Archive

Kim comes to the bar with 20 years experience in insurance and personal injuries litigation, focussing in more recent years on asbestos litigation and Commonwealth workers compensation.  Kim also has extensive experience in the areas of public liability, reinsurance, Medical Panel reviews, s138 recovery claims, claims for wrongful death and personal injury damages claims.  Kim also has an interest in professional negligence and administrative law, including statutory and disciplinary tribunals, as well as crime.  She welcomes briefs in all of these areas.

She has been involved in matters in all superior jurisdictions, at both trial and appellate level.  She has also successfully represented clients in various alternative dispute resolution forums.

Kim was previously a partner at Thomsons Lawyers, an independent Australian mid tier law firm.  She is a director of the Australian Insurance Law Association and is also a committee member the Victorian branch.  She is also a committee member of the Law Council of Australia’s National Insurance Lawyers Group and the Personal Injuries and Compensation Committee.

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).

Mitchell practises largely in commercial, employment and common law with a particular focus on:

Personal injury matters;

Contractual and consumer law disputes; and

Unfair dismissal, general protections and underpayment claims.

He also accepts briefs in criminal law.

Before coming to the Bar, he was Associate to Judge Misso at the County Court of Victoria. He assisted his Honour with common law and criminal trials, serious injury applications, pleas, appeals and interlocutory hearings.

Mitchell holds a Bachelor of Laws (First Class Honours) and was recognised as the most outstanding law graduate. He is an Associate of the Chartered Institute of Arbitrators, has lectured at Victoria University and is currently completing a Master of Laws.

Mitchell read with Geoff Chancellor. His senior mentor is Paul O’Dwyer SC.

Andrew Newman practises in personal injury and industrial/employment law.

Andrew has been regularly briefed to appear in the Supreme Court, County Court, Magistrates’ Court, Federal Circuit Court, Fair Work Commission and VCAT. Andrew has extensive experience in serious injury applications, common law damages trials, statutory benefit claims, unfair dismissals, employment-related contractual disputes and criminal fraud prosecutions under the TAA and ACA. Andrew also has an active conferencing, mediation and paperwork practice related to these areas.

Prior to coming to the Bar, Andrew worked as a solicitor at the Transport Accident Commission. Andrew also worked as a legal academic, including as a Research Fellow to the Centre of Employment and Labour Relations Law and a Teaching Fellow of Corporate Law at Melbourne Law School. He has also lectured and tutored at Deakin University’s School of Law. Andrew began his career in Canada in 2006, where he worked as an Associate in the Employment and Labour Law department of a large national law firm, Gowling Lafleur Henderson LLP.

Andrew is a recipient of the 2011 Julian Small Foundation Annual Research Grant for his academic work. He has also received several commendations for the teaching of law, including Deakin University’s Vice-Chancellor’s Commendation for Excellence in Teaching (for his lecturing of Workplace Law in 2011). Andrew has acted as a legal education consultant to the Australia and New Zealand Institute of Insurance and Finance in the design of their statutory personal injury law training programme. He has also advised a range of international and governmental organizations, including a northern Canadian Aboriginal Tribal Council and the United Nations Development Programme’s Human Rights Project in Sana’a, Yemen.

Andrew has completed a PhD (Law) at Melbourne Law School, University of Melbourne. He holds an LLB and BCL from McGill University, Montreal and a BA from the University of British Columbia, Vancouver. He speaks and reads advanced French, as well as intermediate Spanish, German and Dutch.

Andrew read with Áine Magee QC and his senior mentor was Frank Parry QC.

Professional Memberships:

Common Law Bar Association

Compensation Bar Association

Industrial Bar Association

Recent Journal Articles, Conference Papers and Submissions:

John Howe and Andrew Newman, ‘Collective Bargaining and the Ownership of Employee Creation’ (2013) 26 Australian Journal of Labour Law 273.

Andrew Newman, ‘The Legal In/Security of Temporary Migrant Agricultural Work: Case Studies from Canada and Australia’ (2013) 18(2) Deakin Law Review 362.

Andrew Newman, ‘Book Review: The Role of Collective Bargaining in the Global Economy: Negotiating for Social Justice, S Hayter (ed)’ (2013) 26 Australian Journal of Labour Law 112.

J. Howe and A. Newman, ‘Statutory Industrial Instruments and the Ownership of Employee Creation: An Empirical Study of Selected “Creative” Industries’, at the 2nd Mobility and Competition Clause Workshop, Ludwig-Maximilians-University, Munich, Germany, December 2012.

Andrew Newman, ‘The Legal Precariousness of Temporary Migrant Work: Common Regulatory Challenges to Security of Employment in Canada and Australia’, at the Australian Labour Law Association National Conference, Canberra, 16-17 November 2012.

John Howe, Andrew Newman and Tess Hardy, Submission to the Independent Inquiry into Insecure Work in Australia, 25 January 2012.

David has experience in personal injuries, occupational health and safety, administrative reviews, criminal law and appeals.

Prior to coming to the Bar, David was a Senior Lawyer at Worksafe Victoria. His work included the conduct of criminal prosecutions under the Occupational Health and Safety Act 2001, Accident Compensation Act 1985 and the Crimes Act 1958. David was also involved in the pre-implementation review of the Workplace Injury Rehabilitation and Compensation Act 2013.

Prior to joining WorkSafe, David was a solicitor at the Transport Accident Commission. He conducted litigation that involved compensation claims for common law damages, serious injury certificates, impairment benefits, statutory benefits, legal costs, appeals and applications for review.

David undertook articles at Maurice Blackburn. He has a Masters of Business, majoring in Personal Injury and became an Accredited Specialist in Personal Injury Law in 2011.

Mr Panayi is an appellate specialist, who predominately acts for government in appeals pertaining to judicial review, administrative law, statutory interpretation, constitutional law, human rights and criminal law.  He is lead Counsel in Victorian Government appeals in the Supreme Court and Court of Appeal, and preferred Counsel to the Department of Justice and Community Safety.

Mr Panayi’s trial work includes government, administrative, commercial, criminal, and family law litigation; principally in the Supreme, Federal and Family Courts, VCAT and often before juries.  He has extensive experience before Military Courts, Military Inquiries and Royal Commissions.

Mr Panayi has also appeared before International Courts, including on behalf of the Commonwealth of Australia, together with the Solicitor-General and Chief General-Counsel of Australia, before the International Tribunal for the Law of the Sea in Hamburg, in Russian Federation v Australia (Re Volga) 11 ITLOS 2002.

Mr Panayi was first called to the Bar in 1995 and practiced as a Barrister from 1995 to 1998.  He then served as an Australian Diplomat from 1998 to 2004 including overseas and domestically as Director International Law, Director Maritime Law, Executive Director Treaties Secretariat, Acting Assistant Secretary and Senior Adviser to the Minister for Foreign Affairs.  Mr Panayi is a member of the International Commission of Jurists and holds a Commission as Lieutenant Commander, Royal Australian Navy.

Prior to joining the Bar, Stephen practised as a solicitor for almost eight years. During this time, he specialised in workers’ compensation litigation.

Stephen accepts briefs in all common law matters (including damages trials and ‘serious injury’ applications), for both plaintiffs and defendants, as well as statutory workers’ compensation disputes in the Victorian and Commonwealth jurisdictions.  Stephen also accepts briefs to appear, and to provide advice, with respect to transport accident (TAC) statutory benefits disputes; judicial review applications; and employment / industrial disputes.

Stephen completed his Bachelor of Laws and Bachelor of Arts degrees at the University of Melbourne in 2008.  In 2016, Stephen completed a Master of Laws at Monash University.