Curriculum Vitae

John Armstrong Room 1121 Barrister & Nationally Accredited Mediator Owen Dixon Chambers West Tel: 03 9225 6788 Mob: 0407 709 246 Email: [email protected]

Qualifications

• BSc, LLB (Monash), Grad. Dip. Media, Communications and Information Technology Law (Melb).

• Accredited Mediator under the Australian National Mediator Accreditation System (NMAS).

• Admitted to practice in England and Wales.

Practice profile

I have been at the Victorian Bar for 14 years.

I have a commercial practice, which includes:

Commercial Disputes Throughout my time at the Bar I have dealt with a range of commercial disputes in the Federal Court, Supreme Court, County Court and VCAT jurisdictions, in particular contractual disputes, claims arising under the Australian Consumer Law and commercial and domestic building disputes.

Telecommunications I provide advice to telecommunications carriers, wholesale and retail carriage service providers, government bodies and other commercial enterprises in relation to the telecommunication’s regulatory regime and am briefed in all manner of telecommunications litigation.

Asbestos Disease Claims

I am also briefed in asbestos disease claims, principally by the manufacturers of asbestos products in claims made by plaintiffs and/or in contribution proceedings between the various

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Mediation I am an Accredited Mediator under the Australian National Mediator Accreditation System. My practice has, and continues to, include involvement in numerous mediations across my areas of practice, either as mediator or as counsel for a party.

Matters in which I have recently been involved include:

• Acting for Commander Telecommunications in a proceeding against a former dealer.

• Advising a major luxury car manufacturer as to the applicability of the Australian telecommunications regime and the Broadcasting Services Act to motor vehicle connected services.

• Acting for PIPE Networks Pty Ltd (a subsidiary of TPG Telecom) in a number of proceedings against the owners and occupiers of various and CBD buildings seeking to enforce PIPE’s entitlement to install ‘fibre to the basement’ in those buildings.

• Acting for the installer of the proprietary equipment and other plant and equipment in a major Victorian recycling plant in a defects claim made by the plant’s owner.

• Acting for the manufacturer of prefabricated housing components which were to be used in the construction of a housing estate development in a contractual claim made by the developer of the housing estate.

• Acting for the purchaser of a 40-acre allotment of land in Melbourne’s Growth Corridor in a proceeding seeking to have the purchase set aside.

• Acting for the lessee of land which was the subject of compulsory acquisition by the Department of Economic Development, Jobs, Transport & Resources in the lessee’s compensation claim.

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Previous occupations

• Special Counsel, Dispute Resolution at Corporation Ltd. Whist at Telstra I had the conduct of a range of major litigation between Telstra and its competitors, suppliers, contractors and the ACCC.

• Senior Associate Mallesons Stephen Jaques (now King & Wood Mallesons).

Other activities

• Providing pro bono legal assistance through the Victorian Bar’s Pro Bono Scheme.

• Judging Monash Law Students' Society moot court competitions.

• Mentor through Melbourne University Law School Mentor Program.

• Member of Commercial Bar Association of Victoria (CommBar).

• Member of Common Law Bar Association.

Selected appearances

Example of matters in which I have appeared are:

• Zwiersen v Field & Hall Ltd & Ors [2016] VSC 16 - I appeared for a manufacturer of asbestos building products in a proceeding which dealt with the principles of contribution and apportionment under Part IV of the Wrongs Act between the employer of a plaintiff who had been exposed to asbestos products and the manufacturers of those asbestos products.

• PIPE Networks Pty Ltd v Commonwealth Superannuation Corporation [2013] FCA 444 - I appeared for PIPE Networks in a proceeding brought to enforce its entitlement under the Telecommunications Act 1997 (Cth) to install optic fibre cables in the building at 101 Collins Street Melbourne.

• Peachbulk Pty Ltd v R T Edgar Pty Ltd & Ors [2011] VCC 1370 - I appeared for the vendors of two adjoining properties in Toorak in a proceeding in which the purchasers alleged that they had been misled by representations made by the selling agent.

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• Anberton v Buller Ski Lifts [2006] VSC 106 - I appeared for Buller Ski Lifts in a dispute with a member of the company that had previously operated the Mt Buller ski lifts. The dispute related to the construction of an agreement between those parties arising from Buller Ski Lifts’ purchase of the ski lift business.

• Infolic Pty Ltd v Telstra Corporation Limited [2005] VSC 429 - I appeared for Telstra Corporation Ltd in a claim made against it by a premium rate service provider.