SIGNIFICANT CASES WITHIN THE LAST 18 MONTHS

1. Breach of lease:

Associated Precast Concrete (Aust) Pty Ltd v Camcoo Nominees Pty Ltd, Supreme Court of Victoria (S CI 2012 4569); Elliot J; leading J. Buchecker; opposed to P. Riordan QC and R. Sofroniou; instructed by F. Butera & Co.

2. Removal of trustee; joint venture dissolution:

Gee Dee Nominees Pty Ltd v Tower Hill One Investments Pty Ltd, Supreme Court of Victoria (S CI 2013 03307); Tower Hill One Investments Pty Ltd v Gee Dee Nominees Pty Ltd (S CI 2013 3938); Sifris J; opposed to C. Shaw; instructed by Obst Legal.

3. Construction litigation:

(a)    Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSC 201 – Vickery J; led by R. Manly SC opposed to M. Dempsey SC and A. Morrison; instructed by Wisewould Mahony.

(b)    Concept Design and Construction Pty Ltd v Magowan; VCAT D910/2010; leading M. Hooper (for part); opposed to M. Roberts SC and B. Murphy; instructed by Browne & Co.

4. Appeal – New test for summary judgment (s63 Civil Procedure Act):

Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd [2013] VSCA 158; Warren CJ, Nettle and Neave JJA; led by R. Manly SC; opposed to M. Dempsey SC and A. Morrison; instructed by Wisewould Mahony.

5. Professional negligence, conversion, breach of fiduciary duties, freezing orders:

Digney v Reardon; Supreme Court of Victoria Proceeding number 3426 of 2013; instructed by Tony Hargreaves & Partners.
(Ex parte application for freezing orders, Elliot J; ex parte application for freezing orders, Sifris J)

6. Breach of confidence and search orders:

Arafura Resources Ltd v Mackowski (Supreme Court of Western Australia Proceeding Number CIV 3086 of 2011); Le Miere J; opposed to N. Harrington; instructed by Middletons.

7. Major corporate fraud and breach of fiduciary duties:

(a)    Hodgson v Amcor Ltd (No. 8) [2012] VSC 162 – Vickery J; led by C. Gunst QC; opposed to Elliot SC with S. McNicol; instructed by A.J. Macken & Co.

(b)    Hodgson v Amcor Ltd (No. 9) [2012] VSC 205 – Vickery J; led by C. Gunst QC; opposed to Elliot SC with S. McNicol; instructed by A.J. Macken & Co.

(c)    Hodgson v Amcor Ltd (No. 10) [2012] VSC 294 – Vickery J; led by C. Gunst QC; opposed to Elliot SC with S. McNicol and L. Kirwan; M. Champion; instructed by A.J. Macken & Co.

SIGNIFICANT CASES PRIOR TO 1 JANUARY 2013

1. Major corporate fraud and breach of fiduciary duties:

(a)    Hodgson v Amcor Ltd [2010] VSC 204 – Emerton J; led by C. Gunst QC; opposed to J. Elliott SC, with R. Enbom and K. Beattie; C. Northrop; P. Riordan SC; M. Champion; instructed by A.J. Macken & Co.

(b)    Hodgson v Amcor Ltd [2011] VSC 63 – Vickery J; led by C. Gunst QC; opposed to N. O’Bryan SC with C. Button; S. Maiden; M. Champion; R. Doyle SC and O. Bigos; instructed by A.J. Macken & Co.

(c)    Hodgson v Amcor Ltd (No. 2) [2011] VSC 204 – Vickery J; led by C. Gunst QC; opposed to W. Houghton QC with S. McNicol and G. Fitzgerald; S. Maiden; M. Champion; R. Doyle SC and O. Bigos; instructed by A.J. Macken & Co.

(d)    Hodgson v Amcor Ltd (No. 3) [2011] VSC 272 – Vickery J; led by C. Gunst QC; opposed to W. Houghton QC with S. McNicol and G. Fitzgerald; P. Riordan QC with S. Maiden; M Champion; instructed by A.J. Macken & Co.

(e)    Hodgson v Amcor Ltd (No. 4) [2011] VSC 269 – Vickery J; led by C. Gunst QC; opposed to W. Houghton QC with S. McNicol and G. Fitzgerald; P. Riordan QC with S. Maiden; M Champion; instructed by A.J. Macken & Co.

(f)    Hodgson v Amcor Ltd (No. 5) [2011] VSC 295 – Vickery J; led by C. Gunst QC; opposed to W. Houghton QC with S. McNicol and G. Fitzgerald; P. Riordan QC with S. Maiden; M Champion; instructed by A.J. Macken & Co.

(g)    Hodgson v Amcor Ltd (No. 6) [2011] VSC 294 – Vickery J; led by C. Gunst QC; opposed to W. Houghton QC with S. McNicol and G. Fitzgerald; P. Riordan QC with S. Maiden; M Champion; instructed by A.J. Macken & Co.

(h)    Hodgson v Amcor Ltd (No. 7) [2011] VSC 309 – Vickery J; led by C. Gunst QC; opposed to W. Houghton QC with S. McNicol and G. Fitzgerald; P. Riordan QC and S. Maiden; M Champion; instructed by A.J. Macken & Co.

2. Construction of a major gas supply contract:

(a)    Tap (Harriet) Pty Ltd v Burrup Fertilisers Pty Ltd (Supreme Court of Western Australia Proceeding Number CIV 2329 of 2009); Le Miere J; led by N. Young QC; opposed to Zelestis QC with J. Thomson; C.G. Colvin SC; instructed by Middletons.

(b)    Tap (Harriet) Pty Ltd v Burrup Fertilisers Pty Ltd [2010] WASC 137; Le Miere J; opposed to J. Thomson; C.G. Golvin SC; instructed by Middletons.

3. Professional negligence:

(a)    Simply Irresistible Pty Ltd v Couper [2010] VSC 601; Kyrou J; opposed to D. Bailey; instructed by Obst Legal.

(b)    Simply Irresistible v Couper [2012] VSCA 128; Buchanan, Hollingworth and Neave JJA; opposed to D. Bailey; instructed by Obst Legal.

(c)    Tatjana Securities (Australia) Pty Ltd v WHK Pty Ltd & Ors; Supreme Court Proceeding Number 07005 of 2010; instructed by Obst Legal.

4. Private arbitration – sawlog supply contract:

CHH Woodproducts Australia Pty Ltd v Grand Ridge Plantations Pty Ltd; Arbitration; P Santamaria SC, Arbitrator; opposed to D. Morgan; instructed by Freehills.

5. Agreement to lease:

Barrett Burston Malting Co Pty Ltd v Austrak AFM Pty Ltd Supreme Court of Victoria proceeding number 9576 of 2008; led by M. Derham QC; opposed to T. North SC and A. Elder; instructed by Freehills.

6. Breach of contract, misleading conduct:

Coffey Environments Pty Ltd v Renex Group Pty Ltd; Supreme Court of Victoria proceeding number 5962 of 2011; leading L. Hawas, instructed by Kennedy’s Lawyers (Sydney).

7. Litigation arising from a fire and explosion at the Esso/BHP refinery at Longford including:

(a)    Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2003] VSC 27; Gillard J, led by J. Middleton QC and M. Derham QC; opposed to J. Burnside QC with D. Collins SC with R. Doyle; C. Caleo; C. Macaulay; instructed by Middletons.

(b)    Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2001] FCA 421; Merkel J led by J. Middleton QC and M. Derham QC; opposed to J. Burnside QC with H. Borenstein and R. Doyle; G. Nettle QC and J Beach QC with S. Anderson; M. Robbins; M. Sloss; J. Santamaria QC with C. Caleo; instructed by Middletons Moore & Bevins.

(c)    Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2001] FCA 64; Merkel J; led by J. Middleton QC and M. Derham QC; opposed to J. Burnside QC with H. Borenstein and R. Doyle; G. Nettle QC and J Beach QC with S. Anderson; M. Robbins; M. Sloss; J. Santamaria QC with C. Caleo; instructed by Middletons Moore & Bevins.

(d)    Secretary, Department of Treasury & Finance v Kelly [2001] VSCA 246; Ormiston, Callaway and Chernov JJA; led by J. Middleton QC; opposed to G. Nettle QC and M. Moshinsky; instructed by Middletons Moore & Bevins.

(e)    Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1510; Merkel J; led by M. Derham QC; opposed to D. Graham QC (Victorian Solicitor General); G. Nettle QC and J. Beach QC with S. Anderson; instructed by Middletons Moore & Bevins.

(f)    Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 495; Merkel J; led by Middleton QC; opposed to J. Beach QC with S. Anderson; instructed by Middletons Moore & Bevins.

(g)    Johnson Tiles Pty Ltd v Esso Australia Pty Ltd  [2000] FCA 212; Merkel J; led by J. Middleton QC; opposed to J. Burnside QC with I. Walker; J. Beach QC with S. Anderson; N. Young QC and C. Scerri QC with N Mukhtar; instructed by Middletons Moore & Bevins.

(h)    Longford Royal Commission 1999; D. Dawson QC and Mr B.Brooks – Royal Commissioners; led by Middleton QC with Derham QC, Titshall QC; instructed by Middletons Moore & Bevins.

8. Patent licence:

Biota Scientific Management Pty Ltd v Glaxo Group Ltd [2008] VSC 110; Whelan J, led by J. Sackar QC and S. Anderson SC; opposed to J. Karkar QC with M. Wheelahan SC and A. T. Strahan; instructed by Maurice Blackburn.

9. Major train derailment:

Twentieth Super Pace Nominees Pty Ltd v Australian Rail Track Corporation [2006] VSC 353 and [2007] VSC 84; Gillard J; led by M. Colbran QC; opposed to C. Blanden SC with H. Redd; instructed by Wisewoulds.

10. Infrastructure regulation:

(a)    Alinta Asset Management Pty Ltd v Essential Services Commission (No. 2) [2007] VSC 210; Hollingworth J; led by J. Delany SC; instructed by Blake Dawson Waldron.

(b)    Alinta Asset Management Pty Ltd v Essential Services Commission; Essential Services Commission Appeal Panel; Panel E2/2005; led by Delany SC; opposed to Houghton QC with P. Gray; instructed by Blake Dawson Waldron.

(c)    Graincorp Operations Pty Ltd v Freight Victoria Ltd; Essential Services Commission Appeals Panel E2/2003 (Mr R. Smith, Chairman, Appeals Panel); opposed to P. Hanks QC with P. Gray; instructed by Blake Dawson Waldron.

(d)    Citipower Ltd v Regulator General [1999] VSC 348; Eames J; led by P. Murdoch QC; opposed to N. Young QC with I. Upjohn; J. Beach; instructed by Phillips Fox.

11. Australian Prudential Regulation Authority prosecution:

VCC v Australian Prudential Regulation Authority [2008] AATA 580; Forgie (Deputy President) and E. Fice (Member), led by P Santamaria SC; opposed to F. McLeod SC with Lewis; T. North QC with A. Broadfoot; instructed by Slater & Gordon.

12. Antisuit injunction:

Tap (Harriet) Pty Ltd v Burrup Fertilisers Pty Ltd; District Court of Harris County, Texas, USA; Case number 2009.79864.

13. Coronial inquest:

Inquest into the Deaths of Jennifer and Alexander Elliot (1880/2008; 1881/2008); Coroner White; opposed to B. McTaggart; M. Hartley; A. Hill; J. Noy; J. Crosby; B. Penno; M. Stylianou; instructed by Massola Creighton.

14. Underground hydrocarbon contamination:

Masha Nominees Pty Ltd v Mobil Oil Australia Pty Ltd [2006] VSC 15; Masha Nominees Pty Ltd v Mobil Nominees Pty Ltd (No. 2) [2006] VSC 56; Hargrave J; led by W. Houghton QC; opposed to I. Waller with H. Redd; instructed by Blake Dawson Waldron.

15. Contempt of Court prosecution:

Deputy Commissioner of Taxation v Uysal [2004] VSC 278; Byrne J; leading L. Hawas of Counsel; opposed to A. Richards QC with H. Riley; instructed by L.N. Christie & Co.

16. Review of a sporting body determination:

South Melbourne Football Club v Football Federation Victoria Inc; [2010] VSC 355; Pagone J; opposed to R. Knowles; instructed by Lander and Rogers.

17. Appeals to the Federal Court from the Refugee Review Tribunal:

(a)    Kandiah v Minister for Immigration and Multicultural Affairs [1998] FCA 1145; Finn J; opposed to A. Bonnici and A. Krohn; instructed by Australian Government Solicitor.

(b)    Nguyen v Minister for Immigration for Local Government and Ethnic Affairs [1997] FCA 506; Mansfield J; opposed to J. Belpruno; instructed by Australian Government Solicitor.

(c)    Bachara v Minister for Immigration and Ethnic Affairs [1997] FCA 1475; Sundberg J; opposed to T. Fernandez; instructed by Australian Government Solicitor.

(d)    Ashraf v Minister for Immigration and Multicultural Affairs [1997] FCA 1256; Tamberlin J; instructed by the Australian Government Solicitor.

18. Family property and freezing orders:

Nikou v Kotaridis (Family Court of Australia proceeding 7416/2008); leading P. Byrnes; opposed to A. Kirkham QC with D. Christie; instructed by Hogg & Reid.

19. A potential new entrant to the domestic aviation industry:

(a)    Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd, Qantas Airlines Ltd and Federal Airports Corporation [1996] 139 ALR 633, Lockhart, Spender and Cooper JJA, led by Goldberg QC; opposed to E.Magee QC with F. McLeod; C. Maxwell; instructed by Middletons Moore and Bevins.

(b)    Aussie Airlines Pty Ltd v Australian Airlines Pty Ltd, Qantas Airlines Ltd and Federal Airports Corporation [1996] FCA 1773, Northrop J, led by Dr P. Buchanan QC; opposed to I. Sutherland QC with F. McLeod; C. Maxwell; instructed by Middletons Moore and Bevins.
Recent Seminar papers or publications

1.    Execution of Anton Pillar Orders – 19 March 2009

2.    An Introduction to the Australian Consumer Law Bill – 2 September 2010

3.    The Internet and Dispute Resolution – 24 February 2011

4.    Interest on Judgment Sums – August 2012

5.    Advising Difficult Clients – September 2012

6.    Leases and Uncertainty – September 2012

7.    Section 63 of the Civil Procedure Act 2010 (Vic): A new test for summary judgment? – (2013) 2 JCivLP 205 (with E. Madden).

8.    Problem with Contractual Indemnities – And How to Avoid Them

9.    Legal Professional Privilege – An Overview – 24 March, 2016

10.  Problems with Ongoing or Long Term Contracts – 24 March, 2016

11.  The solicitors letter – 2018