Archive

Duncan practices in the areas of occupational health and safety, disciplinary proceedings, employment law and coronial inquests.

Before coming to the Bar, Duncan was a Senior Lawyer at the Victorian WorkCover Authority (WorkSafe) where he prosecuted offences under the Occupational Health and Safety Act 2004, Accident Compensation Act 1985 and Workplace Injury Rehabilitation and Compensation Act 2013.  Before joining WorkSafe, Duncan was a Senior Solicitor in the Workplace Relations Branch of the Victorian Government Solicitor’s Office, where he provided advice on matters related to safety law, employment law and workers’ compensation.

In 2010, Duncan was an Associate to his Honour Judge Misso.  Prior to that, Duncan completed his legal traineeship at Slater & Gordon Lawyers. 

 

John came to the Victorian Bar in 1983 and read with Andrew Kirkham QC.

His practice developed to include both the criminal and civil jurisdictions in both the government and private sectors.

He now has extensive experience in coronial inquests. He also appeard with David Curtain QC on behalf of an electricity corporation at the Victorian Bushfires Royal Commission (2009).

In addition, he appears in disciplinary hearings at VCAT (Chinese Medical Registration Board of Victoria) and has appeared before the Medical Practitioners Board of Victoria (both as Counsel Assisting and representing medical practitioners) and at the Pharmacy Board of Victoria.

John’s recent appearances include the following:

Coroner’s Court as Counsel Assisting:

• train/truck collision (KERANG railway level crossing);
• suicide (BLOOMFIELD)
• murder (BOTTOMLEY & HOWE);
• motor vehicle/bicycle collision (PEOPLES);
• Victoria Police – pursuit (WSOL & BAN);
• Victoria Police – arrest (suspect with mental illness) (QUILKEY)
• Victoria Police – arrest (suspect with cardiac condition) (MILLS); and
• Victoria Police – arrest by Special Operations Group (murder suspect) (JOANNOU).

Coroner’s Court as Counsel for interested parties:

• Victorian WorkCover Authority (BAKER, JONES & ANDERSON);
• Corrections Victoria (CASTLE & JONES);
• Forensicare – Thomas Embling Hospital (SPLATT & NOTAS), Metropolitan Assessment Prison – AAU (WYLY) and Metropolitan Assessment Prison (OMEROVIC);
• Victoria Police Members – arrest (suspect with mental illness) (CHAPMAN);
• St Vincent’s Hospital Melbourne (PERRY, HARRINGTON, LAPILA, PANLOCK, HUYNH, WHYTE, STEPHENS, SHERRIFF, JENNINGS and PARKES);
• St Vincent’s Correctional Health Service – deaths in custody (WESTON, ZAYAT, WETCOTT, WHELAN, KENNEDY, VO, STEPHENS, BRIGHAM, CONDIE & KARASTAVROU);
• Latrobe Hostel (RICHMOND);
• Medical practitioners (intensive care physician, surgeon, radiologist, GPs and psychiatrist) (IREDELL, MARTINOV, RODGER, ACCARDO, KELLETT, ARTHUR & COLHOUN);
• Falls Creek Ski Lifts Pty. Ltd. – skiing accident (McARTHUR);
• Road Management Solutions Pty Ltd – industrial accident (RIMANICH);
• Ngaanyatjarra Pitjantjatjara Yankunytjatjara Women’s Council Inc. – petrol sniffers (KEN, HUNT, THOMPSON, RYAN & COOPER); and
• family of the deceased – infant (HEWITT).

Criminal matters

Defence work and prosecuting on behalf of the DPP and other government departments/agencies such as the Department of Sustainability and Environment, and the Victorian WorkCover Authority.

Supervision Orders

He regularly appears on behalf of The Secretary to the Department of Justice (instructed by Corrections Victoria, Russell Kennedy and the VGSO) in applications for Supervision Orders pursuant to the provisions of the Serious Sex Offender (Detention and Supervision) Act 2009.

Civil matters

John focuses on personal injury matters.

John has also practised away from the Victorian Bar with the following organisations:

• Aboriginal legal aid services of the Northern Territory (Alice Springs & Darwin);
• Royal Australian Air Force – prosecuting and defending at Summary Hearings and Courts Martial;
• Pitjantjatjara Council Inc. – advising on mining exploration applications; native title & land rights; personal injuries; intellectual property, submissions to the Commonwealth & State governments;
• Uluru/Kata Tjuta National Park Board of Management (the Traditional Owners of the Uluru/Kata Tjuta National Park);
• Mutijulu community, Northern Territory;
• Ngaanyatjarra Pitjantjatjara Yankunyjatjara Women’s Council; and
• Native Title and Indigenous Issues Unit – Department of Justice, State Government of Victoria.

 

Since coming to the bar Patrick has practised predominantly in commercial and personal injury litigation.

Patrick has acted for clients in a wide range of contractual disputes in the County Court, Magistrates Court, Supreme Court and VCAT.

He has also appeared, advised or prepared pleadings and paperwork in personal injury matters including statutory benefit claims, serious injury applications and common law damages trials.

In the course of his work at the bar he has also accepted briefs to advise and appear in employment law matters in the Federal Magistrates Court, the Full Federal Court and disciplinary tribunals.

In addition, Patrick has experience of preparing and appearing both alone and as junior counsel in appeals on a question of law and applications for judicial review. Recent appeal cases are:

·         Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd [2017] VSCA 161

·         Imerva Corporation Pty Ltd v Kuna [2017] VSCA 168

·         Kapadia & Anor v Adrian Porto t/as AP Concreting and Landscaping [2017] VSC 615

Before coming to the bar Patrick was a solicitor at Wotton + Kearney Insurance Lawyers. His work involved personal injury and Accident Compensation Act recovery proceedings, building and construction disputes, and preparation for the defence of large and small property damage claims in the Supreme Court and Magistrates Court.

His legal experience also extends to practising as a solicitor from 2008 to 2010 at the Victorian Aboriginal Legal Service where he managed a large caseload involving summary and indictable crime and regularly appeared in courts throughout Melbourne and regional Victoria.

Patrick was an Associate to the Honourable Justice Bongiorno at the Supreme Court of Victoria.

Upon coming to the bar he read with Robert Dyer (now Judge Dyer of the County Court of Victoria).

Carina accepts briefs in a broad range of civil matters, with a particular focus on common law.

Before coming to the Bar, Carina was Senior Associate to the Honourable Justice Keogh in the Supreme Court of Victoria. She had previously held positions as a Research Associate and as Associate to the Honourable Justices Redlich and Tate in the Court of Appeal, and as class actions legal officer and research assistant in the Court’s Common Law Division. In her work at the Court, Carina was involved in a wide range of personal injury matters including workplace injuries, asbestos litigation and common law class actions. She is also experienced in wills and probate, defamation, and judicial review matters, and in civil and criminal appeals.

Carina has assisted some of Victoria’s most disadvantaged people through her work as a solicitor in Victoria Legal Aid’s civil justice and summary crime divisions.

Carina holds a Bachelor of Arts and a Bachelor of Laws (both with First Class Honours) from Monash University. She is currently studying a Master of Laws at the University of Melbourne. Carina is a member of the Common Law Bar Association and the Women Barristers’ Association.

Carina is reading with Maria Pilipasidis, and her senior mentor is Bernard Quinn QC.

Tristan Nathanielsz accepts briefs from around Australia in a broad range of areas, including:

• TAC
• WorkCover
• Public/Product Liability
• Life insurance
• Criminal law

Prior to coming to the Bar, Tristan was an Associate in Slater and Gordon’s life insurance practice. He represented clients in disputes pertaining to payment of benefits under insurance contracts and litigated against allegations of fraud made by insurers. In 2016, Tristan was named as a finalist in the Insurance category of the Lawyers’ Weekly 30 Under 30.

While working as a solicitor, Tristan represented the Plaintiff successfully in the matter of Hellessey v Metlife Insurance Limited [2017] NSWSC 1284; Metlife Insurance Limited v Hellessey [2018] NSWCA 307.

Tristan obtained an Honours degree in Law from Monash University. He also completed a Bachelor of Arts, majoring in Criminology.

Since coming to the Bar, Tristan has appeared in several trials in Victoria and New South Wales pertaining to common law and insurance disputes.

Tristan also has an extensive criminal practice, having appeared in Magistrates’ Court and County Court matters, including a trial as junior to Philip Dunn QC and subsequently Justin Hannebery QC.

Notable cases include:

Supreme Court of Victoria

• Hamilton v Sampson [Appeared for the Plaintiff in a TAC damages jury trial led by Tim Tobin SC].

County Court of Victoria

• DPP v Hughes-Firgaria & Ors [2019] VCC 1870 [Appeared for the Accused in Criminal Trial led by Philip Dunn QC, subsequently Justin Hannebery QC]
• Simpson v VWA [2019] VCC 1301 [Appeared for the Plaintiff in Serious Injury Application led by James Mighell QC]
• Middlecoat v VWA [2019] VCC 369 [Appeared for the Plaintiff in Serious Injury Application led by Richard McGarvie QC].
• Rafati v Martinelli & Ors [2018] [Appeared for the Second Defendant unled in intentional tort battery damages trial].

District Court of New South Wales

• Roberts v MLC [2018] [Appeared for the Plaintiff in insurance dispute led by Paul Bingham].

Tristan read with Maria Pilipasidis. His senior mentor was Trevor Monti QC.

 

Daniel has a broad practice in common law, personal injury, commercial, property and administrative law matters. He is currently counsel assisting in the inquest into the death in custody of Mr Ferman. He is regularly briefed by Victoria Legal Aid as duty barrister in VCAT residential tenancy matters and in Mental Health Tribunal hearings across Victoria.

Daniel was previously the Class Actions Coordinator at the Supreme Court of Victoria. He worked with the Hon. Jack Forrest QC in the 2009 Black Saturday bushfire proceedings and other judges in a number of class actions.

He began his legal career as Associate to the Hon. Tony Pagone QC, who was then head of the Commercial Court at the Supreme Court. He completed his legal internship at criminal defence firm Galbally Rolfe.

Daniel read with Coroner Simon McGregor and his senior mentor is Justice Andrew Keogh.

Examples of recent cases:

• Inquest into the death of Mr Ferman (2019): acting as Counsel Assisting in the Coroner’s Court inquest into a death in custody (ongoing).
• Sherman & Ors v McArthur [2019] VCC 2156: County Court of Victoria criminal compensation application under s 85B of the Sentencing Act 1991 (for the applicant).
• DPP v Gild (2017); Gild v The Queen [2018] VSCA 317: County Court of Victoria jury trial of theft charges (led by Paul Kounnas for the defence) and subsequent appeal on conviction (led by Deborah Mandie).
• Changzhou Laoson Group Imp. & Exp. Co Ltd v Rodd & Gunn Australia Ltd (2016): County Court of Victoria proceeding involving a claim for debt in relation to invoices for the manufacture of articles of clothing (for the plaintiff).
• Angeleska v Walshes World Agencies Australia Pty Ltd [2016] VCAT 31 (4 January 2016): a claim for misleading and deceptive conduct and negligence made purportedly against Swiss International Airlines (for the first respondent).
• Brewer v Avouris (2016): Supreme Court of Victoria appeal hearing on judicial registrar’s order to strike out proceedings – procedural fairness issues (led by Simon McGregor for the applicant).

Memberships:

• Victorian President and founding committee member – Asian Australian Lawyers Association.
• Member – Victorian Bar Council
• Australian Advocacy Institute Advocacy Instructor – he has taught advocacy at the Legal Institute in Papau New Guinea and the Victorian Bar Readers Course.
• Secretary General – International Commission of Jurists Victoria (Past)
• Board Member – Flemington-Kensington CLC (Past)

Presentations and publications:

• ‘Victims of Crime Assistance and Crime Prevention’ presented at Ho Chi Minh University of Law on 2 October 2018.
• ‘Recent TAC and WorkCover Statutory Benefit Decisions’ presented at the Legalwise Personal Injury Conference: Statutory Benefits and Common Law Claims, Melbourne on 14 September 2017.
• ‘The Advent of E-Litigation: The Paperless Trial’ an article published in the Australian Lawyers Alliance, Precedent Journal, March/April 2017 Edition.
• ‘Death Penalty Developments in the USA and Australia’ presented at the Amendment of Vietnam’s Criminal Procedure Codes and Overseas Experiences Conference, Ho Chi Minh University of Law on 25 September 2015.
• ‘Contract Drafting Tips Arising out of the Unanimous High Court Decision of Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor’ presented at the Legalwise 4th Annual Contracts Conference on 30 March 2015.
• ‘Class Actions in Victoria’, presented with Hon. Jack Forrest QC at the Victoria Commercial Teachers Association Conference on 25 November 2014.

Experienced commercial and competition law counsel in Asia Pacific; experience in major international negotiations and dispute resolutions, including across language and cultural barriers (including many invited CPD presentations); leading counsel in major litigation throughout Asia Pacific region including many years of overseas practice; experienced in insolvency, accounting and auditing issues and duties; in 2007, with B A M Connell of the NSW Bar, obtained by negotiation/mediation the largest known individual payment for a private individual in commercial litigation in oppression proceedings (more than $200 million); leading counsel in many significant commercial, competition and corporate insolvency cases in Australasia, representing both regulators and commercial clients. Represented more than 80 client victims of OPES PRIME and the largest group of clients in the LIFT CAPITAL collapse in the Supreme Court of NSW and the Federal Court. Appeared as junior counsel to D M Bennett QC for Nordic Bank in the seminal schemes of arrangement decision of Nordic Bank LPC v International Harvester Australia Limited & Ano 1983 2 VR 298, leading counsel in Fowler v Lindholm 2009 [http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCAFC/2009/125.html?query=^fowler%20lindholm], the correctness of which was the considered by the High Court in the Lehman proceedings. Publications include “Duties of Liquidators” and “Revenue Law in Australia” both with JH Telfer. Also practices in the area of professional practices and partnerships, medical professional qualifications and the entitlements of qualified practitioners to be registered as specialists. Counsel for a director of National Australia Bank in her public dispute with the National Australia Bank Board in 2004 on issues of banking ethics and audit committee procedure. The leading documents, which constitute an important study of Australian banking practice at Board level, have subsequently been made public by the client, see:

http://www.aph.gov.au/House/committee/efpa/apra04/subs/sub1.pdf

Formerly: Chairman of Fiji Commerce Commission, Visiting Professor, Department of Law and Economics ANU, Visiting Professor, Department of Commercial Law, Auckland University, Visiting Professor, Faculty of Law, USP, Visiting Professor of Law and Economics, University of Fiji, Lecturer in Taxation, University of Melbourne. special representative (tax avoidance) to Second Commissioner of Taxation, P J Lanigan, Canberra, for many years Editor of Federal Court Reports and Editor, Federal Law Reports, Assistant Editor of the Australian Law Journal, Revenue Editor, Australian Law Journal, Australian Correspondent, Lloyds Maritime and Commercial Law Quarterly and Lloyds Law Reports, hundreds of published articles and many invited speeches and papers.

Currently Chairman, External Appeals Committee, The Australasian College of CosmeticSurgery. This committee administers the first medical practitioner organisation code of conduct.

Credits in films produced by Jim McElroy and Fred Schepisi including the 2011 film nominated for Academy Awards: In the Eye of the Storm.

APPEARANCES

ACCC

Recent appearances for the ACCC:

Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd [2007] FCA 2024 (21 December 2007)

http://www.austlii.edu.au/au/cases/cth/federal_ct/2007/2024.html

Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Limited and others (December 2007, September 2008, Tracey J) (air cargo cartel class action)

http://www.austlii.edu.au/au/cases/cth/federal_ct/2008/1458.html

OPES PRIME

Led a team of Sydney and Melbourne barristers including William Hodgekiss, Bruce Connell, Laurence W Maher representing the largest group of victims of the collapse of OPES PRIME.

LIFT CAPITAL

Represented largest client of Lift Capital in proceedings in Supreme Court of NSW and Federal Court

OTHER CASES

Previously leading counsel in Superleague, successfully arguing the appeal, leading counsel for Sir Tony O’Reilly in Fairfax takeover, for Arnotts and many other commercial clients in major matters. Leading counsel in the Westpac letter litigation. Represented Brian Yuill, Geoffrey Edelstein, Serge and Flora de Kantzow, the directors of Royal Motor Yacht Club of NSW, NSW farmers who fell victim to the banks in the Swiss loans affair, Westpac in relation to the Halabi foreign exchange fraud cases, numerous directors and CEOs of listed companies, principals of law firms in professional and partnership matters and many others in complex corporate and commercial disputes, anti dumpling cases, aviation matters, medical registration and RACS qualifications matters. Acted for Packer, Murdoch, Rodney Price, Robert Whyte, and many others. Willing to act for the rich and famous, the anonymous and destitute and those in desperate trouble with or without funds with equal pride.

Some reported cases:

H42 1976 76 ATC 346 [North Queensland property development profits]

Mulkearns v Chandos Developments Pty Ltd (No 3) [2005] NSWSC 504 (30 May 2005) [2%]

(From Supreme Court of New South Wales; 30 May 2005; 27 KB)

Mulkearns v Chandos Developments Pty Ltd (No 4) [2005] NSWSC 511 (1 June 2005) [2%]
(From Supreme Court of New South Wales; 1 June 2005; 76 KB)

Lift Capital Partners Pty Limited (in liquidation) [2008] NSWSC 1369 (12 December 2008) [1%]
(From Supreme Court of New South Wales; 12 December 2008; 19 KB)

Palindrome Holdings Pty Ltd v Wass [2009] NSWSC 797 (1 September 2009) [1%]
(From Supreme Court of New South Wales; 1 September 2009; 78 KB) (From Supreme Court of New South Wales; 1 September 2009; 78 KB)

Mulkearns v Chandos Developments Pty Ltd [2003] NSWSC 1132 (3 December 2003) [1%]
(From Supreme Court of New South Wales; 3 December 2003; 47 KB)

Mulkearns v Chandos Developments Pty Ltd [2003] NSWSC 1084 (18 November 2003) [1%]
(From Supreme Court of New South Wales; 18 November 2003; 11 KB)

Re Philip Morris Incorporated and Philip Morris Limited v Adam P Brown Male Fashions Pty Ltd [1980] FCA 82; (1980) 44 FLR 88 (15 July 1980) [1%]
(From Federal Court of Australia; 15 July 1980; 83 KB)

Noss v Smith; Smith v Noss [2004] NSWSC 538 (24 June 2004) [1%]
(From Supreme Court of New South Wales; 24 June 2004; 30 KB)

Trade Practices Commission v Cc (New South Wales) Pty Limited Formerly Known As Concrete Constructions (Nsw) Pty Limited, Peter Woollard, Holland Stolte Pty Limited and Ors [1995] FCA 1235 (5 May 1995) [1%]
(From Federal Court of Australia; 5 May 1995; 34 KB)

Re Tasman Timber Limited v Minister of Industry and Commerce Homebush Bay Timbers Pty Ltd v Minister of Industry and Commerce [1983] FCA 20; (1983) 67 FLR 12 (15 February 1983) [1%]
(From Federal Court of Australia; 15 February 1983; 77 KB)

Attorney-General for the State of Victoria v Knight [2004] VSC 407 (19 October 2004) [1%]
(From Supreme Court of Victoria; 19 October 2004; 57 KB)

Attorney-General for the State of Victoria v Knight [2004] VSC 407 (19 October 2004) [1%]
(From Supreme Court of Victoria; 19 October 2004; 57 KB)

Re Amalgamated Wireless (Australasia) Limited v Mcdonnell Douglas Corporation; Mcdonnell Douglas Information Systems Pty Limited and Michael Robert Selwood Dane [1987] FCA 280 (25 August 1987) [1%]
(From Federal Court of Australia; 25 August 1987; 21 KB)

Trade Practices Commission v CC (New South Wales) Pty Limited Formerly Known As Concrete Constructions (Nsw) Pty Limited, Peter Woollard, Holland Stolte Pty Limited, Graham Ronald Duff, Multiplex Constructions Pty Limited, Geoffrey Thomas Palmer, Leighton [1995] FCA 1236 (5 May 1995) [1%]
(From Federal Court of Australia; 5 May 1995; 25 KB)

Hawker Pacific Pty Ltd v Freeland [1983] FCA 139; (1983) 79 FLR 183 (10 July 1983) [1%]
(From Federal Court of Australia; 10 July 1983; 24 KB)

Trade Practices Commission v TNT Management Pty Ltd [1983] FCA 65; (1983) 67 FLR 198 (18 April 1983) [1%]
(From Federal Court of Australia; 18 April 1983; 13 KB)

Re Bennett Honda Pty Limited v Borg Warner Acceptance Corporation and Commissioner of Taxation [1985] FCA 211; 85 Atc 4364 / 7 FCR 31 (17 June 1985) [1%]
(From Federal Court of Australia; 17 June 1985; 54 KB)

Re Alan Maxwell Ross and John Stafford Heap v Francis Xavier Costigan and the Attorney-General of the Commonwealth of Australia [1982] FCA 73; (1982) 64 FLR 55 (18 May 1982)[1%]
(From Federal Court of Australia; 18 May 1982; 52 KB)

Re Ricegrowers Co-Operative Mills Limited v Ronald Moore Bannerman and Trade Practices Commission [1981] FCA 211; (1981) 56 FLR 443 (16 December 1981) [1%]
(From Federal Court of Australia; 16 December 1981; 64 KB)

Re Trade Practices Commission v TNT Management Pty Limited; Brambles Holdings Limited; Mayne Nickless Limited; Youngs Transport Pty Limited; Ansett Transport Industries (Operations) Pty Limited; Express Freight Pty Limited; Associated Steamships [1981] FCA 154 (9 October 1981) [1%]
(From Federal Court of Australia; 9 October 1981; 26 KB)

Re Trade Practices Commission v TNT Management Pty Limited; Brambles Holdings Limited; Mayne Nickless Limited; Youngs Transport Pty Limited; Ansett Transport Industries (Operation Pty Limited; Express Freight Pty Limited; Associated Steamships P [1981] FCA 136 (18 September 1981) [1%]
(From Federal Court of Australia; 18 September 1981; 61 KB)

Re Pioneer Concrete (Vic) Pty Ltd, Apex Quarries Limited, Barry Montgomery, William Roderick Parr, Alan George Rasmussen v Trade Practices Commission and Ronald Solley Gilbert [1980] FCA 137; (1980) 44 FLR 197 (14 November 1980) [1%]
(From Federal Court of Australia; 14 November 1980; 24 KB)

Re Brambles Holdings Limited v Trade Practices Commission and Ronald Moore Bannerman [1980] FCA 120; (1980) 44 FLR 182 (27 October 1980) [1%]
(From Federal Court of Australia; 27 October 1980; 47 KB)

Re Tradestock Pty Ltd; William James Frewen; Noel Edward Stock v Tnt (Management) Pty Ltd; Interstate Parcel Express Company Pty Limited; Ipec Insurance Limited; Ipec (Aust) Limited; Ansett Transport Industries (Operations) Pty Ltd; Brambles Ind [1983] FCA 13 (8 February 1983) [1%]
(From Federal Court of Australia; 8 February 1983; 36 KB)

Re Trade Practices Commission v Dunlop Australia Limited; John Anthony Steele [1980] FCA 76; (1980) 43 FLR 434 Vg (25 June 1980) [1%]
(From Federal Court of Australia; 25 June 1980; 58 KB)

Tinkler v Federal Commissioner of Taxation [1979] FCA 88; (1979) 40 FLR 116 (14 December 1979) [1%]
(From Federal Court of Australia; 14 December 1979; 35 KB)

H 1976 Nominees Pty Ltd v Galli [1979] FCA 74; (1979) 40 FLR 242 (2 November 1979) [1%]
(From Federal Court of Australia; 2 November 1979; 23 KB)

Re Melbourne Home of Ford Pty Ltd v Trade Practices Commission (No 3) [1980] FCA 94; (1980) 47 FLR 163 (21 August 1980) [1%]
(From Federal Court of Australia; 21 August 1980; 44 KB)

Melbourne Home of Ford Pty Ltd v Trade Practices Commission and Bannerman [1979] FCA 15; (1979) 36 FLR 450 (28 March 1979) [1%]
(From Federal Court of Australia; 28 March 1979; 106 KB)

Re Re VFF Chicken Meat Growers* Boycott Authorisation [2006] ACompT 2 (21 April 2006)[1%]
(From Australian Competition Tribunal; 21 April 2006; 347 KB)

In the matter of Opes Prime Stockbroking Limited (No 2) [2009] FCA 864 (4 August 2009) [1%]
(From Federal Court of Australia; 4 August 2009; 55 KB)

In the matter of Opes Prime Stockbroking Limited [2009] FCA 813 (3 August 2009) [1%]
(From Federal Court of Australia; 3 August 2009; 125 KB)

Lindholm, in the matter of Opes Prime Stockbroking Limited (Administrators appointed) (Receivers and Managers appointed) (No 2) [2008] FCA 1578 (22 October 2008) [1%]
(From Federal Court of Australia; 22 October 2008; 23 KB)

Auskay International Manufacturing Trade Pty Ltd v Qantas Airways Ltd [2008] FCA 1458 (29 September 2008) [1%]
(From Federal Court of Australia; 29 September 2008; 104 KB)

Australian Competition and Consumer Commission v April International Marketing Services Australia Pty Ltd [2007] FCA 2024 (21 December 2007) [1%]
(From Federal Court of Australia; 21 December 2007; 71 KB)

Lindholm, in the matter of Opes Prime Stockbroking Limited (Administrators appointed) (Receivers and Managers appointed) [2008] FCA 1425 (17 September 2008) [1%]
(From Federal Court of Australia; 17 September 2008; 96 KB)

Trade Practices Commission v CC (New South Wales) Pty Limited Formerly Known As Concrete Constructions (Nsw) Pty Limited, Peter Woollard, Holland Stolte Pty Limited and Others [1995] FCA 1537 (8 September 1995) [1%]
(From Federal Court of Australia; 8 September 1995; 55 KB)

Trade Practices Commission v Cc (New South Wales) Pty Limited Formerly Known As Concrete Constructions (Nsw) Pty Limited; Peter Woollard; Holland Stolte Pty Limited; Graham Ronald Duff; Multiplex Constructions Pty Limited; Geoffrey Thomas Palmer; Leighton [1995] FCA 1418 (2 August 1995) [1%]
(From Federal Court of Australia; 2 August 1995; 60 KB)

Stationers Supply Pty Ltd v the Victorian Authorised Newsagents Association Limited; Newspower (Victoria) Pty Ltd; Vicstat Pty Ltd (Trading As Victorian Newsagent Supplies); Brian Geoffrey O’Malley; John Russell Reith and Henry Justin Sloane [1993] FCA 380 (13 August 1993) [1%]
(From Federal Court of Australia; 13 August 1993; 116 KB)

Re Trade Practices Commission v Australia Meat Holdings Pty Limited; Thomas Borthwick Sons (Pacific Holdings) Limited; Borthwicks Plc and Thomas Borthwick Sons (Uk) Limited [1988] FCA 244 (15 July 1988) [1%]
(From Federal Court of Australia; 15 July 1988; 251 KB)

Re Trade Practices Commission v TNT Management Pty Limited; Brambles Holdings Limited; Mayne Nickless Limited; Youngs Transport Pty Limited; Ansett Transport Industries (Operations) Pty Limited; Express Freight Pty Limited; Associated Steamships [1985] FCA 23 (12 February 1985) [1%]
(From Federal Court of Australia; 12 February 1985; 352 KB)

Re Hxt International Pty Limited v Semco Pty Limited [1983] FCA 203; (1983) 78 FLR 57 (26 August 1983) [1%]
(From Federal Court of Australia; 26 August 1983; 45 KB)

RECENT PAPERS AND WORKING GROUPS:

2008: Member, Law Council of Australia Working Party on criminal cartel legislation.

2008: Leo Cussen Institute: Ethics for In House Counsel

27 November 2008 (with Anthony Austin, senior legal counsel BHP Billiton and Richard Hobson, Lynchpin Legal Management).

2009-12:

25 March 2009: Advanced Mediation. Leo Cussen Institute

Invited speaker for Lexus/Nexus Annual Litigation Skills feedback forum for September 2 & 3 2009 at the Marriott Hotel in Sydney CBD.

8 October 2009 “Cracking Tough Nuts – Advanced Negotiation” Strategies” Leo Cussen Institute

23 February 2010: Invited Seminar to Norton Gledhill: Advanced Negotiation Strategies.

1 March 2010: Invited Seminar to Kliger Partners: Advanced Strategies for Professional Negotiators.

5 March 2010: Invited Seminar to Price Waterhouse Coopers: Strategies for Tax Negotiators.

18 March 2010: Invited Seminar to Worksafe senior staff: Aspects of Advanced negotiation.

Convenor, Competition Law Twilight Seminars, Commercial Bar Association and Victorian Bar, 2005; Convenor Trade Practices Law Seminar Series, Law Institute of Victoria 2006; Presenter (with Hank Spier) of internal seminar for senior managers, ACCC, Canberra, June 2006; Chairman, Corporations Law Intensive, Law Institute of Victoria 2007. Senior counsel for Government of Fiji intelecommunications litigation preceding deregulation in 2006 (Vodafone Fiji Ltd v Minister for Communications). Lead role in the mediated deregulation of the Fiji telecommunications industryresulting in agreement signed in the early hours of 20 November 2007 by which the monopoly incumbents in landline, international and mobile telephony gave up their long term exclusive licences enabling new entrants to be issued with licences in all sectors. Drafted competition legislation of numerous Asia Pacific nations. Mediator in interconnection dispute between Telecom Fiji Limited and Digicel September 2008

22 March 2012: Invited Seminar for Leo Cussen In House counsel Intensive:

Strategically Speaking – Working as a team and preparing for hard sell in negotiations

Two leading lawyers provide an insight into how they approach negotiations and overcome bluffs, obstructionist behaviour and blocking tactics.

Practical tips and strategies to achieve the best possible outcome from negotiations.

Presenters: Charles Sweeney QC, Barrister, Victorian Bar
Aaron Hockly,  Company Secretary & General Counsel, Growthpoint Properties Australia

http://www.leocussen.vic.edu.au/cb_pages/event_details.php?mevent_id=730&category_id=951

GENERAL EXPERIENCE

Extensive experience in major international litigation and transactions, especially involving multi regime regulatory requirements. Visiting Professor at Australian and overseas universities 1995-1999: (Visiting Professor, Centre for Law and Economics, ANU, Visiting Professor, Department of Commercial Law, University of Auckland, Visiting Professor, University of the South Pacific, Emalus Law School), Visiting Professor of Law and Economics, University of Fiji (current), developed and taught graduate antitrust and international telecommunications regulation and policy courses to legal, industry and government specialists. Keynote speaker, Boston Consulting Group Australasian Utility CEO’s Conference: Competition Law in the Energy Industry. Advised many leading Australian and New Zealand companies and world’s largest media and telecommunications firms in the USA, Europe and Pacific regions, including British Telecom, MCI, new entrants in Hong Kong, Singapore and elsewhere. Proofed and cross-examined the world’s leading antitrust economists and industry specialists. Counsel to Asia Pacific region governments on antitrust, regulatory regimes and trade policy. Extensive European and US law and ADR experience, including major mediations before Australia’s leading mediators. Senior counsel for most of the 1990s for the first competitive entrant (Clear Communications) to the New Zealand telecommunications market. Acted for Packer, Murdoch, Rodney Price, Robert Whyte, Brian Yuill, Geoffrey Edelstein and many others. Worked with leading New York and London law firms. Has acted for the rich and famous and those in desperate trouble and no funds with equal pride.

TELECOMMUNICATIONS DEREGULATION MEDIATION 2007

Represented the Fiji State in a successful five day live in mediation in late November 2007, which deregulated the Fiji telecommunications industry see:

www.islandsbusiness.com/fiji_business/

PRO BONO WORK

Will consider pro bono work (without fee), including criminal matters (and substantial allegations of erroneous convictions), in worthy cases no matter how unpopular the client or how many times he or she might have been rejected by the courts or by other lawyers: willingly counsel of last resort; recognises the legal system often makes grave errors and is sometimes no more free of entrenched bias and predisposition against unpopular parties than the community at large.

PUBLISHED WORKS

For more than fifteen years, one of the editors of the Australian Law Journal (both Assistant Editor and Revenue Editor for the same period), founding editor of Federal Court Reports, Editor of Federal Law Reports, MULR and other journals of record in Australia and the UK; former member of The Incorporated Council of Law Reporting (NSW). Very extensive published writings and conference papers on many areas of law and legal and economic policy. Member of the Trade Practices Committee of the Law Council of Australia for many years and, former member of Executive of the Business Law Section of the Law Council and of its Customs Committee.

FIJI COMMERCE COMMISSION

Fiji Times
Editorial
No more interference

Friday, March 28, 2008

THE independence of organisations like the Commerce Commission is central to its work.

If it is to do its work properly and within the boundaries of its legislation, then there must be no interference or pressure from the government, the corporate sector or any other body to influence the decisions and the outcome.

Sadly, this has not been the case of late.

The commission is responsible for setting ceiling prices or determining pricing formulas for commodities that, if left to traders, might otherwise be out of reach for the majority of the people in this country.

Its role is also to ensure that new prices reflect changes in the marketplace andare fair to both the industry seeking the increase and the general public that will pay for the service.

This week, the chairman of the commission has been forced to issue a press statement condemning the pressure he and his commissioners were put under by a company seeking an increase in the price of one of its commodities.

The secretariat of the commission was placed under pressure. The chairman himself was put under public scrutiny.

And a public relations campaign was launched to gain public sympathy.

It didn’t help matters that the interim Cabinet minister responsible and his permanent secretary were present in meetings with the company and the commission staff members.

Fortunately, the commission and its chairman refused to bow down to pressure but the incident left behind a bad experience.

The commission must be given space and freedom to do its work, and to do it without outside interference or pressure.

It is this independence that makes organisations such as the Prices and Incomes Board and the Commerce Commission credible.

They must be free from influence and pressure from government, from corporate companies and from politicians to make decisions that are fair and just for all parties.

In the past few years we have seen the commission in action to determine rates on electricity and telephones.

They have been thorough, careful and probing in their determination of price formulas to ensure that the company and the industry continue to survive while at the same time making the commodities or services affordable to the public.

The commission has so far done a great job. Let’s keep it that way.

 

Ray’s been a lawyer for over a decade, and a barrister for more than five years.  He has a broad practice, reflecting a desire to be a well-rounded advocate.  He works primarily in personal injury law, but also appears regularly in administrative law, employment law and commercial law matters.  He appears in Victoria and interstate.

Ray has an interest in claims for psychiatric injury, and acts for clients in statutory entitlement schemes and the common law area.  He has particular expertise in handling all types of claims under the Commonwealth workers’ compensation system (‘Comcare’ work).

Ray was awarded the Public Interest / Justice Innovation Pro Bono Award in 2016, as part of team of three barristers, for work on the Hazelwood Mine Fire Board of Inquiry (report dated 2/12/15).

He’s been the Treasurer of the Compensation Law Bar Association since 2015.

Ray completed degrees in Arts and Law (with Honours) at Monash University and then undertook articles at Sparke Helmore Lawyers.  He practised at that firm for a number of years until he took up a position at one of Australia’s best-known companies, where he worked for several years before coming to the Bar.

Ray is pleased to accept e-briefs or conventional hard-copy briefs.

Some notable and recent cases in which Ray appeared include:

• Goulburn Valley Suns FC, 2015 FFV Tribunal (TA15022)
• Tye and Tase 0508 P/L [2016] FWCFB 8733
• Arumugam and TNT Australia P/L [2017] AATA 2660
• Halliday v Pomare & Pazzan [2017] MCV (21/6/17, a bailment case)
• Hill and Comcare [2018] AATA 670
• Gates v Robinson [2018] VCAT 40
• KR v BR & Anor [2018] VSCA 159 (led by I Fehring)
• Gropel v Comcare [2018] FCA 1146 (led by N Horner)
• Li v West Sands P/L & Gao [2018] MCV (20/11/18, a civil penalties case under the Fair Work Act 2009)
• Courtney v Ray & State of Victoria [2019] VSC 175
• Barnes and Victorian Building Authority [2019] AATA 4796

For a full list of decisions in cases where Ray appeared, please contact him directly.