PETER BOOTH

Bar Roll – 30th May 1991    
Admitted – 11th April 1985

Phone – 03 9225 8527
Mobile – 0412 376603
Email – pbooth@vicbar.com.au
Chamber – Floor 28, Aickin Chambers

PETER BOOTH

Bar Roll – 30th May 1991    
Admitted – 11th April 1985

Phone – 03 9225 8527
Mobile – 0412 376603
Email – pbooth@vicbar.com.au
Chamber – Floor 28, Aickin Chambers

Admitted to practice in

  • Victoria
  • High Court

Area of Law

  • Administrative Law
  • Banking and Finance
  • Bankruptcy/Insolvency
  • Building and Construction Law (Incl Engineering)
  • Commercial Law
  • Corporations (Company) Law
  • Equity and Trusts
  • Family Law
  • Insurance Law
  • Intellectual Property
  • Leases : Commercial and Retail Tenancies
  • Migration Act
  • Property Law/Sale of Land
  • Trade Practices

About

Peter Booth practices in commercial law in all jurisdictions with an emphasis on matters involving contract, equity, company law and trusts. Peter also has experience in class actions in both the Federal Court and Supreme Court of Victoria. Peter appears predominantly in the Supreme Court of Victoria and Federal Court of Australia.

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

Professional Standards Act 2003 [Vic] “Liability limited by a scheme approved under Professional Standards Legislation.”