• Common Law
• Defamation
• Commercial Law
• Tax Law & Revenue Law
• Appellate
• Industrial Relations Law & Employment Law
• Criminal Law
• Public Law & Administrative Law
• Inquests, Inquiries, Tribunals & Commissions
• Environmental Law & Planning Law

Willem practices primarily in commercial and administrative law matters.

Practice

Willem advises and appears in a range of commercial disputes and also regularly acts in relation to administrative and/or public law cases involving questions of statutory interpretation,  merits and judicial review, and in particular proceedings with a focus on regulatory, disciplinary, environmental & planning law.

Willem’s commercial practice, while general in nature,  has a focus on contracts, property, corporations and torts.

He accepts briefs from prosecuting authorities, government bodies and agencies and acts for a range of different clients, including insurers, corporations and individuals. As well as regular advice and appearance work he is briefed for Inquiries, examinations, interlocutory applications, and, complex procedural questions of law and evidence, Willem appears in State and Federal jurisdictions at both trial and appellate levels, including Tribunals.

Background

Before coming to the Bar Willem was a Judicial Associate and practised as a lawyer for several years. Previously, Willem has worked for an international company based in The Netherlands specialising in the development and distribution of printed and digital media. He also completed an extended internship in the area of climate change and desertification.

Willem graduated with a Juris Doctor from Melbourne University. He has completed studies in Dutch law and holds a Masters of European and Public International Law (Hons) alongside a degree in Town Planning.  He read with Justin Brereton and his senior mentor was Richard Attiwill QC (now Justice Attiwill). Willem is a teaching associate at Monash University.

Recent cases

Some matters in which Willem has advised or appeared include:

Commercial

• • • Ball & Doggett v Coniglio Enterprises Pty Ltd & Ors [2024] VSC ( misleading and deceptive conduct, breach of warranty, restraints; employer poaching, ongoing).
    • Hasslinger & Anor v Walter & Pearce Webster Dugdales [2024] VSC ( professional negligence, equity;  ongoing);
    • Nu Value Homes Pty Ltd (ACN 616 988 268( In Winding Up) v Cahill & Ors [2024] CCV, (for the insurer, building costs recovery);
    • Nu Value Homes Pty Ltd (ACN 616 988 268( In Winding Up) v Martin & Ors [2024] VCAT (for the insurer, building costs recovery);
    • Wang v Holiiez Investment Group Pty Ltd & Ors [2023] CCV (Building contract, misleading & deceptive conduct, tort of deceit; statutory interpretation, resolved at mediation) .
    • Mutton (liquidator) v De Matteis, In the matter of de Matteis Pty Ltd (in liq)(set aside application)  [2023] FCA 1649
    • Wang v  UD & C Urban Design & Ors  [2023] CCV (for the Plaintiff, construction contract, professional negligence, ongoing).
    • Gunawan & Chandra v VMIA [2023] CCV (Insurance recovery action).
    • Re Estate of L Kosta [2023] VSC (Wills & deceased estate, dispute rightful executor).
    • Energy Australia Pty Ltd v Ivanhoe Ops Pty Ltd [2022] CCV (for the Plaintiff, breach of energy supply agreement & statutory interpretation).
    • Allkem Ltd and Minera Santa Rita SRL – (Advise Alkem Ltd on share sale and Heads of Agreement for lithium tenement);
    • Energy Australia Pty Ltd v SBG Building Group Pty Ltd [2022] VSC (For the plaintiff, resist application to set aside statutory demand).
    • Energy Australia Pty Ltd v SBG Building Group Pty Ltd [2022] CCV ( For the plaintiff, successful application for summary dismissal).
    • Tatura Milk Industries Pty Ltd [2
    • Fu v Madison Marcus (Vic) Pty Ltd [2022] MCV (For the defendant, breach of consulting agreement, misleading & deceptive conduct, resolved).
    • Baracon Builders Pty Ltd v Simon and Mary Zannis [2022] VCAT BP694/2020 (For the respondent, security for costs application).
    • Re Jackanic & Jackanic v Stranscak [2022] VSC (Wills & Deceased estate – Part IV Application – resolved)
    • Wegner & Anor v Mayberry & Anor  [2020] VSC 239 (Urgent application for caveat removal, unled).
    • Andonov v Stojanovksi [2022] VCC (intentional torts, resolved).
    • Andonov v Stojanovksi  [2020] VCC 266 (Statute of limitations).
    • Happy Homes Building Group Pty Ltd v Registrar of Titles Victoria & Ors [2020] VCC 433 (Security for costs application, unled).
    • Martin Builders Pty Ltd v Kane Worthy Constructions Pty Ltd [2020] (VCAT) Joint Venture contractual building dispute, unled, resolved at mediation).
    • Morrissey v Drilco Australia Pty Ltd & Ors [2020] (VSC, Defending a common law negligence claim,unled, resolved).
    • C Tina Pty Ltd v Jennifer Barham-Floreani [2019] (VSC, Breach of multimillion dollar loan guarantee and indemnity, unled).
    • C Tina Pty Ltd v Jennifer Barham-Floreani [2019] VSC 819 (Review of refusal of debtor’s application for instalment order, unled).
    • e-Mersion Media v In the Code Pty Ltd & Anor [2018] (injunction and application for damages concerning breach of copyright involving a digital media platform (FCA, led by Ian Upjohn KC, resolved by consent).
    • Advising and appearing for a large multinational company in an intellectual property dispute concerning misuse of proprietary imagery (FCA, unled, resolved by consent);
    • Proceedings at VCAT including: a five day hearing for claim for loss and damage against guarantors under the Retail Leases Act 2003 (Vic) involving an allegation of fraud with expert handwriting evidence (unled);

Public law

• • • CEO Department of Health v KMD & Ors, [2024] HCASL 271 – Stay & special leave application HCA  (led by Emrys Nekvapil SC, ongoing);
    • CEO Department of Health v KMD & Ors, [2024] NTCCA 8 (Judicial review, operation of Custodial Supervision Order,  led by Emrys Nekvapil SC);
    • Greyhound Racing Victoria v Kipirtidis, [2024] VRT (Tribunal hearing, illegal substances, for GRV);
    • advising a large organization on the operation and their specific obligations under the Privacy Act 1988 (Cth) and the Privacy and Data Protection Act 2014 (Vic);
    • Alpine Shire Council v Hollow [2019] (MCV, unreported, unled for Council, successfully opposed, question of statutory interpretation);
    • applications for review under the Migration Act 1953 (Cth) including:
      • NDBR v Minister for Home Affairs & Anor [2021] FCAFC 170 (Judicial review of decision under s 501 Migration Act (Cth) led by Guy Gilbert SC for the Appellant);
      • Pereira v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] AAT (restricted) (s501 visa cancellation overturned).
      • Niu v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] AAT (s 501 visa cancellation, Obtain financial benefit by deception – $9m ).
      • Kumar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCFCOA (Skilled visa cancellation).
      • CZS16 v Minister for Immigration and Border Protection & Anor [2019] FCCA 3224, (unled)
    • Lim v  Big Watermelon Bushy Park Pty Ltd  FCC [2022](General protection claim).
    • Duran, Aftabzedeh & Zheng v Max Therapy Holdings Pty Ltd FCC [2022] ( Underpayment; sham contracting claim).
    • Aun v KDRF Holding Pty Ltd & Ors  MLG1120/2019 FCC (Underpayment. claim).
    • Lah v State of Victoria [2022] CI-22-00364 (Intentional torts, resolved at mediation).
    • Mead & Brotherton v State of Victoria [2023] CI-22-00691 (Intentional tort).
    • applications for review of decisions at the AAT, for example, under A New Tax System (Famiily Assistance)(Administration) Act 1999 (Cth); Income Tax Assessment Act 1936; and, the Paid Parental Leave Act 2010 (Cth; VCAT, and for example, VicRoads.

Planning & Environmental law

• • for developers and objectors in town planning applications
  • Johnstone & Ors v Wangaratta Rural City Council [2021] (Heritage overlay);
  • Pipingas v Stonnington CC  [2019] VCAT 1713, unled.
  • enforcement orders, applications to remove restrictive covenants and caveats.
  • advising a number of not-for-profit organizations on the validity of the Victorian government’s Public Housing Renewal Program and the proposed relocation process in relation to the Residential Tenancies Act 1997 (Vic); the Housing Act 1983 (Vic); and, the Charter of Human Rights and Responsibilities Act 2006 (Vic);
  • for local governments in relation to claims involving the Local Government Act 1989 (Vic); Crown Land (Reserves) Act 1978 (Vic); and, Valuation of Land Act 1960 (Vic);

Advising Disaster Legal Help Victoria on emergency evacuation procedures & the right of return under the County Fire Act 1958 (Vic); Emergency Managment Act 2013  & 2015 (Vic); Parks Victoria Act 2018

Memberships

The Commercial Bar Association

Migration Law Bar Association