ANDREW M BELL

Bar Roll – 20 May 2010
Admitted – 13 May 2007  

Phone – 9225 6071
Email – abell@vicbar.com.au
Chamber – Level 22, Room 2212, Aickin Chambers, 200 Queen Street, Melbourne 3000

Admitted to practice in

  • Victoria
  • High Court of Australia
  • Federal Court of Australia

Area of Law

  • Administrative Law
  • Bankruptcy/Insolvency
  • Building and Construction Law (Incl Engineering)
  • Commercial Law
  • Corporations (Company) Law
  • Equity and Trusts
  • Industrial Law
  • Intellectual Property
  • Tort
  • Trade Practices

About

Andrew practises principally in commercial and industrial law.  Examples of his recent experience at the bar include (the party for whom he was retained is bolded):

Competition & Consumer

  • ACCC v Willesee Healthcare Pty Ltd [2011] FCA 301; ACCC v Willesee (No 2) [2011] FCA 752: Federal Court proceeding under s.52 of Trade Practices Act regarding allergy treatment claims (led by P. Solomon SC)
  • ACCC v Metcash Trading Ltd [2011] FCA 967 (involved in pre-trial preparation)
  • Advices: third-line forcing notifications; possible cartel conduct by overseas parties; territorial restrictions among buying group members

Commercial

  • Amcor Ltd v Barnes & ors, Supreme Court of Victoria: alleged breaches of fiduciary and related duties by former employees (involved in trial preparation for 2nd – 4th defendants)
  • TI Asia Pacific Pty Ltd (formerly Shorko Holdings) & anor v Treofan Germany Gmbh & Co Kg & anor, Supreme Court of Victoria SC-I 2010 5855: restraint of trade (ongoing proceeding, led by M. O’Bryan SC)

Industrial or Employment

  • Grocon v CFMEU, Supreme Court of Victoria SC-I 2011 00751: picketing, injunctions – interference with contractual relations and nuisance (led by S. Wood SC)
  • Gregor v CFMEU [2011] FCA 808, Federal Court: Australian Building & Construction Commission proceedings concerning industrial action at the Royal Children’s Hospital and other sites (involved in pre-trial preparation)
  • McDermott Australia Pty Ltd v AWU & ors [2011] FCA 303, and separate Federal Court proceedings with similar parties (VID 797/11, VID 1018/11, VID 1040/11): industrial action. (Involved in injunction proceedings and trial preparation, led by S. Wood SC)
  • Mieka Pty Ltd v Jones, Federal Court proceeding VID 1048/10: claims against former employee concerning confidential information and customer lists (settled at mediation)
  • Advices: interpretation of enterprise agreements

Examples of other matters in which Andrew was sole counsel:

  • Brown & anor v Van de Steeg & anor, County Court Commercial List proceeding CI-10-00875: resisting freezing order application
  • Holt & anor v Donaldson Homes Pty Ltd, VCAT proceeding D744/09: domestic building complaint for rectification of works
  • Waters v Taulien, Magistrates’ Court proceeding Y0270986: motor vehicle accident damages claim in circumstances where subsequent unrelated accident wrote-off plaintiff’s car
  • GD Pre-Pack Fruits Pty Ltd & anor v Condor Fresh Pty Ltd & ors, Magistrates’ Court proceeding A144146: whether share sale agreement not completed and could be set aside
  • Craig & ors v David Langdon Landscapes Pty Ltd, VCAT proceeding D 927/ 2009: breach of domestic building agreement, claim for damages and rectification works
  • Yarra Community Housing v Tregonning: VCAT proceeding R2010/9410/01: application for possession by rooming house owner following notice to vacate. Respondent filed leave to appeal to Supreme Court (application was discontinued)
  • Asset Rehabilitation & Sustainability v Global Building Management Pty Ltd, Magistrates Court proceeding B12544400: resisting plaintiff’s application for summary judgment for progress payment claim under Building and Construction Security of Payment Act 2002
  • Other matters such as resisting Anshun stay application of claim (Supreme Court), applying to set aside judgment in default (Magistrates’ Court), injunctions in relation to possession of commercial tenancy (VCAT)

Before coming to the bar, Andrew was a senior associate in the dispute resolution group at Norton Rose (formerly Deacons).

His practice was broad and encompassed contractual disputes, building disputes, competition litigation, regulatory investigations, merger clearances, disputes arising from share sales and financial products, negligence/occupational safety, manufacturers’ warranty claims, and class actions.

Before joining Norton Rose in September 2006, Andrew was an Assistant Director with the enforcement branch at the Australian Competition & Consumer Commission.  Andrew joined the ACCC in February 2004.  At the ACCC, he was responsible for conducting investigations into a range of trade practices matters including cartels, misuse of market power, merger undertakings, resale price maintenance, misleading conduct, franchising, product safety, unconscionable conduct and telecommunications access arrangements.

Education:

Andrew’s qualifications include law, chemical engineering and public policy, each at an honours level.  Since 2008, he has been studying a Masters of Law by coursework.  His subjects undertaken to date are Market Power & Competition Law, Unjust Enrichment in Commercial Law, Advanced Evidence, and Corporate Insolvency and Reconstruction, Equity & Commerce, Cartels & Competition Law, Trade Marks & Unfair Competition.

Andrew is a member of the Commercial Bar Association and the Industrial Bar Association.