation to economic torts, nuisance and contractual claims;• John Holland Aviation Services in proceedings it brought against Virgin Australia Airlines. The proceedings involved contractual claims in the context of an alliance agreement and no disputes clause; and• AED Oil Limited in proceedings brought by it against eleven defendants in the Supreme Court of Victoria. The proceedings involved allegations of breach of contract.

Since coming to the Bar in 2016, Roshena has been briefed regularly in construction matters including complex contractual disputes, Building and Construction Industry Security of Payment Act claims and disputes in relation to delays and defects.

Roshena holds a Bachelor of Arts and a Bachelor of Laws with Honours from Monash University and a Master of Laws from the University of Melbourne.

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Daniel regularly appears in the Supreme Court, Federal Court, County Court and the Courts of Appeal, led and unled.

His particular areas of expertise are in competition law, commercial contract disputes, restraints of trade and directors’, members’ and partnership disputes. He was included in Australia’s Best Lawyers (Australian Financial Review) in 2017 (Competition Law.)

He also actively practises in a wide range of other commercial matters, including consumer protection, telecommunications, professional negligence and corporate governance, and administrative law and local government.

Prior to signing the Bar Roll in 2004, Daniel was a Senior Associate in the Competition Group of Allens Linklaters in Melbourne and a director in the Telecommunications Group of the Australian Competition and Consumer Commission. He was Associate to the former Chief Justice of the High Court of Australia, Sir Gerard Brennan.

Daniel is the author of Competition Law - The Laws of Australia (2014 Thomson Reuters). He is currently author and editor of Competition Law (Laws of Australia) and was previously author and editor of Restraints of Trade (Laws of Australia). He has published several refereed articles in the areas of competition law, international trade law, law and economics, consumer protection and unconscionability.

He has Honours in Economics at Monash University, Master of Laws with first class honours at the University of Melbourne and was a Kent Scholar at Columbia University Law School, New York. He was an Assistant Lecturer in Economics at Monash University and lectured Economics for Competition Lawyers with Prof Phillip Williams in the LLM program at the University of Melbourne.

Daniel is a member of the Competition and Consumer Committee of the Law Council of Australia, the Deputy Chair of the Competition and Consumer Law Section of the Commercial Bar Association of Victoria and a member of the Ethics Committee of the Peter MacCallum Cancer Centre.

Telephone: +61 3 9225 6781




Qualifications: BEc (Hons)(Monash) LLB (Monash) LLM (Melb) LLM (Columbia)

Toby J CogleyDaniel B Clough

Telephone: +61 3 9225 6731


Date of Admission:07 May 2001


Qualifications: LLB (hons), BE (Chem)(hons)

Toby principally practices in building and construction litigation and arbitration. Toby advises and appears as counsel in disputes ranging from small scale developments through to complex engineering and major infrastructure projects.

Recent major matters include:• An ICC arbitration concerning a Queensland LNG pipeline project before a three member panel (led by Nicholas Pane QC). • An IAMA arbitration concerning the termination of a contractor undertaking major redevelopment works for a municipal council before a single arbitrator (led by Jeff Gleeson QC).• An ad-hoc arbitration concerning a Queensland LNG pipeline project before a three member panel (led by Geoff McArthur QC).

From 2015 to 2017 Toby has been rated as pre-eminent, leading or recommended junior counsel in Melbourne and Australia by the peer reviewed Doyles guide. Before joining the Bar, Toby worked as a Senior Associate in the construction and major projects group of Clayton Utz in Melbourne (2000-2008).

Toby holds honours degrees in law and Chemical Engineering and is also conversational in Mandarin Chinese and Danish

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Liam practices in general commercial, construction and insurance litigation.

Liam was recognised in the peer reviewed Doyles Guide as a leading junior construction law barrister in 2016.

Liam has acted in numerous substantial and complex construction disputes in the Supreme, County and Federal Courts as well as in commercial arbitrations and expert determinations. Liam is experienced in acting for claimants and respondents in disputes under the Building and Construction Industry Security of Payment Act (Vic) 2002, including applications for judicial review.

He also regularly represents clients involved in domestic building disputes in VCAT and in statutory appeals before the Building Appeals Board.

Prior to coming to the Bar, Liam worked as a solicitor in Norton Rose Australia’s construction and engineering group, having completed articles at that firm.

Liam is a member of the Young Insurance Professionals Society, the Society of Construction Law Australia and the Building Dispute Practitioner Society.

Recent cases/ significant cases:• Construction Engineering (Aust) Pty Ltd v Adams Engineering Pty Ltd (2017); Supreme Court Proceeding• SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd [2016] VSCA 119; Court of Appeal Proceeding• Krongold Constructions (Aust) Pty Ltd v SR & RS Wales Pty Ltd [2016] VSC 94; Supreme Court Proceeding• Milburn Lake Pty Ltd (trading as Irwin Stockfeeds) v Andritz Pty Ltd [2016] VSC 3; Supreme Court Proceeding• Mirvac Commercial Sub SPV Pty Limited ats S.H.L Nominees Proprietary Limited and Enward Pty Ltd (2016) (Building Appeals Board)• CES-Queen (Vic) Pty Ltd v Colonial Range Pty Ltd (2016); Supreme Court Proceeding• Hansen & Yuncken and Leighton Contractors Joint Venture v SA Health Partnership Nominees Pty Ltd v SA Health Partnership Nominees Pty Ltd (2015) (Expert Determination/ Arbitration).• Façade Treatment Engineering v Brookfield Multiplex [2015] VSC 41; Supreme Court Proceeding• QIC Limited ats Australian Soap Company Pty Ltd (2015) (Building Appeals Board)

Telephone: +61 3 9225 8592




Qualifications: LLB, B.Comm

Richard E CookLiam J Connolly

Telephone: +61 3 9225 7999



First Signed Bar Roll: 10 Mar 1977

Qualifications: LL.M (Melb)

Practice Court/Injunctions Articles at Russell

Kennedy & Cook, Radcliffe & Co. (London). Has practised in General Commercial

Litigation since 1977. Author of Jacobs County Court Practice (6th Edition) and

The Annotated Rules of Court 1996, 1997, 1998 and 1999. Has written many journal

articles on areas including Administration and Probate Law. Extensive Supreme

Court/Practice Court experience in addition to general commercial trials and

Mediations both as mediator and counsel.

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An experienced trial advocate in superior courts and arbitral tribunals.

Ranked as a leading junior barrister in Australia by Chambers and Partners Asia-Pacific Guide 2016 and as a pre-eminent junior counsel in commercial litigation and leading junior counsel in building and construction litigation in Australia by Doyles Guide 2015 and 2016.

• Metropolitan Fire and Emergency Services Board v Architectus Group Pty Ltd & Ors -Supreme Court of Victoria (Vickery J) -Building and Construction-Acting for the owner in relation to allegations of defective works in relation to the design and construction of a fire station precinct. • Tedra Australia Pty Ltd v City West Water -Supreme Court of Victoria (Vickery J) -Building and Construction-Acting for a contractor in relation to delay claims and allegations of allegedly defective works in relation to the design and construction of a dual supply salt reduction plant. • Grocon Constructors v CFMEU -Supreme Court of Victoria -Building and Construction/Torts-Representing Grocon in relation to a claim for damages arising from the blockade of the Myer Emporium site.• EnergyAustralia Yallourn Pty Ltd & Ors v SMEC Australia Pty Ltd -Supreme Court of Victoria (Vickery J) -Building and Construction/Contract/Torts/Trade Practices-Acting for the owners of the Yallourn Power Station in relation to the collapse of the Morwell River Diversion Project.• Grocon Constructors (Qld) Pty Ltd v Juniper Developers No.2 Pty Ltd (receives and managersa appointed (in liq) & Anor -Queensland Court of Appeal and High Court of Australia -Building and Construction/Contract/Equity-Acting for Grocon in relation to whether a liquidated damages clause in a building contract was void as a penalty.• Structural Systems (Construction) Pty Ltd ats Melbourne Water Corporation - -Supreme Court of Victoria -Building and Construction-Acting for a sub-contractor in relation to the allegedly defective construction of concrete aeration tanks.• Grocon Constructors ats APN DF2 Project Pty Ltd -Supreme Court of Victoria, Court of Appeal and High Court of Australia; -Building and Construction/Contract-Acting on behalf of Grocon in relation to various disputes arising from the construction of 150 Collins Street Melbourne, including the proper interpretation of the various governing contractual documents and applications for judicial review under the Building and Construction Security of Payment Act 2002 (Vic).

Telephone: +61 3 9225 8410




Qualifications: LLM, LLB (Hons), B. Comm

Timothy M DowlingRobert G Craig

Telephone: +61 3 9225 7385




Qualifications: LLB (Hons); LLM (Melb)

Tim’s practice at the Bar includes all aspects of corporate and commercial law, trusts, wills and estates, probate, taxation and tortious liability. He has advised clients on issues such as oppressive conduct in company management, uncommercial transactions under the Corporations Act, reviewing decisions of the ATO and other statutory bodies and the application of consumer protection provisions and industry codes of practice, including the Banking Code of Practice. He has also acted in cases involving intentional torts, negligence, vicarious liabilty and non-delegable duties.

He holds a Master of Laws degree from the University of Melbourne, in which he focused on studies in insolvency, taxation, copyright, corporate governance and unjust enrichment.

Tim is a former Associate to Justice Jessup at the Federal Court of Australia.

Cases:• King v Adra Developments & Construction Group Pty Ltd (Building and Construction) [2015] VCAT 1773 - Domestic Building - Strike out application and costs - Whether costs should be awarded where the conduct of both parties has led to unnecessary costs being incurred.

• Costantino v Costantino [2016] VCC 495 Contract dispute - Issue of whether a contractual obligation existed for the defendant to fund the purchase price paid by the plaintiff for a farm.

• Gillard v Peers (No 2) [2015] VSC 68 - Executors and Administrators - Issue of a trustee’s entitlement to indemnification from trust property for legal costs incurred in pursuing or defending legal proceedings. • Brazis v Rosati [2014] VSCA 264 - Oppression claim and arbitration clause - Issue concerning the interrelationship between the Corporations Act 2001 and the Commercial Arbitration Act 2011 (led by E N Magee QC).

32 33

Joe’s practice is predominantly involved in building and construction litigation and he has been briefed to advise prior to the commencement of litigation through to appearances in commercial and domestic building disputes in the Courts, VCAT and the Building Appeals Board at the trials of the proceedings. Joe has appeared for the various stakeholders in the industry including proprietors, contractors, sub-contractors, architects, engineers and indemnity and warranty insurers. Many of the disputes that Joe has appeared in have involved complex and technical building and engineering issues concerning defective works claims; contract termination issues; programming and associated contractual issues including claims for extensions of time, prolongation and acceleration; advice concerning inter contract disputes during the course of the project etc. Before coming to the Bar, Joe was a solicitor and senior associate at Phillips Fox in Melbourne. During his employment Joe worked in the firm’s construction division under the supervision of John Curtis and Chris Edquist. On coming to the Bar, Joe read with John Digby QC (now Justice Digby of the Supreme Court). Joe generates a rapport with his clients, guiding them through the maze that is often building and construction litigation. He also has a strong commercial instinct which enables a client’s interest to be advanced in a strategic and cost-effective manner. Some of the technology, construction and engineering disputes that Joe has been involved in include:Litigation – Court proceedings• Acting for a building contractor in its appeal to the Supreme Court of Victoria from a decision in VCAT concerning its claims for damages arising from the termination of its building contractor with one developer of a multi developer multi housing development in Maribyrnong, Victoria• Acting for a developer in the County Court of Victoria concerning its claim for compensation arising from building damage to two of its four residential units caused by the drying effects of the neighbouring trees Litigation – VCAT• Acting for a contractor in its dispute with one of a number of developers concerning the inadequacies of the structural engineering design and the termination of the building contract in VCAT and in the Supreme Court of Victoria• Acting for an owner in respect of a claim against an architect regarding supervision, contract administration and negligence following the insolvency of the original contractor and its replacement with a new contractorLitigation – Building Appeals Board proceedings• Acting for an adjoining owner of a 12 storey office building in Melbourne concerning the adequacy of proposed protection works in proceedings concerning Part 7 of the Building Act 1993 and the review proceedings in the Supreme Court of Victoria

Telephone: +61 3 9225 7948


Date of Admission: 30 Mar 1989


Qualifications: LL.B

Ben M GibsonJoe M Forrest

Telephone: +61 3 9225 7965




Qualifications: BEc; MEc, JD

Ben specialises in commercial law and appears in trial and appellate courts in all jurisdictions in Australia.

Cases in which Ben has appeared include:• Toyota Motor Corporations Australia Limited v Money (9 December 2016, NSWSC, Pembroke J, unreported) (with B Walker SC)• Re GUNNS Limited (in liq) [2016] VSC 765 (with M Hoffman QC)• Trust Company (Nominees) Limited, in the matter of Angas Securities Limited [2016] FCA 895 (with A Myers QC and M Hoffman QC)• Nom De Plume Nominees v Fingal Developments Pty Ltd (2016) 114 ACSR 539 and [2016] VSCA 233 (B Walker SC)• Re Rennie Produce (Aust) Pty Ltd (in liq) (2016) 338 ALR 451 (alone)• North East Solution Pty Ltd v Masters Home Improvement Australia Pty Ltd [2016] VSC 1; [2016] VSC 87 (with P Bick QC)• TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd [2016] FCA 828; [2016] FCA 674; [2015] FCA 739 (with M Robins QC)• Re Yeo (in their capacity as liquidators of Rennie Produce (Aust) Pty Ltd (in liq) [2015] FCA 849 (with L Glick QC)• Noce v Building Practitioners Board [2011] VSC 350 (alone)

Before coming to the Bar Ben practiced as a management consultant at Andersen Consulting (now Accenture), as a solicitor in the Competition and Consumer Protection Group at Blake Dawson Waldron (now Ashurst) and then as Associate to (then) Justice Finkelstein at the Federal Court of Australia. Ben was called to the Bar in 2007. He read with Stephen McLeish SC (now the Honourable Justice McLeish of the Court of Appeal).

Ben has a Juris Doctor degree from the University of Melbourne where he was awarded the Dean’s Award (Stage 2) for the student placed first in his class over the final 12 subjects of the course, the Hall and Wilcox Prize for Taxation, the Blake Dawson Waldron Prize for Trusts and the subject prize for Evidence. Ben also holds a Bachelors degree and a Masters degree in Economics.

34 35

Ron has established an extensive practice in administrative, torts and criminal law. He has extensive experience in criminal defence, commercial fraud defence and civil litigation, coronial inquests, occupational health and safety, employment and industrial relations.Prior to joining the Victorian Bar, Ron was a Senior Litigation Solicitor with the Victorian Government Solicitor’s Office, the Director of the Victorian Attorney-General’s Building Industry Task Force and a Senior Prosecutor with the Victoria Police. He has been Counsel assisting in the Longford Royal Commission and the Royal Commission into the Building and Construction Industry. He was junior counsel in the prosecution of Esso (Australia) Ltd arising from the Longford gas explosion. He is an instructor with the Victorian Bar Readers’ Course.

Telephone: +61 3 9225 7208




Qualifications: LL.B (Hons)

Jonathan GottschallRonald I Gipp

Telephone: +61 3 9225 8412


Date of Admission:20 Jan 1999


Qualifications: Bsc(Hons); M.App.Sc; LLB

Building and construction disputes commonly involve technical questions and expert opinion. Jon’s commercial practice focuses on disputes involving technical subject matter in a range of fields including building and construction. Jon’s strengths in this area include identifying the role of expert opinion and assisting the preparation of credible evidence that addresses the issues that count.

Jon’s academic background includes medical sciences and engineering. He has assisted clients in disputes involving construction, mechanical engineering, solar technology, mineral processing/metallurgy, industrial chemistry, biotechnology, pharmaceuticals, veterinary and agricultural products and IT.

Jon’s broader practice includes competition law and intellectual property, areas of law that can arise in more complex construction disputes.

36 37

Peter is an experienced advocate, based in Melbourne, Australia. He has been briefed to advise and represent clients, resident in Victoria, Western Australia, New South Wales, Indonesia, Singapore, Malaysia and Hong Kong.

Peter’s experience includes commercial crime trials, international money laundering & bribery proceedings, asset confiscation proceedings (federal & state), drug trials, regulatory investigations and coercive proceedings (e.g., ASIC & Australian Crime Commission proceedings), commissions of inquiry, crimes against the person (including alleged sex crimes) & property offences.

Peter has worked in Australia, Singapore and Malaysia for clients concerned in international money laundering and asset confiscation actions and inquiries, and international bribery proceedings.

Peter’s expertise extends to local government enforcement proceedings, all liquor law related matters, occupational health and safety matters, Victorian Building Authority proceedings and coronial inquests.

Peter represents members of the medical profession, teachers, members of the Australian Defence Forces, police officers, private security agents and migration agents in relation to alleged breaches of ethical standards, misconduct in office and unlawful conduct.

Academic teaching: Criminal Law at Latrobe University & Trial Practice and Advocacy at Monash University.

Telephone: +61 3 9225 8073


Date of Admission: 02 Nov 1981


Qualifications: BA,LL.B(Melb)

John C HallPeter J Haag

Telephone: +61 3 9225 6404




Qualifications: B.Comm/LLB

Born Melbourne Victoria and completed B.Comm/LLB at University of Melbourne 1980.

Articles at Barnet Rockman & Co, Solicitors in Frankston - 1980.

First call to the Bar in 1982. John read with Brian Collis Q.C. and completed the Bar Reader’s Course in 1982. John was admitted to Tasmanian Bar 1986, and NSW Bar 1989 and practised at the Queensland Bar 2008 - 2012.

He established the Gippsland Bar in 1984 with chambers in Sale approved by the Bar Council and appeared throughout Gippsland in the Magistrates’, County, Supreme and Family Courts 1984 - 1989.

John then practised as a consultant to several solicitors in Gippsland from 1989 until 1993, then was a sole practitioner solicitor on the Mornington Peninsula 1993 until 2006.

He was first accredited as an ADR Specialist by the LIV 1996, and as a Nationally Accredited Mediator 1996 & 2013 (AIFLAM) and now with the Vicbar.

John completed Specialist Accreditation - Family Law (L.I.V. 2013) and has maintained his specialist qualification. John also completed Accreditation as a Falmily Law Arbitrator on the AIFLAM List of Arbitrators maintained by pursuant to Regulation 67B, F.L. Regulations (1984).

John has practical experience in Building and Construction having project managed construction of general domestic housing, and multi-level commercial/residential unit developments in West Melbourne and Caulfield and completed Certificate III in OH&S 2011, and understands the building process and those involved, and the types of disputes that may arise from both a legal and a “hands on” perspective.

38 39

Timothy Hancock practises in both Melbourne and Sydney.

He was born and educated in Victoria, and spent some years as a secondary teacher. He was admitted to practice in South Australia in 1978 and in Victoria in 1980. He moved to Sydney in 1982, and was admitted to the Bar of New South Wales in 1984.

He has been a member of the Victorian Bar since 1986. He is also a member of the Queensland Bar and the New Zealand Bar.He has a general commercial practice, and has particular experience in marine insurance, maritime law, and information technology. He has appeared alone, and as leading counsel, in the Supreme Courts of most Australian States and in the Federal Court.He was a member of Blackstone Chambers in Sydney for 20 years, and moved to Tenth Floor St James Hall Chambers in 2005.

Telephone: +61 3 9225 7999



First Signed Bar Roll: 07 Mar 1986

Qualifications: BA, LLB, Dip. Ed. (Melb)

Penny A HarrisTimothy J Hancock

Telephone: +61 3 9225 7235


Date of Admission:17 Nov 2009


Qualifications: LLB (Hons), BA

Penny has a broad practice incorporating commercial law and public law. Penny has a particular interest in inquests and inquiries. She appears regularly in contested hearings, appeals and interlocutory matters in all State and Federal courts and tribunals.

Prior to coming to the bar, Penny was the Associate to Justice Robson of the Supreme Court. Penny also worked as a solicitor at Allens where her practice included general commercial litigation, freedom of information, contractual disputes and defamation claims.

Penny also practices in defamation and professional negligence actions, as well as in procedural matters such as interlocutory injunctions and applications under the Evidence Act 2008.

Penny’s recent and reported matters include:

• Darebin City Council v Municipal Association of Victoria [2017] VSC 51 (led by Julian Burnside AO QC): statutory interpretation• Perrier v Katsaros [2016] VCAT: retail lease/ successfully resisted injunction• De Lutis v De Lutis [2016] VSC (unled): certificate under s 128 of the Evidence Act 2008; freezing orders • Kheir v Minister for Immigration and Border Protection [2016] FCCA 1577: successful application for judicial review• MZANW v Minister for Immigration and Border Protection [2016] FCCA 2639: successful application for judicial review• Permanent Mortgages v Thompson [2016] VSC (unled): successful application for recovery of land

40 41

Jack Heeley practises in commercial law and has particular expertise in building, construction and engineering disputes. During his six years at the Bar, Jack has acted in:

• numerous building and construction proceedings before the Supreme Court and the County Court, including cases for some of Australia’s leading construction companies;• class actions before the Supreme Court;• a variety of commercial arbitrations;• a wide range of general commercial matters before the superior courts and the County Court;• VCAT proceedings, including, in particular, domestic building disputes and proceedings under the Water Act 1989.

Jack completed his Articles at Mallesons Stephen Jaques and thereafter practised as a solicitor in the firm’s dispute resolution group. While at Mallesons, he acted on a broad range of commercial matters with a focus on construction litigation and arbitration.

Immediately prior to coming to the Bar, Jack was an Associate at the Supreme Court of Victoria, first to the Hon. Justice Byrne, Principal Judge of the Commercial & Equity Division, and then to the Hon. Justice Bongiorno of the Court of Appeal.

Jack completed his Law degree (First Class Honours) at Monash University and holds a Bachelor of Planning and Design (Dean’s Honours) with a Property and Construction major from the University of Melbourne.

Jack Heeley

Telephone: +61 3 9225 8574




Qualifications: BPD (Property & Construction), LLB (Hons)

Wayne Henwood

Telephone: +61 3 9225 7999


Date of Admission:15 Feb 2005


Qualifications: LL.B (Hons)

Wayne has a broad practice and appears in all jurisdictions.He is currently a member of the AFL Tribunal and the AFL Anti-Doping Tribunal.

42 43

Tony has extensive experience in representing, advising and resolving disputes for local, state and federal government, statutory authorities, property owners, contractors, construction professionals, as well as professional indemnity, construction risk and liability insurers, particularly in cases before the Supreme Court, County Court and VCAT. He is a nationally accredited mediator.

Tony was a partner at DLA Phillips Fox for 10 years. He was a Member of the Victorian Legal Profession Tribunal for 8 years, and is currently a Member of the VCAT Legal Practice List.

Tony is a Senior Fellow of the University of Melbourne Law School, and a guest lecturer at the Monash University Law School, lecturing in construction and insurance law.

Reccent Cases:• acting for the City of Yarra in common law and statutory claims involving contaminated land: MFESB v City of Yarra (Vic. Supreme Court and Court of Appeal)• acting for consulting engineers in a dispute involving a major flooding of the Yallourn coal mine: EnergyAustralia Yallourn & Ors v SMEC Australia & Ors (Vic. Supreme Court)• acting for the EPA (Vic) in common law claims and judicial review sought by licensed landfill operators: Hi-Quality Quarry Products & anor v EPA (Vic) & Anor (Vic. Supreme Court)• acting for a building surveyor in Inquiries before the Building Practitioners Board relating to a major land subsidence, and a fire to an apartment building in the Docklands precinct• acted for a national contractor in a claim relating to the flooding of 52 floors of a high rise apartment building (VCAT)• acted for design engineers in a multi-party claim by Melbourne Water involving the alleged failure of sewerage treatment tanks (Vic. Supreme Court)• acted for train operators in claims involving metropolitan and regional railway level crossing collisions: V/Line v Jenkins & Ors and Metro Trains Melbourne v Bollen (Vic. Supreme Court)• acted for geotechnical engineers in a dispute involving the alleged failure of a municipal recreation facility, including claims against a Lloyd’s of London syndicate (Vic. Supreme Court)• acted for the EPA (Vic) in a class action arising from methane gas escaping from a landfill into a residential development: Wheelahan v City of Casey & Ors (Vic. Supreme Court)• acted for mechanical engineers in a multi-party construction and insurance dispute involving the alleged failure of a waste treatment facility in Western Australia: Biovision 2020 & SITA Australia v CGU Insurance & Ors (Vic. Supreme Court)• acted for building surveyors in a professional negligence claim involving proportionate liability: Godfrey Spowers v Lincolne Scott Australia & Ors (Vic Supreme Court and Court of Appeal).

Telephone: +61 3 9225 7704




Qualifications: LLB, BA (Hons)

Mark G KlemensTony Horan

Telephone: +61 3 9225 7999





Practises mainly in civil jurisdiction of all courts including VCAT.

Significant experience in Personal Injuries, Contract/Commercial disputes,

Industrial Relations Commission (Employment). Mediator.

Experienced in publishing, television and recording contracts/negotiations/disputes.

44 45

Joanne’s expertise and interest is in environmental and planning law. She appears regularly before the Victorian Civil and Administrative Tribunal, Planning Panels Victoria and the Supreme Court of Victoria.

Joanne has accepted briefs to represent and provide advice to the Minister for Planning, State Government departments, statutory authorities, developers & proponents, responsible & planning authorities and third party objectors. Joanne’s approach benefits from the extensive and broad experience she gained working as Legal Counsel in Local Government and as a Senior Associate specialising in commercial litigation in private practice.

In addition to her expertise in town planning, Joanne specialises in matters relating to contaminated land, wind farms, landfills, water (including review of decisions for groundwater licences and prosecutions under the Water Act), climate change, quarries, hazardous waste and noise & odour emissions.

Joanne is the legal editor of Victorian Planning Reports and a co-author of VCAT Decisions in Planning News.

She is a member of the Victorian Bar’s Climate Change and Environmental Law Panel, the Victorian Planning and Environmental Law Association and the Law Institute of Victoria’s Planning and Local Government Committee.

Telephone: +61 3 9225 8619





Simon W LeeJoanne Lardner

Telephone: +61 3 9225 6399



First Signed Bar Roll: 07 Feb 2014

Qualifications: B.A.; LLB; LLM

Simon specialises in criminal law, both trial and appellate and is a member of the VLA Criminal Trial Preferred Barrister List and holds an Indictable Crime Certificate (Victorian Bar).

He worked for Mitsubishi Corporation (oil and gas) in Tokyo for 5 years before completing his law degree at the University of Durham (1993-1996) and Legal Practice Certificate at the College of Law, York.

Simon worked for a Japanese bank in London as a trainee bond trader before returning to Australia to work at various law firms in Western Australia. He became an Australian Regular Army Legal Officer and was posted to Darwin. He was a prosecutor before commencing at the private bar (William Forster Chambers) in July 2005.

Simon is a Navy Reserve Legal Officer, fluent in French and Japanese and a Registered Adjudicator, Construction Contracts (Security of Payments) Act (NT).

Cases Simon has been involved in:• Burnett and Others v DPP [2007] NTCA 7 - Court’s inherent power to prevent unfairness or injustice; requirement for provision of judge’s reasons; operation of Criminal Property Forfeiture Act (NT)

• Playspace Playground Pty Ltd v Osborn [2009] FCA 1486 - Insolvent trading – meaning of incurring a debt for the purposes of s 588G of the Corporations Act 2001 (Cth)

• Muslimin v The Queen [2010] HCA - Statutory interpretation – Fisheries Management Act 1991 (Cth) – fishing of sedentary organisms (trepang) on Australian Continental Shelf not within Australian Fishing Zone. Successful appeal to HCA from NT Court of Criminal Appeal.

• Nasir v Northern Territory of Australia [2010] NTMC 055 - Claim for worker’s compensation under Worker’s Rehabilitation and Compensation Act (NT) Lo Castro v The Queen [No 2] [2013] NTCCA 15

46 47

Greg was a Senior Associate with Minter Ellison and a Partner with McCluskeys. Greg joined the Victorian Bar in 1991 and has a broad commercial practice which is involved in appearing in the following jurisdictions: Interlocutory applications and conducting trials in the County Court, Supreme Court and Federal Court. Appearances before specialists’ administrative tribunals and boards and disciplinary bodies including VCAT.

Appeals from tribunals to the Supreme Court. Specialist lists in the County Court, Supreme Court and Federal Court. Mediation both as Mediator and representing litigants.

Telephone: +61 3 9225 8706


Date of Admission: 01 Jun 1979


Brian G MasonGregory S Lucas

Telephone: +61 3 9225 7253


Date of Admission:17 Oct 2006


Qualifications: LLB (Hons); BCom (Hons)Master of Laws from the University of Melbourne.

A selection of the building and construction cases in which he has appeared include:

• V601 Developments Pty Ltd v Probuild Constructions (Aust) Pty Ltd (ongoing) –regarding a multi-purpose development at Victoria Street, Abbotsford (led by Nick Hopkins QC)• Morvic Pty Ltd v Medland Metropolis Pty Ltd (in liquidation) (ongoing) – regarding a nine-storey development in Grey Street, St Kilda (led by George Golvan QC)• A ‘chess clock’ arbitration before Sir Vivian Ramsey – regarding a highway duplication project (led by Jeff Gleeson QC)• An arbitration before Paul Santamaria QC regarding a gas pipeline project in Queensland (led by Nick Hopkins QC)• Façade Treatment Engineering Pty Ltd (in liquidation) v Brookfield Multiplex Constructions Pty Ltd – recovery of amounts payable under the security of payment legislation by companies in liquidation (led by Ian Upjohn CSC QC)• BAO Engineering Pty Ltd v LWY Constructions Pty Ltd – application to set aside a statutory demand seeking to enforce a purported adjudicator’s determination • Reasonda v Mardel Developments (Aust) Pty Ltd – breach of warranties under the Domestic Building Contracts Act 1995

He worked for six years in the construction groups at Minter Ellison and Mallesons Stephen Jaques in Melbourne, and Herbert Smith LLP in London.

Brian also spent 18 months working at the Department of Premier and Cabinet in Victoria, where he was involved in the East-West Link Project, the Port of Melbourne Port Capacity Project and the Flinders Street Station Design Competition.

His work on a variety of building and construction law issues has been published in numerous Australian and international journals, including the Building and Construction Law Journal, the Lloyd’s Maritime and Commercial Law Quarterly, and the International Construction Law Review.

Brian also contributed winning entries to the 2012 and 2013 Brooking Prize competitions conducted by the Society of Construction Law, Australia.

48 49

Andrew has a commercial litigation practice, with a focus on construction and property law. He also practices in insurance, insolvency, corporations and trusts, and general commercial and leasing disputes.

Andrew has a Bachelor of Science / Laws (Honours) from the University of Melbourne, where he was placed in the Dean’s Prize List for Science. Before coming to the Bar, he practised as a solicitor at Kliger Partners on a mix of construction and other general commercial disputes.

Andrew is regularly briefed in building and construction matters, as well as other disputes involving logistics, technology and engineering. He has extensive experience in the Supreme and County Courts, VCAT, commercial arbitrations and expert determinations. His previous cases have concerned such diverse subject matters as commercial and domestic building projects, civil and engineering works, industrial machinery, water pipelines, roadways and railways. He has particular experience with the Building and Construction Industry Security of Payment Act 2002 (Vic), both at the claim and review stages.

In his construction practice, Andrew is often called on to advise on liability and insurance issues, and to appear in proceedings against insurers. He also provides insurance advice to litigants outside of the construction industry.

Andrew has experience in a range of property matters, including adverse possession claims, partition orders, disputes over easements and covenants, trespass and nuisance claims, and leasing disputes.

Andrew also practices in the diverse areas of corporations, trusts and insolvency. His previous briefs have included proceedings to set aside statutory demands, company wind up and bankruptcy proceedings, “claw back” proceedings, public examinations by bankruptcy trustees, oppression actions, applications to replace trustees, and various equitable actions for breach of trust.

Telephone: +61 3 9225 6219




Qualifications: B.SC.; LLB (Hons)

Holly J E Nash (nee van den Heuvel)Andrew R Morrison

Telephone: +61 3 9225 8784




Qualifications: LLB (Hons), B Com

Prior to coming to the Bar, Holly was employed from 2004 to 2009 at Allens Arthur Robinson as a Senior Associate in the Litigation and Intellectual Property Department practising in Commercial Litigation, with a particular focus on real property litigation.

From 2001 to 2004 Holly was employed in the Commercial Litigation Department of Allen & Overy in London working in the area of commercial disputes, including real property disputes. Prior to moving to London, Holly completed her articles of clerkship in 1998 at Morrison & Sawers and moved to the Commercial Litigation group at Holding Redlich in 1999.

Since coming to the Bar Holly has continued to practice in all areas of commercial and banking litigation, and in particular, those areas involving real property, general contractual disputes, mortgage disputes, insolvency related matters, will and estate disputes and construction disputes. She has extensive experience appearing in all courts and tribunals

Holly is experienced in drafting advices, pleadings and other court documents. She appears regularly for parties in mediations and also as a mediator. She has also acted for both Contractors and Sub-Contractors in adjudications under the Building and Construction Industry Security of Payment Act 2002 (Vic) and applications for judicial review of those decisions in the Supreme Court of Victoria.

In June 2016, Holly was appointed as a Sessional Member at VCAT. She is appointed to the Residential Tenancies List, Civil Claims List and Owners Corporation List.

Holly is also a LEADR accredited mediator.

50 51

Articled to Messrs Kenna Croxford where he was exposed to criminal and commercial litigation. Later as a Senior Associate with Clayton Utz he practised in corporate and commercial litigation including Securities Law, Takeovers, Corporate Crime, Insolvency and matters relating to the exercise of power by the Australian Securities Commission (serving a secondment with the ASC). For two years, James worked in stockbroking with a special interest in derivative markets.

Telephone: +61 3 9225 6408




Qualifications: B.Ec. LL.B

Elle G NikouJames A J Nixon

Telephone: +61 3 9225 7330


Date of Admission:15 Feb 2012


Qualifications: BA, LLB (University of Melbourne), LLM (expected completion 2018) (University of Melbourne)

Elle Nikou accepts briefs in a broad range of commercial, administrative and common law matters. She has experience accross all Victrorian and Federal jurisdictions, and in the High Court of Australia.

Commercial, Administrative & Common Law

Elle has advised and appeared in complex trial, appeal and interlocutory matters representing corporations, public bodies and private individuals. Her matters have involved a diverse range of industries including agriculture, asset leasing, construction, cosmetics and pharmaceuticals, finance, hospitality, legal practice, media, publishing, real property, retail, incorporated associations and sports. Elle has also represented the State of Victoria numerous times, as well as having acted for local councils and other government and political entities.

In addition to her broad commercial experience, Elle has special experience in defamation and injurious falsehood matters acting for both plaintiffs and defendants in matters concerning both online and print publications.

As well as acting and appearing unled, Elle is frequently briefed as junior counsel assisting both Queens Counsel and senior-junior counsel.

Arbitrations

In addition to her commercial litigation practice, Elle accepts briefs to appear in commercial arbitrations, including international commercial arbitrations - which are a major focus of Elle’s ongoing post-graduate studies.

Other experience

Elle is presently undertaking her Masters of Commercial Law at the University of Melbourne.

Prior to coming to the Bar, Elle practised in commercial litigation and dispute resolution at Maddocks and Piper Alderman.

Elle read with Anthony Strahan. Her senior mentor is John Karkar QC.

52 53

Kateena has a BCL from Oxford University, where she studied as a Rhodes Scholar, and was associate to Justice McHugh for his final year on the High Court of Australia. Kateena was called to the Bar in Queensland in 2009, before coming to the Victorian Bar in 2013. Prior to that, Kateena was Lecturer in Corporate Law at Queen Mary, University of London. Kateena has a broad practice with a focus on commercial litigation, public law and tax.

• Acting in proceedings concerning inducement to breach contract and breach of confidence between two ATM providers instructed by Ashurst (led by Chris Caleo QC): DC Payments Australasia Pty Ltd v Next Payments Pty Ltd.

• Acting for OZ Minerals Ltd in a shareholder class action in the Federal Court instructed by Freehills (led by Michael Garner QC with Rob Craig).

• Acting for a former investor in an insolvent timber investment vehicle in proceedings in the Supreme Court of Victoria (without a leader): Willmott Finance Pty Ltd v Caling.

• Acting on behalf of the class of home insulation businesses before the Royal Commission into the Home Insulation Program (led by Michael Windsor SC, Report of the Royal Commission into the Home Insulation Program, August 2014).

• Acting for the Commonwealth of Australia before the Queensland Floods Commission of Inquiry that examined the 2010/2011 flood disaster that affected 70% of Queensland (led by Fiona McLeod SC).

• Acting for the Attorney-General for the State of Victoria intervening in an appeal to the High Court concerning section 2 of the New South Wales Constitution Act 1855 (NSW) (led by the Solicitor General for Victoria, Richard Niall QC): New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50.

Telephone: +61 3 9225 7346


Date of Admission: 10 Jun 2003

First Signed Bar Roll: 01 Jun 2013

Qualifications: BA, LLB, BCL

James C PatersonKateena A O’Gorman

Telephone: +61 3 9225 6487




Qualifications: LLB, B.A.

Extensive experience as a commercial barrister primarily practising in the civil jurisdictions of the Federal, Supreme and County Courts and in appeals to the Court of Appeal and High Court of Australia. Retained to advise and appear in large and complex litigation and arbitrations concerning listed public and private companies, directors and individuals with domestic and international disputes, involving expert financial, accounting and valuation evidence. Interlocutory applications including injunctions.

Recent and significant cases:

• Investec Bank v Mann & Mortimer (VSC) (building/construction, developer) (banking, contract, securities, strikeout)

• Chiodo v Brincat (VSC) (building/construction, developer) (injunction, property development, contract, securities)

• Feesty v Freshwater Residential Pty Ltd (VSC) (building/construction, developer) (TPA, real estate agency, real property)

• Hamton (JV) (Malvern) v Ashington Capital (VSC) (building/construction, developer) (property development, real property, securities, contract)

• Premier Building v Spotless Group (VSC) (building/construction, developer) (nuisance, insurance, insolvency, construction)

• Public Trustee of Queensland v Sgro Developments (VSC) (building/construction, developer) (injunction, property development)

• Mazzacca v S&I Enterprises (VSC) (property purchase) (real property, TPA)

• Commissioner of State Revenue v Aidlaw (VSC) (stamp duty) (taxation, contract, TPA)

• Littore v Rabobank (VSC) (grape/wine production) (banking, primary industry, securities, insolvency)

54 55

Practises in major construction disputes, commercial, corporations, Trade Practices, property and trusts. Experienced in long cases management and computer litigation support. Nationally Accredited Mediator.

Qualifications: 1977 : Admitted to practise as a Barrister and Solicitor of the Supreme Court of Victoria and High Court of Australia. Also admitted to practise as a Barrister and Solicitor of the Supreme Court of the Northern Territory and Supreme Court of New south Wales.

Professional Experience: Jan 1990 to 1992 : Consultant, Westgarth Middletons, Solicitors, Melbourne.

Prior partner Garland Hawthorn Brahe

Positions held: Teasurer Commercial Bar Association of Victoria

Secretary Melbourne TEC Chambers

Academic Awards: Supreme Court of Victoria Prizes for top student in Civil Procedure and Professional Conduct.

Telephone: +61 3 9225 7788




Graham W RobertsonIan H Percy

Telephone: +61 3 9225 8092




Qualifications: LL.B (Melb)

Master Noel Ackman QC

Articles - Ellison Hewison & Whitehead (Minter Ellison), Partner - Herbert Geer & Rundle (1971 to 1983).

Areas of Practice: Insurance, Equity/Trusts, Legal Services Board, Partnership Disputes and Probate/Wills/TFM.

Lectures/Articles - “Equitable Remedies and Constructive Trusts” for B.L.E.C, “Cross Vesting; Rights of Third Parties and de facto Issues” for Leo Cussen Institute.

Accredited Mediator.

Associated activities - Legal talk-back host (1978 to 1991) 3UZ and 3AW “Richard Roe Talking Law,” Co-producer for Seven Network of “Everything You Wanted to Know About The Law and Couldn¹t Afford to Ask” and “Everything Else You Wanted to Know About The Law and Couldn¹t Afford to Ask.”

56 57

Maya has over 20 years’ experience at the commercial bar appearing in applications, directions and trials in jurisdictions from VCAT to the Victorian Supreme Court of Appeal.

Although her practice encompasses a broad range of commercial matters, Maya has a wealth of experience in both large and smaller Building/Construction matters in the Supreme, County and Magistrates Courts, acting both for and against builders, joint ventures, partners, investors and insurers in commercial and residential building and Water and Fencing Act related matters.

Maya completed her Australian Mediation Training in 2004. She is an accomplished and strategic negotiator and will provide early advice to instructors and clients on limiting the costs and risks of lengthy and expensive trials where appropriate. She has successfully employed the Civil Procedure Act 2010 to enforce procedural compliance by opposing parties in disputed matters including on matters of costs.

Maya completed her articles with Darvall McCutcheon in 1989 and worked as a commercial litigation solicitor at that firm and later at Lander & Rogers. In 1993 she was appointed an Associate at Jack Cohen, Serry & Co. On coming to the bar, Maya was extremely fortunate to read with the Honourable Justice Almond as one of only 5 readers before he took silk and his only female reader.

Maya is a regular contributor to the Bar Readers Course in advocacy training and has travelled a number of times with the Victorian Bar Pacific Rim Committee to Papua New Guinea and the Solomon Islands to carry out advocacy training of local students and lawyers.

Telephone: +61 3 9225 6851




Qualifications: BA (Hons) (Melb), LLB (Monash), LLM (Commercial Law)

Tristan SedalMaya Rozner

Telephone: +61 3 9225 8309





Before joining the Bar Tristan practised at Mallesons Stephen Jaques in its Dispute Resolution group and prior to that at Minter Ellison in its Construction, Dispute Resolution and Media, Communication & Technology groups. As a solicitor, Tristan acted in a wide range of disputes including: commercial, construction and defamation litigation in the Supreme Court of Victoria; telecommunications arbitrations before the Australian Competition & Consumer Commission; applications to the Federal Court of Australia for judicial review; and appeals to the High Court of Australia and the Supreme Court of Victoria Court of Appeal.

Tristan has made numerous court appearances across a number of jurisdictions, including the Victorian Civil & Administrative Tribunal (Legal Practice List and Domestic Building List), the Magistrates’ Court of Victoria, the Federal Magistrates Court of Australia, the Federal Court of Australia, the County Court of Victoria and the Supreme Court of Victoria. Published decisions in which

Tristan has appeared include:• Metricon Homes Pty Ltd v Hooper [2014] VSC 12• Hooper v Metricon Homes Pty Ltd [2014] VCAT 277• Clarendon Homes Vic Pty Ltd v Zalega [2010] VCAT 1202• Sivritas v Sivritas & Anor [2008] VSC 374 • DPP v Williams [2004] VSC 360.

• Tristan has significant experience in large commercial and construction disputes as junior counsel and prior to that as a solicitor. As a solicitor he acted in number of multi-million dollar disputes including: Orrong Strategies Pty Ltd v Village Roadshow Ltd [2007] VSC 1 (a large commercial / contractual dispute); Supreme Court litigation regarding the construction of a gas pipeline in Western Australia’s Pilbarra Region; and large arbitrations before the ACCC on behalf of Telstra in respect of the pricing of Telstra’s copper network.• Upon joining the bar Tristan was briefed by Mallesons as junior counsel in the pipeline construction dispute referred to above. More recently he has acted for Melbourne Water Corporation in successful Supreme Court litigation regarding alleged misleading and deceptive conduct in relation to an IT outsourcing tender and he has acted for one of the defendants to a class-action against the City of Casey in respect of a landfill gas leak.• Tristan has also acted in a number of professional negligence disputes including acting on behalf of barristers, solicitors, builders, building owners and real estate agents.

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Articles at Freehill Hollingdale & Page 1990.

Associate to Justice McGarvie and Justice Harper of the Supreme Court of

Victoria. Practises in Commercial, Civil, Industrial, Trade Practices,

Intellectual Property and Property Law.

Telephone: +61 3 9225 8660




Qualifications: LL.B

Dimitri TernovskiScott W Stuckey

Telephone: +61 3 9225 7999


Date of Admission:09 Nov 2010


Qualifications: LLB (Hons) (Melb); B Comp Sc (Monash)

Dimitri practises in commercial, revenue and administrative law and in appellate criminal law. He regularly appears in the Victorian Supreme Court and the Court of Appeal, and has appeared in the High Court. He is a nationally accredited mediator.

Dimitri’s commercial practice covers the full breadth of commercial disputes, including contractual, trade practices, restraint of trade, corporations, real property and intellectual property matters. Dimitri also appears and advises in revenue matters.

Dimitri is regularly briefed in conviction and sentence appeals in the Victorian Court of Appeal.

Dimitri’s administrative law practice includes both judicial and merits review. He also advises and appears in matters involving Victorian and Commonwealth constitutional law.

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John has an extensive commercial practice, including in the areas of professional liability, insurance, contractual disputes, building and construction law, corporations law, equity and trusts, property, stamp duty and tax, torts, trade practices, insolvency, and banking and finance. He has a large advisory practice and is an experienced advocate.

Previously, he was a solicitor at Freehills and a special counsel at Norton Rose Australia.

John has significant experience in class actions and major litigation. He has expertise in the area of proportionate liability, which is often of critical importance regarding construction law claims, and has presented many seminars on the subject. He is experienced in mediation and other forms of alternative dispute resolution, and is firmly committed to obtaining timely and cost-effective outcomes for clients.

In his construction law practice, John has acted in a wide range of disputes, including as follows:• claims against building professionals including architects and building designers, engineers and surveyors;• claims against building contractors arising from fire damage; • claims arising from water ingress and toxic mould;• claims arising from defective plumbing works;• claims against municipal authorities;• claims regarding defective footings and foundations, and pure economic loss;• claims regarding damage to underground services;• insurance disputes; • contractual disputes, and quantum meruit claims; and• disciplinary hearings before the Building Practitioners’ Board.

John is a Senior Fellow of the University of Melbourne Law School, where he lectures in postgraduate insurance law for the masters program.

Telephone: +61 3 9225 6415




Qualifications: LL.B, B.Mus. (Hons)(Melb)

James B WatersJohn A Tesarsch

Telephone: +61 3 9225 6225




Qualifications: JD (Melb), BE (Hons)

James practices primarily in commercial law, with a focus on technical, engineering and construction disputes, equity and class actions.

Before joining the Bar, James was an Associate at Allens for three years in the construction disputes and commercial litigation teams. His practice included advising construction and engineering clients on complex construction and technical disputes and the administration of major projects. James was also involved in complex class actions, insurance disputes and product liability claims.

Prior to his legal career, James worked as an engineer in both construction and consulting environments. James was involved in the construction of a major arterial transport link and consulted in relation to the design, installation and commissioning of a diverse range of bespoke robotics in various industrial settings.

James read with Simon T Pitt and his senior mentor is Jeremy Twigg QC.

Recent matters include:Building and construction matters:Various domestic and commercial / industrial building disputes in VCAT relating to defects, quality, delays, costsResidential housing foundation defects cases, including slab heave mattersDisputes as to various standard form contracts, including AS2124, AS4000-series, HIA, MBC4

Disciplinary matters and associated administrative law reviews, including:Assisting and defending Building Practitioners Board Inquiries into the conduct of Registered Building PractitionersAdministrative review of a VicRoads tow truck driver licensing decision in VCAT

Contract and commercial law matters:Appearing in relation to a joint venture dispute regarding contributions made to a substantial residential property development

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Jeremy is ranked in Doyles Guide 2017 (peer reviewed) as a Leading Construction & Infrastructure Barrister (Victoria). He was also ranked in 2015 and 2016.

Jeremy appears and advises in commercial disputes involving contracts, construction & infrastructure, insurance, professional negligence, corporations, insolvency, administrative law and statutory interpretation.

Jeremy’s main recent experience is in large-scale construction and infrastructure disputes involving arbitrations (both domestic and International Chamber of Commerce) and litigation, primarily: • acting for a contractor in an ICC arbitration in respect of a major infrastructure project in Queensland, led by N Pane QC (March 2014 to April 2015, and December 2015 onwards); Queensland Curtis LNG Project (QCLNG): • acting for a contractor in a domestic arbitration arising from a 500km steel welded pipeline project, led by G McArthur QC and N Pane QC and, in seeking leave to appeal to the Supreme Court of Queensland, by D Jackson QC (McConnell Dowell Constructions (Aust) Pty Ltd & Anor v QCLNG Pipeline Pty Ltd [2014] QSC 157) (October 2012 to March 2014).

Jeremy’s other recent experience includes:• Federal Court bankruptcy trial on a question of statutory interpretation concerning a trustee’s objection to discharge (heard by Moshinsky J on 30 March 2016, judgment reserved);• professional negligence trial for an insurance broker in respect of a claim after a fire (Land Management Holdings Pty Ltd v Sherbourne Insurance Services Pty Ltd [2015] VCC 953);• County Court proceeding for possession involving complex defences and counterclaims for statutory unconscionability under the Australian Consumer Law and the ASIC Act (settled before hearing);• professional negligence proceeding in VCAT for a building surveyor in respect of a multi-unit development (Owners Corporation PSC21796Q v Eliana Construction and Developing Group);• land dispute involving an electricity distributor under the Electricity Industry Act 2000 and the Land Acquisition and Compensation Act 1986, led by R Manly QC;• Application and appeal to set aside a statutory demand founded on a “Running Balance Account ficit debt” under the Taxation Administration Act 1953 (Australia DIS Pty Ltd v DCT [2012] VSC 331).

Telephone: +61 3 9225 6960





Jonathan WilkinsonJeremy J Whelen

Telephone: +61 3 8600 1733




Qualifications: JD, BA, Melbourne University

Jonathan is experienced in running domestic building disputes for and against owners and builders, and other contractors at VCAT and in the County Court.

He has experience issuing proceedings from the outset, appearing at compulsory conferences and hearings, and running matters through trial to judgment.

Jonathan has dealt with complex matters which involve multiple parties and experts, including those where proportionate liability and apportionment are at issue.

He is skilled at achieving the best outcomes for clients with minimal time and cost.

He also has experience with the Building and Construction Industry Security of Payments Act - both issuing and resisting claims.

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Dever’s ListBarristers’ Clerk

Owen Dixon Chambers, 205 William Street Melbourne 3000

Telephone: (03) 9225 7999 - 24 hour contact: 0416 087 999

Email: [email protected] - Web site: www.deverslist.com.auDX: 96

ABN 16 618 847 608

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