Castan Chambers
CHRISTOPHER J. TRAN Level 15, 460 Lonsdale Street Melbourne VIC 3000
[email protected] Ph: (03) 9225 7458 Clerk: List A
Professional background Barrister (2014 – present). Human Rights Committee (2014 – 2017)
Bar Readers’ Course Sub-committee (2014 – 2019)
Student Engagement Committee (2014 – 2016)
Daniel Pollack Readers Award for pro bono work (2016)
Commercial Bar Association; Criminal Bar Association; Family Law Bar Association; Industrial Bar Association; Migration Law Bar Association
Reporter, Commonwealth Law Reports (2014 – present).
King & Wood Mallesons, Solicitor (2011, March 2013 – July 2013).
Associate to the Hon K M Hayne AC, High Court of Australia (March 2012 – March 2013). Education Harvard Law School Master of Laws (LLM) (2013-2014).
Menzies Scholarship to Harvard.
Dean’s Scholar Prize for Administrative Law (Prof. Cass Sunstein).
Dean’s Scholar Prize for Constitutional Analysis (Prof. Larry Tribe).
Senior Editor, Harvard Human Rights Journal.
University of Melbourne
Bachelor of Arts (BA) (2010) Bachelor of Laws (Hons) and the Supreme Court Prize (2010).
Subject prizes for Competition Law, Trusts and Remedies, Remedies, WTO Moot Team, Property, Legal Theory, Obligations, Legal Method and Reasoning and Torts.
Melbourne University National Scholarship (2006-2010).
Editor, Melbourne University Law Review (2010).
Editorial Assistant, Public Law Review (2008-2009).
Winner, European Law Students’ Association Moot Court Competition on the Law of the World Trade Organization (2009), including prizes for Best Overall Written Submissions and Best Oralist in the Semi-Finals.
2
Unled appearances
High Court of Australia
1. DVO18 v Minister for Home Affairs Ongoing Migration
2. BOG16 v Minister for Immigration and Border Ongoing Migration Protection
3. ATE16 v Minister for Home Affairs [2020] HCATrans Application for a 33 constitutional writ or other writ
4. BCF16 v Minister for Immigration and Border [2019] HCASL Migration Protection 179
5. Plaintiff M62/2019 v Minister for Immigration, [2019] HCATrans Application for a Citizenship and Multicultural Affairs 171 constitutional or other writ
6. Singh v Minister for Immigration and Border [2016] HCATrans Application for Protection 207 order to show cause
7. Plaintiff M148/2017 v Minister for Immigration [2018] HCATrans Application for and Border Protection 105 order to show cause
8. ANK15 v Minister for Immigration and Border [2018] HCATrans Application for Protection 198 order to show cause
9. Gill v Minister for Immigration and Border [2018] HCATrans Application for Protection 199 order to show cause
10. CEE15 v Minister for Immigration and Border [2018] HCATrans Application for Protection 200 order to show cause
Full Court of the Federal Court of Australia
11. Knowles v BlueScope Steel Ltd Ongoing Judicial review
12. Daley v Child Support Registrar [2020] FCAFC Child support 161
13. GLD18 v Minister for Home Affairs [2020] FCAFC 2 Migration
14. AUF18 v Minister for Home Affairs (2019) 376 ALR Migration 93; [2019] FCAFC 222
15. BLX16 v Minister for Immigration and Border [2019] FCAFC Migration Protection 176
16. Hua v Minister for Home Affairs [2019] FCAFC Migration 158
Liability Limited by a Scheme approved under the Professional Standards Legislation 3
17. Minister for Immigration and Border Protection (2019) 268 FCR Migration v CPA16 379; [2019] FCAFC 40
18. AQM18 v Minister for Immigration and Border (2019) 268 FCR Migration Protection 424; [2019] FCAFC 27
19. AQU17 v Minister for Immigration and Border (2018) 162 ALD Migration Protection 442; [2018] FCAFC 111
20. Singh v Minister for Immigration and Border (2018) 266 FCR Migration Protection 459; [2018] FCAFC 184
Federal Court of Australia
21. BPL20 v Minister for Home Affairs [2020] FCA 1207 Migration
22. WGKS v Minister for Immigration, Citizenship, [2020] FCA 1060 Migration Migrant Services and Multicultural Affairs
23. Daley v Child Support Registrar [2020] FCA 862 Application for stay/injunction
24. CMA19 v Minister for Home Affairs [2020] FCA 736 Migration
25. Macras v Victoria Police [2019] FCA 1848 Disability discrimination
26. FBA17 v Minister for Immigration, Citizenship, [2019] FCA 1447 Migration Migrant Services and Multicultural Affairs
27. ATU16 v Minister for Home Affairs [2019] FCA 1295 Migration
28. Child Support Registrar v MQMV [2019] FCA 1171 Child support
29. Schröder-Turk v Murdoch University [2019] FCA 1152 Procedure
[2019] FCA 1434 Procedure
30. Daley v Child Support Registrar [2019] FCA 1097 Child support
31. CCA19 v Secretary, Department of Home [2019] FCA 946 Migration – with Affairs M A Hosking
32. Singh v Minister for Immigration and Border [2019] FCA 428 Migration Protection
33. Bala v Minister for Immigration and Border [2019] FCA 600 Migration Protection
34. Cherukure v Minister for Immigration and [2019] FCA 252 Migration Border Protection
Liability Limited by a Scheme approved under the Professional Standards Legislation 4
35. Milam v University of Melbourne (2019) 285 IR Interlocutory 309; [2019] FCA injunction – 171 employment dispute
36. Goyal v Minister for Immigration and Border [2019] FCA 170 Migration Protection
37. Hua v Minister for Home Affairs [2019] FCA 94 Migration
38. Sesalim v Secretary, Department of Social [2018] FCA 1159 Social security Services appeal
[2018] FCA 1401
39. Rahim v Minister for Immigration and Border [2018] FCA 1736 Migration Protection
40. Minister for Immigration and Border Protection [2018] FCA 2075 Migration v Naqvi
41. BDC17 v Minister for Immigration and Border [2018] FCA 1899 Migration Protection
42. EHJ17 v Minister for Immigration and Border [2018] FCA 1869 Migration Protection
43. Knowles v Secretary of the Department of [2018] FCA 1213 Legal professional Veterans’ Affairs privilege
44. A v Minister for Immigration, Citizenship and [2018] FCA 1343 Interlocutory Multicultural Affairs injunction
45. Shrestha v Minister for Immigration and Border [2018] FCA 1331 Migration Protection
46. BAK15 v Minister for Immigration and Border [2018] FCA 1173 Migration Protection
47. Chai v Minister for Immigration and Border [2018] FCA 1298 Migration Protection
48. Nguyen v Minister for Immigration and Border [2018] FCA 1374 Migration Protection
49. Maruwapi v Minister for Immigration and [2018] FCA 955 Migration Border Protection
50. BJN15 v Minister for Immigration and Border [2018] FCA 679 Migration appeal Protection
51. CJT15 v Minister for Immigration and Border [2018] FCA 618 Migration appeal Protection
52. SMEC Holdings Pty Ltd v Commissioner of the [2018] FCA 609; Discovery; Australian Federal Police [2018] FCA 827 Adjournment (appearing for Mr Goodwin)
Liability Limited by a Scheme approved under the Professional Standards Legislation 5
53. AKH16 v Minister for Immigration and Border [2018] FCA 372 Extension of time Protection
54. BZY15 v Minister for Immigration and Border [2018] FCA 323 Migration appeal Protection
55. ANL16 v Minister for Immigration and Border [2018] FCA 438 Migration appeal Protection
56. MZARX v Minister for Immigration and Border [2018] FCA 437 Migration appeal Protection
57. FRX17 as litigation representative for FRM17 v (2018) 262 FCR Interlocutory Minister for Immigration and Border Protection 1; [2018] FCA 63 injunction
58. DBE16 v Minister for Immigration and Border [2017] FCA 942 Migration appeal Protection
59. SZUVA v Minister for Immigration and Border [2017] FCA 482 Migration appeal Protection
60. AOA16 v Minister for Immigration and Border [2017] FCA 697 Migration appeal Protection
61. CKS15 v Minister for Immigration and Border [2017] FCA 583 Migration appeal Protection
62. Kaur v Minister for Immigration and Border [2017] FCA 777 Migration appeal Protection
63. BJP15 v Minister for Immigration and Border [2017] FCA 613 Migration appeal Protection
64. Singh v Minister for Immigration and Border [2017] FCA 216 Migration appeal Protection
65. Biasin v State of Victoria [2017] FCA 161 Approval of settlement of disability discrimination claim
66. BYI16 v Child Support Registrar [2017] FCA 139 Child support
67. Saharan v Minister for Immigration and Border [2016] FCA 1431 Migration appeal Protection
68. MZAIR v Minister for Immigration and Border [2015] FCA 1316 Migration appeal Protection
69. Patel v Minister for Immigration and Border [2015] FCA 881 Migration appeal Protection
Full Court of the Family Court of Australia
70. Dove v Tolmay [2017] FamCAFC Child support – 253 appearing for the
Liability Limited by a Scheme approved under the Professional Standards Legislation 6
Child Support Registrar
Family Court of Australia
71. Pabiyanov & Pabiyanova [2018] FamCA Child support – 168 jurisdictional issues – appearing for the Secretary of the Attorney- General’s Department as amicus curiae
Federal Circuit Court of Australia
72. EHZ18 v Minister for Immigration, Citizenship, Ongoing Migration – with Migrant Services and Multicultural Affairs T Wood
73. ERC17 v Minister for Immigration and Border Judgment Migration Protection reserved
74. AFG20 v Minister for Immigration [2020] FCCA Migration 1361
75. Parata v Minister for Home Affairs [2020] FCCA Migration 1582
76. Habul v Habul [2020] FCCA 822 Child support – appearing for the Child Support Registrar
77. Tandukar v Minister for Immigration [2019] FCCA Migration 3510
78. CAC19 v Minister for Immigration and Border [2019] FCCA Migration Protection 3336
79. CUZ17 v Minister for Immigration and Border [2019] FCCA Migration Protection 3074
80. AYW16 v Minister for Immigration and Border [2019] FCCA Migration Protection 2630
81. AJS19 v Minister for Immigration and Border [2019] FCCA 219 Migration Protection
82. BLX16 v Minister for Immigration and Border [2019] FCCA 405 Migration Protection
83. Child Support Registrar v [Father M] [2018] FCCA Child support 3231 enforcement
84. Ownit Conveyancing Australia Pty Ltd v AKI18 [2018] FCCA Child support – [No 2] 3220 appearing for the Child Support Registrar
Liability Limited by a Scheme approved under the Professional Standards Legislation 7
85. AUF18 v Minister for Immigration and Border [2019] FCCA Migration Protection 1342
86. BGI17 v Minister for Immigration and Border [2019] FCCA 161 Migration Protection
87. Kalia v Minister for Immigration and Border [2018] FCCA Migration Protection 4012
88. ATA18 v Minister for Immigration and Border [2018] FCCA Migration Protection 1851
89. CPA16 v Minister for Immigration and Border [2018] FCCA Migration Protection 2700
90. ASX16 v Minister for Immigration and Border [2018] FCCA Migration Protection 3089
91. Le v Minister for Immigration and Border [2018] FCCA Migration Protection 3275
92. CLK17 v Minister for Immigration and Border [2018] FCCA Migration Protection 3621
93. CLJ17 v Minister for Immigration and Border [2018] FCCA Migration Protection 3621
94. Singh v Minister for Immigration [2018] FCCA Migration 3427
95. MZZGE v Minister for Immigration and Border [2018] FCCA Migration Protection 3546
96. Singh v Minister for Immigration and Border [2018] FCCA Migration Protection 3427
97. MZAPJ v Minister for Immigration and Border [2018] FCCA Migration Protection [No 2] 3503
98. BNP17 v Minister for Immigration and Border [2019] FCCA Migration Protection 1382
99. EPH17 v Minister for Immigration and Border [2018] FCCA Migration Protection 2809
100. CST15 v Minister for Immigration and Border [2018] FCCA Migration Protection 2660
101. Gill v Minister for Immigration and Border [2018] FCCA Migration Protection 1726
102. AST16 v Minister for Immigration and Border [2018] FCCA Migration Protection 1850
103. Rahim v Minister for Immigration and Border [2018] FCCA Migration Protection 1814
Liability Limited by a Scheme approved under the Professional Standards Legislation 8
104. BDC17 v Minister for Immigration and Border [2018] FCCA Migration Protection 1161
105. CFM17 v Minister for Immigration and Border [2018] FCCA 649 Application for Protection transfer to the FCA
106. Sharma v Minister for Immigration [2018] FCCA 352 Migration
107. APB17 v Minister for Immigration [2018] FCCA 144 Migration
108. CJE16 v Minister for Immigration and Border [2019] FCCA 835 Migration Protection
109. ANO16 v Minister for Immigration and Border [2017] FCCA Migration Protection 2633
110. BZY15 v Minister for Immigration and Border [2017] FCCA Migration Protection 2051
111. Macras v Victoria Police [2018] FCCA Disability 1908 discrimination claim
112. BAK15 v Minister for Immigration and Border [2018] FCCA 489 Migration Protection
113. ATU16 v Minister for Immigration and Border [2018] FCCA 686 Migration Protection
114. Abeyasinghe v Minister for Immigration and [2017] FCCA Migration Border Protection [No 2] 1449
115. BMS16 v Minister for Immigration and Border [2017] FCCA Migration Protection 1616
116. CRG15 v Minister for Immigration and Border (Unreported, April Migration Protection 2017)
117. ANL16 v Minister for Immigration and Border [2017] FCCA 803 Migration Protection
118. Singh v Minister for Immigration and Border [2017] FCCA 522 Registrars’ powers Protection
119. Tingley v Smart [2017] FCCA 471 Child support – appearing on behalf of the Child Support Registrar
120. Dove v Tolmay (2017) 318 FLR Child support – 131; [2017] FCCA appearing on 474 behalf of the Child Support Registrar
121. Sharma v Minister for Immigration and Border [2017] FCCA 431 Migration Protection
Liability Limited by a Scheme approved under the Professional Standards Legislation 9
122. BCV15 v Minister for Immigration and Border [2017] FCCA 306 Migration Protection
123. CLJ15 v Minister for Immigration and Border [2017] FCCA 467 Migration Protection
124. ACP16 v Minister for Immigration and Border [2017] FCCA Migration Protection 1567
125. MZAJA v Minister for Immigration and Border [2017] FCCA 448 Migration Protection
126. CDG15 v Minister for Immigration and Border [2017] FCCA 122 Migration Protection
127. MZARX v Minister for Immigration and Border [2016] FCCA Migration Protection 3446
128. BCH15 v Minister for Immigration and Border [2016] FCCA Migration Protection 3116
129. BJP15 v Minister for Immigration and Border [2016] FCCA Migration Protection 3075
130. Farthing & Robinson & Child Support Registrar [2016] FCCA Child support 2851
Costs [2017] FCCA 85
131. Guzgun v Minister for Immigration and Border [2016] FCCA Migration Protection 2585
132. MZACQ v Minister for Immigration and Border [2016] FCCA Migration Protection 1834
133. MZAOJ v Minister for Immigration and Border [2016] FCCA 689 Migration Protection
134. Wu v Minister for Immigration [2016] FCCA 342 Migration
Administrative Appeals Tribunal
135. Quinn v Australian Taxation Office [2019] AATA Freedom of 5550 information
136. Wentworth v Child Support Registrar [2019] AATA Child support 3319
137. El Haroun v Child Support Registrar [2019] AATA Child support 1920
138. Mahmoud v Child Support Registrar [2019] AATA Child support 2709
139. DHKW & KYBL v Minister for Immigration and [2019] AATA Migration Border Protection 4393
Liability Limited by a Scheme approved under the Professional Standards Legislation 10
140. HBDV v Minister for Home Affairs [2018] AATA Migration 4409
141. TWWH v Minister for Home Affairs [2018] AATA Citizenship 4877
142. Adekoya v Minister for Immigration and Border [2017] AATA Migration – s 501 Protection 2028
143. Te Kanawa v Minister for Immigration and [2016] AATA 906 Revocation of visa Border Protection cancellation
Full Bench of the Fair Work Commission
144. BlueScope Steel Ltd v Knowles [2020] FWCFB Unfair dismissal 3439 appeal
Fair Work Commission
145. Murphy v University of Southern Queensland Judgment Unfair dismissal reserved
Victorian Court of Appeal
146. Leeda Projects Pty Ltd v Zeng [2020] VSCA 192; Damages [2020] VSCA 244
147. Meringnage v Interstate Enterprises Pty Ltd (2020) 350 FLR Constitutional law 222; [2020] VSCA – with M A 30 Hosking and A O’Callaghan
148. Austin v Dwyer (sub nom Austin v Dobbs) [2019] VSCA 296 Judicial review
149. Uren v Uren [2017] VSCA 300 Stay application
150. M S B v Chief Commissioner of Police (2018) 57 VR Judicial review 360; [2018] VSCA 345
Supreme Court of Victoria
151. Haigh v Ryan [2020] VSC 102 Charter of Human Rights and
Responsibilities Act 2006 (Vic)
152. Rae v Victorian Electoral Commission [2018] VSC 730 Electoral law
153. Amcor Ltd v Barnes [2018] VSC 21; Procedure; ruling [2018] VSC 137; on liability; ruling
[2019] VSC 393; on quantum and [2019] VSC 849 interest
154. Cargill Australia Ltd v Viterra Malt Ltd [2018] VSC 541 Privilege
Liability Limited by a Scheme approved under the Professional Standards Legislation 11
155. Zeng v Leeda Projects Pty Ltd [2019] VSC 106; Damages for [2019] VSC 184 breach of contract;
Costs
156. MSB v Chief Commissioner of Police [2018] VSC 374 Judicial review
157. R v Yucel [2017] VSC 807; Public interest [2018] VSC 69; immunity –
[2018] VSC 69 appearing for the Chief Commissioner of Police – unled, and leading K Chow
158. Bogdanovic v Magistrates’ Court of Victoria & [2017] VSC 696 Judicial review Anor
159. Secretary, Department of Health and Human (Unreported, 28 Review of Services v Rohrt (as liquidator of Nissand Pty August 2017, liquidator’s Ltd (in liq)) Efthim AsJ) decision
160. Zakula v South Gippsland Shire Council Settled (orders Judicial review of made 29 August decision under 2017) s 62 of the Public Health and Wellbeing Act 2008 (Vic)
161. B A v Attorney General of the Commonwealth (2017) 319 FLR Section 39A of the 329; [2017] VSC Mutual Assistance 259 in Criminal Matters Act 1987 (Cth)
162. Funtastic Ltd v Madman Film and Media Pty (Unreported, Costs Ltd December 2016)
163. Federation Estate Pty Ltd v Southern Rural (2016) 219 Fees imposed Water LGERA 101; under the Water [2016] VSC 610 Act 1989 (Vic)
164. Toscano v Magistrates’ Court of Victoria & [2016] VSC 144 Judicial review of Anor decision of Magistrates’ Court of Victoria – appearing on behalf of the Informant
Magistrates’ Court of Victoria
165. De La Rue v Tritonlodge Pty Ltd (Unreported, One day trial – December 2014) property law
Liability Limited by a Scheme approved under the Professional Standards Legislation 12
Victorian Civil and Administrative Tribunal
166. Kumari v Bervar Pty Ltd t/as Della Rosa Fresh Ongoing Compensation for Foods discrimination
167. Motta v Commissioner of State Revenue Ongoing Land Tax Act 2005 (Vic)
168. Goletsos v Commissioner of State Revenue [2018] VCAT 730 Section 36A of the Duties Act 2000 (Vic)
169. Rae v Victorian Electoral Commission [2018] VCAT Electoral law – 1904 with A F Solomon- Bridge
170. Foad v Commissioner of State Revenue (Unreported, 5 Duties Act 2000 April 2018) (Vic)
171. DNV v Department of Health and Human [2017] VCAT Privacy Services 1569
172. Fagridas v Commissioner of State Revenue [2017] VCAT 755 Sections 17, 36A and 36C of the Duties Act 2000 (Vic)
173. TSJ v Department of Health and Human [2016] VCAT 687 Privacy Services
South Australian Employment Tribunal
174. Life Without Barriers v Hosseini [2020] SAET 163 Jurisdiction of the SAET
175. Hosseini v Life Without Barriers [No 3] [2018] SAET 154 Pecuniary penalties under the Fair Work Act 2009 (Cth)
Firearm Appeals Committee
176. Peters v Chief Commissioner of Police (Unreported, 26 Merits review June 2018)
Supreme Court of Tasmania
177. Gun Control Australia Inc v Hodgman [2019] TASSC 3 Judicial review
Supreme Court of Western Australia
178. Murdoch University v Gooding & NTEU [2018] WASC 372 Interlocutory injunction
Supreme Court of the Australian Capital Territory
Liability Limited by a Scheme approved under the Professional Standards Legislation 13
179. R v Collaery [2019] ACTSC NSI Act; 278; [2019] adjournment
ACTSC 332; applications [2020] ACTSC 61; [2020] ACTSC 68
Magistrates Court of the Australian Capital Territory
180. R v Uren (Unreported, 8 Plea hearing September 2020) (offences
concerning dealing with classified records)
Liability Limited by a Scheme approved under the Professional Standards Legislation 14
Led appearances
High Court of Australia
181. Talacko v Talacko Ongoing Damages – led by P H Solomon QC, with O M Ciolek
182. Australian Competition and Ongoing Competition law – led by J T Consumer Commission v Gleeson SC, with M Caristo Pacific National Pty Limited
183. Fox (a pseudonym) v Ongoing Sentencing – led by O P Director of Public Holdenson QC Prosecutions (Cth)
184. Duman v Commonwealth Ongoing Constitutional law – led by R Merkel QC, with G Keesing
185. Charaani v The Queen [2020] HCATrans 161 Federal criminal law – led by N Robinson QC
186. Moukhiber v The Queen [2020] HCATrans 161 Federal criminal law – led by N Robinson QC
187. Provan’s Timber Pty Ltd v Ongoing Land acquisition and Secretary to the compensation – led by J T Department of Transport Gleeson SC and C van Proctor
188. Victoria International [2020] HCATrans 143 Abuse of process – led by Container Terminal Ltd v N J Williams SC
Lunt Ongoing
189. R v Abdirahman-Khalif [2020] HCATrans 38 Federal criminal law – led by S McNaughton SC, CDPP,
and P Doyle
[2020] HCA 36
190. Minister for Home Affairs v [2020] HCATrans 39 Migration – led by T Howe FLX17 as litigation QC, with P Knowles and A
representative for FRM17 Yuile
Minister for Home Affairs v DLZ18 Migration – led by S P Minister for Home Affairs v Judgment reserved Donagahue QC, Solicitor- Marie Theresa Arthur as General for the litigation representative for Commonwealth, with A Yuile BXD18
Minister for Home Affairs v
DIZ18 by her litigation representative DJA18
191. Lewis v Australian Capital (2020) 94 ALJR 740; False imprisonment – led by Territory [2020] HCA 26 S P Donaghue QC, Solicitor-
Liability Limited by a Scheme approved under the Professional Standards Legislation 15
General for the Commonwealth (intervening on behalf of the Commonwealth)
192. The Optical Superstore Pty [2020] HCASL 16 Payroll tax – led by P H Ltd as Trustee for OS Solomon QC and C Sievers Management S Trust v Commissioner of State Revenue
193. Clubb v Edwards (2019) 93 ALJR 448; Constitutional law – led by K [2019] HCA 11 Eastman SC and F I Gordon (on behalf of the Human Rights Law Centre as amicus curiae)
194. Comcare v Banerji (2019) 93 ALJR 900; Constitutional law – led by R [2019] HCA 23 Merkel QC, with C Winnett
195. Spence v Queensland (2019) 93 ALJR 643; Constituitonal law – led by S [2019] HCA 15 P Donaghue QC, Solicitor- General for the Commonwealth, and P Herzfeld (intervening on behalf of the Attorney- General of the Commonwealth)
196. MSB v Chief Commissioner [2019] HCASL 125 Special leave application – of Police led by L Brown, Crown Counsel
197. Pintarich v Deputy [2018] HCASL 322 Special leave application – Commissioner of Taxation led by P J Hanks QC and T Cox
198. Unions NSW v New South (2019) 264 CLR 595; Constitutional law – led by S Wales [2019] HCA 1 P Donaghue QC, Solicitor- General for the Commonwealth and C Lenehan (intervening on behalf of the Attorney- General of the Commonwealth)
199. Viterra Malt Pty Ltd v [2018] HCATrans 202 Costs – led by P H Solomon Cargill Australia Pty Ltd QC
200. Falzon v Minister for (2018) 262 CLR 333; Constitutional law – led by S Immigration and Border [2018] HCA 2 P Donaghue QC, Solicitor- Protection General for the Commonwealth and A M Mitchelmore
201. Powell v Australian Building [2017] HCATrans 239 Special leave application – and Construction led by T Howe QC and Commissioner R W O’Neill
Liability Limited by a Scheme approved under the Professional Standards Legislation 16
202. Victorian Workcover [2017] HCATrans 239 Special leave application – Authority v Australian led by T Howe QC and Building and Construction R W O’Neill Commissioner
203. Australian Building and [2017] HCATrans 106 Special leave application – Construction Commissioner led by T Howe QC
v Construction, Forestry,
Mining and Energy Union Powers of the Federal Court (2018) 262 CLR 157; under the Fair Work Act [2018] HCA 3 2009 (Cth) – led by T Howe QC
204. Aldi Foods Pty Limited v (2017) 262 CLR 593; Industrial relations – led by Shop, Distributive & Allied [2017] HCA 53 W L Friend QC and A M Employees Association Duffy
205. Brown v Tasmania (2017) 261 CLR 328; Constitutional law – led by R [2017] HCA 43 Merkel QC and F I Gordon
206. Wilkie v The (2017) 263 CLR 487; Constitutional law – led by R Commonwealth [2017] HCA 40 Merkel QC and K E Foley
207. Nikolic v Chief [2017] HCASL 58 Special leave application – Commissioner of Police led by R Merkel QC and C van Proctor
208. Timbercorp v Collins; (2016) 259 CLR 212; Anshun estoppel and class Timbercorp v Tomes [2016] HCA 44 actions – led by P H Solomon QC and C O H Parkinson
209. Murphy v Electoral (2016) 261 CLR 28; [2016] Constitutional law – led by R Commissioner HCA 36 Merkel QC and B K Lim
210. Plaintiff M68/2015 v (2016) 257 CLR 42; [2016] Constitutional law – led by Minister for Immigration HCA 1 S P Donaghue QC and K E and Border Protection & Foley Anor
211. North Australian Aboriginal (2015) 256 CLR 569; Constitutional law – led by Justice Agency v Northern [2015] HCA 41 M K Moshinsky QC and K E Territory Foley
212. PT Bayan Resources TBK (2015) 258 CLR 1; [2015] Freezing orders and foreign v BCBC Singapore Pte Ltd HCA 36 judgments – led by R Niall QC, Solicitor-General for Victoria (intervening on behalf of the Attorney- General of Victoria)
Full Court of the Federal Court of Australia
213. Australian Competition and (2020) 378 ALR 1; [2020] Competition law and Consumer Commission v FCAFC 77 constitutional law – led by J Pacific National Pty Limited T Gleeson SC, A McClelland
QC, C L Lenehan SC, with
Liability Limited by a Scheme approved under the Professional Standards Legislation 17
[2020] FCAFC 98 C van Proctor and A Muhlebach
214. CEPU v Registered Judgment reserved Industrial relations – led by J Organisations Agius SC Commissioner
215. Registered Organisations Judgment reserved Judicial review - led by H Commissioner v Australian Borenstein QC Workers’ Union
216. O’Connor v Setka Judgment reserved Union rules – led by C Dowling SC and P J Doyle
217. One Tree Community Judgment reserved Industrial relations / Service Inc v United constitutional law – led by C Workers’ Union Dowling SC
218. XAD (by her litigation Ongoing Migration – led by S B Lloyd guardian XAE) v Minister SC for Immigration, Citizenship, Migrant Services and Multicultural Affairs
219. Australian Rail, Tram and (2020) 295 IR 305; [2020] Industrial relations / civil Bus Industry Union v Metro FCAFC 81 procedure – led by H Trains Melbourne Pty Ltd Borenstein, with Y Bakri
[2020] FCAFC 106
220. Secretary, Department of [2019] FCAFC 209 Migration – led by T Howe Home Affairs v CCA19 QC
221. FRM17 v Minister for Home (2019) 271 FCR 254; Migration– led by T Howe Affairs [2019] FCAFC 148 QC, with A P Yuile
222. Caason Investments Pty (2018) 265 FCR 487; Class action – led by K Ltd v International Litigation [2018] FCAFC 176 Hanscombe QC Partners No 3 Ltd
223. Minister for Industrial (2019) 268 FCR 520; Judicial review – led by C Relations for the State of [2019] FCAFC 26 Dowling SC Victoria v Esso Australia Pty Ltd
224. Minister for Immigration (2019) 266 FCR 569; Citizenship – led by R and Border Protection v G [2019] FCAFC 79 Knowles
225. ALDI Foods Pty Ltd as (2019) 269 FCR 112; Industrial relations – led by general partner of ALDI [2019] FCAFC 35 W L Friend QC Stores (a limited partnership) v Shop, Distributive and Allied Employees’ Association
Liability Limited by a Scheme approved under the Professional Standards Legislation 18
226. FLH18 v Minister for Home (2018) 363 ALR 107; Migration – led by T Howe Affairs [2018] FCAFC 188 QC
227. EnergyAustralia Yallourn (2018) 264 FCR 342; Industrial relations – led by Pty Ltd v AMWU [2018] FCAFC 146 H Borenstein QC
228. Minister for Immigration (2017) 255 FCR 590; Registrars’ powers – led by and Border Protection v [2017] FCAFC 114 P R D Gray QC BJC16
229. BVC15 v Minister for (2017) 255 FCR 471; Migration appeal – led by Immigration and Border [2017] FCAFC 223 P R D Gray QC Protection
230. United Voice v Australian (2017) 253 FCR 368; Judicial review of penalty Hotels Association [2017] FCAFC 161 rates determination – led by H Borenstein QC, C Dowling and K Burke (written submissions only)
Federal Court of Australia
231. Lucas v Secretary, Judgment reserved Judicial review – led by Department of Health; C Lenehan SC, with N Lucas v Bayfield Street Wootton Pharmacy Pty Ltd
232. Desira v Airservices Settled Sexual harassment and Australia disability discrimination – led
by C Dowling SC and C van Proctor [2020] FCA 818
233. AJL20 v Commonwealth [2020] FCA 1305 Constitutional law – led by G Kennett SC
234. Webster v Minister for [2020] FCA 702 Constitutional law – led by Immigration, Citizenship, C Lenehan SC Migrant Services and Multicultural Affairs
235. One Tree Community [2020] FCA 390 Industrial relations / Service Inc v United constitutional law – led by Workers’ Union [No 2] C Dowling SC
236. O’Connor v Setka [2020] FCA 441 Union rules – led by C Dowling SC and P J Doyle
237. Australian Competition and [2020] FCA 787 Consumer law – led by C G Consumer Commission v Button QC Sony Interactive Entertainment Network Europe Ltd
238. Registered Organisations [2020] FCA 1148 Civil penalty proceeding – Commissioner v AWU led by H Borenstein QC [No 2]
Liability Limited by a Scheme approved under the Professional Standards Legislation 19
239. Australian Building and Judgment reserved Civil penalty proceeding – Construction Commissioner led by G Boas v Construction, Forestry, Mining, Maritime and Energy Union
240. Registered Organisations [2020] FCA 96 Civil penalty proceeding – Commissioner v CEPU led by C Dowling SC
241. XAD (by her litigation [2019] FCA 1550 Migration – led by S B Lloyd guardian XAE) v Minister SC
for Immigration,
Citizenship, Migrant Services and Multicultural Migration – led by S B Lloyd [2020] FCA 495 Affairs SC
242. Lunt v Victoria International [2019] FCA 1599 Application for an extension Container Terminal Ltd of time and leave to appeal
– led by C Dowling SC
243. Sara, in the matter of an [2018] FCA 844 Inquiry into an irregularity in inquiry into the election for a union election – led by C
offices in the Australian Dowling SC Salaried Medical Officers Federation
244. Australian Competition and (2018) 360 ALR 124; Pecuniary penalties under Consumer Commission v [2018] FCA 703 the Australian Consumer Ford Motor Company of Law – led by O Bigos and C Australia Limited van Proctor
245. Tuimaseve v Minister for (2018) 74 AAR 192; [2018] Migration appeal – led by P Immigration and Border FCA 396 R D Gray QC Protection
246. Australian Workers Union v (2017) 69 AILR 102-904; Applications to set aside Registered Organisations [2017] FCA 1554 subpoenas – led by H Commissioner Borenstein QC, with M
Hosking
[2018] FCA 517; [2018] Other interlocutory disputes FCA 1300; [2019] FCA – led by H Borenstein QC 187; [2019] FCA 188; and C van Proctor [2019] FCA 194; [2019] FCA 195 Judicial review - led by H Borenstein QC and C van
Proctor [2019] FCA 1671
[2019] FCA 2004
247. EnergyAustralia Yallourn (2017) 69 AILR 102-883; Industrial relations – led by Pty Ltd v AMWU [2017] FCA 1245 H Borenstein QC
Liability Limited by a Scheme approved under the Professional Standards Legislation 20
Costs – led by H Borenstein QC [2018] FCA 47
248. Guy v Crown Melbourne [2017] FCA 1104 Opinion evidence Ltd
(2018) 355 ALR 420; Misleading or deceptive [2018] FCA 36 conduct and unconscionable conduct – led by R Merkel QC, P R D Gray QC and Z E Maud
249. Australian Securities and (2018) 266 FCR 147; Market manipulation, Investments Commission v [2018] FCA 751 unconscionable conduct and Westpac Banking misleading or deceptive
Corporation conduct – led by P D Crutchfield QC, M I Borsky QC and C van Proctor
[2017] FCA 1331 Amendment application
[2018] FCA 1701 Penalty
250. Pascoe v State of Victoria Settled Disability Disability discrimination discrimination claim – led claim – led by M J Richards by M J Richards SC, SC, Crown Counsel Crown Counsel
[2017] FCA 498 Approval of settlement – led by M J Richards SC, Crown Counsel
251. FCA Australia Pty Ltd v Settled Breach of directors duties – Campbell led by P D Crutchfield QC and C G Button
252. United Petroleum Pty Ltd v [2016] FCA 118 Three day trial – led by M D Pentaco Oil (Aust) Pty Ltd Wyles QC and M I Borsky
Costs [2016] FCA 221
253. Wooldridge v Australian (2015) 106 ACSR 551; Stay application – led by R Securities and Investments [2015] FCA 349 D Strong Commission
Full Court of the Family Court of Australia
254. Child Support Registrar & (2015) 54 Fam LR 322; Procedural fairness – led by Scullin [2015] FamCAFC 200 E Wilson QC
Federal Circuit Court of Australia
Liability Limited by a Scheme approved under the Professional Standards Legislation 21
255. Gaughan v Causevic (2016) 309 FLR 135; Transfer application [2016] FCCA 397
Confirmation hearing for [2016] FCCA 1693 interim control order – led by S P Donaghue QC
Australian Competition Tribunal
256. Application by Flexigroup [2020] ACompT 1 Application for intervention Ltd
[2020] ACompT 2 Review of authorisation determination – led by R C A Higgins SC (appearing on behalf of the ACCC)
Fair Work Commission
257. Application by Esso (2018) 281 IR 147; [2018] Section 603 application – Australia Pty Ltd pursuant FWCFB 4120 led by C Dowling SC to s 603 of the Fair Work (appearing on behalf of the Act 2009 (Cth) Minister for Industrial Relations)
Victorian Court of Appeal
258. Amcor Ltd v Barnes Judgment reserved Breach of fiduciary duties – led by P H Solomon QC, with E Gisonda
259. Cumming v Minister for [2020] VSCA 208 Judicial review – led by Planning S Morris QC
260. Chairperson of the Royal [2019] VSCA 154 Suppression orders and Commission into the witness protection – led by Management of Police D Mandie Informants v Chief Commissioner of Victoria Police
261. Lees v Connective (2019) 346 FLR 323; Corporations law – led by Services Pty Ltd [2019] VSCA 143 M I Borsky QC
262. Cargill Australia Ltd v [2018] VSCA 260 Confidentiality – led by C G Viterra Malt Pty Ltd Button
263. Viterra Malt Pty Ltd v (2018) 58 VR 333 Issue waiver – led by P H Cargill Australia Ltd Solomon QC
264. RCR Energy Pty Ltd v WTE [2017] VSCA 50 Summary judgment – led by Co-Generation Pty Ltd C M Scerri QC
265. Chief Commissioner of (2016) 338 ALR 683; Procedural fairness – led by Police v Nikolic [2016] VSCA 248 R Merkel QC
Liability Limited by a Scheme approved under the Professional Standards Legislation 22
266. Barnes v Victoria [2015] VSCA 343 Statutory construction of Disability Act 2006 (Vic) – led by R Merkel QC
Supreme Court of Victoria
267. Rowson v Department of [2020] VSC 236 Interlocutory injunction – led Justice and Community by K Walker QC, Solicitor- Safety General for Victoria, and L T Brown, Crown Counsel
268. Cumming v Minister for [2019] VSC 811 Judicial review – led by Planning S Morris QC
269. Setka v Carroll (2019) 58 VR 657 Challenge to motion to expel from a political party – led by G Kennett SC
270. Bolitho v Banksia [2019] VSC 554; [2019] Group proceeding Securities Limited VSC 653; [2020] VSC 174; settlement approval [2020] VSC 524 (commission and costs) –
led by S R Horgan QC (for the funder)
271. Martin v Magistrates’ Court [2019] VSC 493 Judicial review – led by L of Victoria Brown, Crown Counsel
272. Cargill Australia Ltd v Judgment reserved Claims relating to sale of Viterra Malt Pty Ltd business – led by
P Anastassiou QC, L Nichols QC, K Burke, and H Tiplady, with T Barry and M
Tennant
Discovery – led by C G [2018] VSC 433 Button
Confidentiality – led by C G Button [2018] VSC 478
Confidentiality – led by C G [2018] VSC 529 Button
273. Liberal Party of Australia [2018] VSC 731 Electoral law – led by A (Victorian Branch) v Rae Solomon-Bridge
274. Wolf v Zakula (2019) 58 VR 508 Judicial review – led by C Carr
275. Madafferi v Chief [2017] VSC 652 Application for an extension Commissioner of Police of time – led by R Merkel QC
Liability Limited by a Scheme approved under the Professional Standards Legislation 23
276. Australian Funding [2018] VSC 303 Claim for breach of litigation Partners Ltd v Botsman funding agreement – led by
S R Horgan QC
Costs – led by S R [2018] VSC 507 Horgan QC
277. Fagridas v Commissioner (2018) 107 ATR 684; Sections 17, 36A and 36C of State Revenue [2018] VSC 145 of the Duties Act 2000 (Vic) – led by C Horan QC
278. Mancharam v Ramanlal (as (Unreported, April 2017) Ex parte freezing order – led Trustee of the Mancharam by J W K Burnside AO QC
Family Trust)
Breach of trust – led by H Settled Symon QC
279. Lotus Projects Pty Ltd v (2017) 105 ATR 252; Land Tax Act 2005 (Vic) – Commissioner of State [2017] ATC 20-609; [2017] led by C J Horan QC Revenue VSC 63
280. Exton v Extons Pty Ltd (2017) 118 ACSR 411; Three day trial; shareholder [2017] VSC 14 oppression – led by M D Wyles QC
281. Michaelides v (2016) 103 ATR 207; Duties Act 2000 (Vic) – led Commissioner of State [2016] ATC 20-567; [2016] by C J Horan QC Revenue VSC 256
282. Impact Funds Management [2016] VSC 221 Six day trial – led by S R Pty Ltd v Roy Morgan Horgan QC Research Ltd
283. Mullett v Nixon [2016] VSC 129 Privilege – led by S B McNicol QC (appearing on behalf of the Chief Commissioner of Police)
284. Rabobank Australia Ltd v (Unreported, November Freezing order – led by N Littore 2015) Lucarelli QC
285. Brighton CJ Investment v (Unreported, August 2015) Transfer application – led by FCA Australia Pty Ltd C G Button
286. Amcor Ltd v Barnes [2015] VSC 90 Security for costs application – led by S B McNicol QC
38 day trial – led by S B [2016] VSC 707 McNicol QC
Liability Limited by a Scheme approved under the Professional Standards Legislation 24
287. In the matter of an Ex parte application Preventative detention order application for a – led by S P Donaghue QC
Preventative Detention Application for access to Order in respect of (2015) 251 A Crim R 481; court file – led by S P Causevic [2015] VSC 248 Donaghue QC (appearing on behalf of the applicant for a PDO)
Victorian Civil and Administrative Tribunal
288. Kyneton Bushland Resort [2017] VCAT 28 Land Tax Act 2005 (Vic) – Ltd v Commissioner of led by C J Horan QC State Revenue
Liability Limited by a Scheme approved under the Professional Standards Legislation 25
Inquiries and Commissions
1. Acting for the Australian Securities and Investments Commission in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018) Round 1 - led by L Nichols QC and C van Proctor, with R Chaile Round 2 – led by P W Collinson QC, M J Steele SC and C Bannan
2. Counsel assisting the Independent National Security Legislation Monitor (2018)
3. Acting for Silver Chain in the Royal Commission into Aged Care Quality and Safety (2019)
4. Acting for the State of Victoria in the Royal Commission into Victoria’s Mental Health System (2019)
5. Acting for a witness in the Royal Commission into Management of Police Informants (2019)
6. Conducting s 19 examinations for the Australian Securities and Investments Commission (2019)
7. Acting for the Department of Home Affairs in the Australian Commission for Law Enforcement Integrity “Operation Angove” (2019-2020)
Liability Limited by a Scheme approved under the Professional Standards Legislation 26
Publications, presentations and other academic engagements Edited collections
Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion (Hart Publishing, 2015) (co-editor with Caron Beaton-Wells).
Articles ‘Act is a Remedy, not a Weapon’, Law Institute Journal (October 2015) (with David O’Callaghan QC)
‘New Perspectives on Australian Constitutional Citizenship and Constitutional Identity’ (2012) 33 Adelaide Law Review 199.
‘Facts and Evidence in Litigation under the Charter of Human Rights and Responsibilities Act 2006 (Vic) and the Human Rights Act 2004 (ACT)’ (2012) 36 Melbourne University Law Review 287.
‘Revisiting Allegiance and Diplomatic Protection’ [2012] Public Law 197.
‘Just Another Fish in the Sea? The WTO Panel Decision in US - Tuna III’ (2012) 29Environmental and Planning Law Journal 45.
‘“Trading or Financial Corporations” under Section 51(xx) of the Constitution: A Multifactorial Approach’ (2011) 37 Monash University Law Review 12.
‘The ‘Fatal Conundrum’ of ‘No-Consideration’ Clauses after Plaintiff M61’ (2011) 39 Federal Law Review 303.
‘Wong v Commonwealth: Missed Opportunities, Contemporary Meaning and the People’ (2011) 13 Constitutional Law & Policy Review 76.
‘Government Duties to Provide Diplomatic Protection in a Comparative Perspective’ (2011) 85 Australian Law Journal 300.
‘Using GATT, Art XX to Justify Climate Change Measures in Claims under the WTO Agreements’ (2010) 27 Environmental and Planning Law Journal 346.
‘The Consistency of the European Union Renewable Energy Directive with World Trade Organization Agreements: The Case of Biofuels’ (2010) 1 Renewable Energy Law and Policy Review 33 (with Andrew Mitchell).
Book chapters ‘Undertakings: Constitutionality, Commerciality, and Other Considerations’ in Michael Gvozdenovic and Stephen Puttick (eds), Volume 2 – Current Issues in Competition Law: Practice and Perspectives (Federation Press, forthcoming) (with Justin Gleeson SC)
Other contributions Updating Author for chapter on ‘Freedom of Information’ in CCH’s Local Government Service Victoria.
Updating Author for subtitle on ‘Possession’ in The Laws of Australia (Update 256).
Australian Recent Developments Correspondent for Public Law (2008 – 2009) (with Cheryl Saunders).
Invited presentations ‘Statutory interpretation’ (CLE presented to Maurice Blackburn, 26 August 2019) (with Sophie Clapin)
Liability Limited by a Scheme approved under the Professional Standards Legislation 27
‘AAT General – How to Run an AAT Case’ (Paper presented at the Law Council of Australia, Immigration Law Conference 2019, 22 March 2019)
‘Jurisdictional Error after SZVFW, TTY167, Hossain and Shrestha’ (Paper presented to the Australian Association of Constitutional Law, 12 December 2018)
‘What Is a Decision?’ (Paper presented at the Legalwise Seminar – Administrative Law: Decisions, Decisions, Decisions…’, 27 November 2018) (with Sophie Clapin)
‘Updates and Trends in Statutory Interpretation’ (Paper presented to the Government Lawyers Conference, Law Institute of Victoria, 22 June 2018) (with Sophie Clapin).
Administrative Law training for Justice Connect (5 August 2016).
‘The Civil Procedure Act in 2015-2016’ (Paper presented to the Law Institute of Victoria, 2 March 2016) (with David O’Callaghan QC).
‘Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail [2015] HCA 11’ (Paper presented at the Gilbert + Tobin Centre for Public Law 2016 Constitutional Law Conference, 12 February 2016).
House of Representatives Standing Committee on Social Policy and Legal Affairs Roundtable on Citizenship and the Constitution (Canberra, 20 March 2015).
‘A Pathology of Civil Litigation and the Civil Procedure Act in Victoria’ (Paper presented to the Law Institute of Victoria, 17 March 2015) (with David O’Callaghan QC).
Other Reviewer for the Melbourne University Law Review, the University of New South Wales Law Journal and the Monash University Law Review.
Coach, Melbourne Law School team in the Sir Harry Gibbs Law Moot (2016-2020).
Liability Limited by a Scheme approved under the Professional Standards Legislation