Paul Hayes QC

Year of call:
2005
Silk:
2018
Email:
paul.hayes@39essex.com

Clerks:
+44 (0)20 7832 1111

Paul Hayes commenced practice as a Barrister at the Sydney Bar in 1990 (read with Bernard Coles QC, University Chambers), before relocating to the Melbourne Bar in 1997 and was called to the bar in England and Wales as a member of Lincoln’s Inn in 2005.

Paul advises and appears in cases at interlocutory, trial and appellate levels, (international law & arbitration, commercial & equity litigation, large scale / complex litigation, sporting disputes and common law litigation), conducted in multiple jurisdictions, but primarily in Melbourne, Sydney, Perth, London, Singapore and Kuala Lumpur. Also appears in jury cases, particularly in civil matters and especially in the field of defamation.

Paul was appointed a Senior Fellow of the University of Melbourne (Faculty of Law) in 2010 and lectures in the subject, ‘Sports Dispute Resolution’.

In 2013, Paul received the Denis Callinan Award for commendable community service in Sports Law from the Australian and New Zealand Sports Law Association and was also appointed by the Asian International Arbitration Centre (AIAC, formerly KLRCA) in Malaysia as Honorary Counsel for Sports Arbitration.

In 2017 Paul was appointed to the World Rugby Anti-Doping Judicial Panel and the International Biathlon Union Court of Arbitration and Anti-Doping Tribunal.

Related Cases


International Law and Arbitration

Arbitration seated in Malaysia and conducted under KLRCA Rules
Appointment (Sole Arbitrator) dated 5 April 2017. Proceedings remain current.
Claim: MYR RM472,604,114M (USD $110M).

Arbitration seated in the United Kingdom and conducted under LCIA Rules
Retained as Counsel, May 2015. Proceedings resolved in September 2017.
Claim: USD$50.0M

Arbitration seated in Singapore and conducted under SIAC Rules
Retained as Counsel, May 2015. Proceedings resolved in September 2017.
Claim: USD$800K

Arbitration seated in Malaysia and conducted under KLRCA Rules
Appointment (Sole Arbitrator) dated 15 November 2015. Final Award, 12 September 2017.
Claim: MYR RM5,763,363 (USD $1.349M).

Arbitration seated in Malaysia and conducted under UNCITRAL Rules
Appointment (Sole Arbitrator) dated 3 December 2015. Final Award, 28 September 2016.
Claim: MYR RM45,000,000M (USD $11.250M).

Since 2003, Paul has appeared as Counsel in numerous Court of Arbitration for Sport arbitrations (CAS Awards being enforceable under the New York Convention 1958), as referred to in ‘Sports Law’ section below.

Sports Law

Talbot v Federation Internationale De L’Automobile
Court of Arbitration for Sport, Lausanne. CAS 2016/A/4635 (Lausanne).
Sports Law. Doping, Alleged ADRV.

Iles v Shooting Australia
Court of Arbitration for Sport (Appeals Division). CAS A1/2016 (Sydney). Partial Award, 30 June 2016; Final Award, 9 September 2016.
Sports Law, Olympic nomination and selection, Proper construction of Nomination Criteria, Correct application of Nomination Criteria.

Lloyd & Elks v Australian Sailing
Court of Arbitration for Sport (Appeals Division). CAS A3/2016 (Sydney). Final Award, 12 July 2016.
Sports Law, Olympic nomination and selection, Proper construction of Nomination Criteria, Correct application of Nomination Criteria.

Australian Sports Anti-Doping Authority and Athletics Australia v Mottrom
Court of Arbitration for Sport (Ordinary Division). CAS A4/2014 (Sydney). Partial Award (Jurisdiction), 27 March 2015. Final Award, 21 March 2016.
International Arbitration, Jurisdiction, Termination of arbitration, CAS Code of Sports-related Arbitration, Rule 64.2.
Sports Law, Doping, Reliability of laboratory analysis of positive sample test result.

Australian Sports Anti-Doping Authority and Athletics Australia v Mottrom
Court of Arbitration for Sport (Ordinary Division). CAS A4/2014 (Sydney). Partial Award (Jurisdiction), 27 March 2015. (Substantive proceedings remain pending).
International Arbitration, Jurisdiction, Termination of arbitration, CAS Code of Sports-related Arbitration, Rule 64.2.

Equestrian Australia v Kenzig
Court of Arbitration for Sport (Appeals Division). CAS 2014/A/3738 (Sydney). Partial Award, 9 January 2015. Final Award, 5 March 2015.
Equestrian Australia Tribunal (Sydney). Decision, 20 August 2014.
Sports Law. Doping, ‘B’ sample, Results management, Proof of alleged ADRV.

Tennis Australia and Australian Sports Anti-Doping Authority v Mousley
Tennis Australia Anti-Doping Tribunal (Melbourne). Decision, 18 August 2014.
Sports Law. Doping, World Anti-Doping Code 2009, Article 10.4, Sanction.

Jusup & Hikmet v Football Federation of Victoria (FFV) Inc
Magistrates Court of Victoria (Melbourne). [Lauritsen CM, unreported, 7 October 2013, No D12423452].
Incorporated Associations, Oppression, Interlocutory injunction, Transfer of action to Supreme Court of Victoria. Associations Incorporation Reform Act 2012 (Vic), ss. 68(1), 68(4), 68(6), 69, 220.

Hill v Australian Sports Anti-Doping Authority and Cycling Australia
Court of Arbitration for Sport (Appeals Division). CAS 2013/A/3242 (Sydney). Award, 24 September 2013.
International Arbitration, Jurisdiction, Separability of arbitration agreement. Cycling Australia Anti-Doping Policy Clauses 15.7, 15.8, 16, 19. CAS Code of Sports-related Arbitration, Rules 28, 55 and Statute of Bodies Working for the Settlement of Sports-related Disputes, Article S1. Federal Code on Private International Law 1987 (Switzerland) Articles 186, 190(2).

Football Federation of Victoria Inc v North Sunshine Eagles Football Club and Sporting Whittlesea Football Club
Football Federation of Victoria Tribunal (Melbourne). Decision, 9 August 2013.
Sports Law. Misconduct, Post-match melee, FFV Grievance & Disciplinary By-Law, Sanction.

Australian Sports Anti-Doping Authority v McGough
Australian Football League Anti-Doping Tribunal (Melbourne). Decision, 15 March 2013.
Sports Law. Doping, Intention to commit ADRV, AFL Anti-Doping Code Clause 14(3), Onus of Proof, Sanction.

Australian Biathlon Association Incorporated v Walker
Court of Arbitration for Sport (Ordinary Division) CAS 2011/A/2590 (Sydney). Award, 15 December 2011.
Sports Law. Selection, Proper application of ABA/IOC WWYOG nomination/selection criteria, exclusion of race results of ‘ineligible’ athlete, conduct and subsequent consideration of shortened selection race.

Australian Sports Anti-Doping Authority v Casserly
Western Australian Football League Appeals Tribunal (Perth). Decision, 3 June 2011.
Sports Law. Doping, Intention to commit ADRV, AFL Anti-Doping Code Clause 14(3), Onus of Proof, Sanction.

Buckley v Boxing Australia Incorporated (BAI) & Association of International Boxing Associations (AIBA)
Court of Arbitration for Sport (Ordinary Division) CAS 2010/O/2118 (Melbourne)
Sports Law. Athlete surgically fitted with cardiac pacemaker, Risk or advantage to athlete, Power of AIBA/BAI to ban athlete. Disability Discrimination Act 1992 (Cth), ss. 4-6, 28. Equal Opportunity Act 1995 (Vic), ss. 6(b), 8-10, 64-66.

Australian Sports Anti-Doping Authority v Nisbet
Court of Arbitration for Sport (Ordinary Division). CAS A2/2009. (Sydney). Award, 2 February 2010.
Sports Law. Doping, No significant fault or negligence. Sanction.

Australian Sports Anti-Doping Authority v Atkins
Court of Arbitration for Sport (Ordinary Division). CAS A1/2009. (Melbourne). Award, 4 November 2009.
Sports Law. Doping, Whether athlete bound by NF Anti-doping Policy. ADRV consequences for athlete and other team members.

World Anti-Doping Agency & International Rugby Board v Australian Rugby Union & Troy
Court of Arbitration for Sport (Appeals Division). CAS 2008/A/1652. (Sydney). Appeal Award, 18 March 2009; 2 June 2009; (2009) 4(1) ANZSLJR 1.
Sports Law. Doping, Non-analytical positive ADRV. Appeals, Time limit for lodgment of appeal under the ARU Anti-Doping By-Law and the CAS Rules.

Swimming Australia Limited v D’Arcy
Swimming Australia Tribunal (Sydney). 21 April 2009.
Sports Law. Athlete conduct. Sanction.

Doyle v Australian Saloon Car Federation
Australian Motor Sport Appeals Court (Melbourne). Appeal Ruling, 15 April 2009.
Sports Law. Fuel Tampering, Fuel sampling procedure, relevance and reliability of ‘B’ sample in absence of ‘A’ sample test.

D’Arcy v Australian Olympic Committee Inc
Court of Arbitration for Sport (Appeals Division). CAS 2008/A/1574. (Sydney). Appeal Award, 7 July 2008; (2008) 3(1) ANZSLJR 1. Court of Arbitration for Sport (Appeals Division). CAS 2008/A/1539. (Sydney). Appeal Award, 2 June 2008. (Also appeared on behalf of the Appellant before the Executive of the Australian Olympic Committee Inc, upon an application for his continued inclusion in the 2008 Australian Olympic Team, on 11 June 2008).
Sports Law. Misconduct, Bringing self into disrepute, Proper exercise of discretion to expel team member. Sanction, Severity, Proportionality. Scope of appellate jurisdiction of the CAS.

Australian Sports Anti-Doping Authority v Van Tienan
Court of Arbitration for Sport (Ordinary Division). CAS 2007/A3. (Melbourne). Award, 16 June 2008.
Sports Law. Doping, Non-analytical positive ADRV, World Anti-Doping Code 2007 Articles 2.2 & 3.2, Reliable means of proof of ADRV. Sanction.

Zubkov v Federation Internationale de Natation (FINA)
Court of Arbitration for Sport (Appeals Division). CAS 2007/A/1291. (Lausanne, Switzerland). Appeal Award, 21 December 2007.
Sports Law. Misconduct, Bringing sport into disrepute, FINA Code of Conduct. Sanction, Severity, Proportionality.

Marinov v Australian Sports Anti-Doping Authority
Court of Arbitration for Sport (Appeals Division). CAS 2007/A/1311. (Melbourne). Final Appeal Award (Save as to costs), 26 September 2007; (2007) 2(1) ANZSLJR 2. Final Award on Costs, 20 December 2007.
Sports Law. Doping, Non-analytical positive ADRV, Whether official ‘knowingly’ in possession of prohibited substance. (Also appeared for the Appellant in the CAS proceedings at first instance. Award 9 June 2007).

French v Australian Sports Commission and Cycling Australia
Court of Arbitration for Sport (Appeals Division). CAS 2004/A/651. (Sydney & Melbourne). Appeal Award, 11 July 2005.
Sports Law. Doping, CAS Appeals, Admissibility of new evidence on appeal. Private International Law. Costs. (Also appeared for the Appellant in the CAS proceedings at first instance (Award 8 June 2004) and before the Anderson Inquiry, convened by the Federal Minister for Sport, in 2004).

Beaton and Scholes v Equestrian Federation of Australia Limited
Court of Arbitration for Sport (Appeals Division). CAS 2003/A/477. (Melbourne). Appeal Award, 20 October 2003.
Sports Law. Doping, Athlete’s rights, Opportunity for Athlete to be present at opening of “B” sample.

Beaton and Another v Equestrian Federation of Australia Limited
Supreme Court of Victoria. [2003] VSC 252.
Associations & Clubs, Tribunals, Right to legal representation before Tribunal.

Roxburgh Park Resident’s Association Inc. (Roxburgh Park Football Club) v Essendon District Football League
Supreme Court of Victoria. Proceedings No. 5195 of 2003.
Sports Law. Competition organisation. Right of club to participate in competition. Dispute successfully resolved in 2003.

Drummoyne District Rugby Club Inc v New South Wales Rugby Union Ltd
Supreme Court of New South Wales. (1994) Aust. Contract R 90-359.
Contract, Privity, Umbrella organisation; Estoppel.

Jones v The Chief Stipendary Steward of the Australian Jockey Club (The “Kings Encore” Appeal).
Australian Jockey Club (General Committee). 18 September 1992.
Sports Law. Racing. Doping. Meaning of ‘prohibited substance’ (as provided by ARs 1, 8, 117B, 178 and 178A).

Commercial & Equity Litigation

Kassiou and Others v Heard and Another Re GEBIE Services Pty Ltd (In Liquidation)
Federal Court of Australia (Adelaide). [2017] FCA 425.
Appeal/Leave to Appeal. Corporations, Corporations Act 2001, ss. 596A, 596D, 597(9). Whether company’s ‘examinable affairs’ includes personal/confidential documents of examinees.

Kambouris v Kiatos
Supreme Court of Victoria (Court of Appeal). [2016] VSCA 266.
Appeal, Application for leave to appeal out of time. Damages, Assessment.

Bridge Bar Investments Pty Ltd and Anor v Dog at the Bridge Pty Ltd and Others
Supreme Court of Victoria (Commercial Court). [2016] VSC 224.
Courts and Judges, Apprehended bias, Relevant principles.

St Kilda Arts & Events Company (Vic) Pty Ltd and Others v Apes With Wings Pty Ltd and Another
Supreme Court of Victoria (Court of Appeal). [2015] VSCA 199.
Appeal, Application for stay of execution of judgment pending appeal.

Sgargetta v National Australia Bank Limited
Supreme Court of Victoria (Court of Appeal). [2014] VSCA 159.
Appeal, New evidence on appeal. Mortgage and securities, Proper construction of settlement deed, Accord and conditional satisfaction, Defence of tender.

Loftus v Australia and New Zealand Banking Group Limited
Supreme Court of Victoria. [2014] VSC 342.
Appeal from judgment of Associate Justice, New evidence on appeal. Mortgage, summary judgment application, Triable issue. Civil Procedure Act 2010 (VIC), ss. 63, 64.

Mathai and Others v Nelson
High Court of Australia [2013] HCASL 115; Federal Court of Australia [2012] FCA 1448, (2012) 208 FCR 165; Federal Magistrates Court of Australia. [2011] FMCA 686; (2011) 253 FLR 139.
Bankruptcy, Fraudulent disposition of property, Proof of insolvency at time of contested transfers of property, Bankruptcy Act 1974, s. 121.

Fulton Hogan Construction Pty Limited v Cox Coating Pty Limited and Wattyl Australia Pty Limited
Supreme Court of Victoria – Commercial & Equity Division (TEC List). [2012] VSC 358.
Negligence, Causation, Failure of bridge coating, Defective product or faulty application of product. Damages, Calculation of economic loss.

Zhou v Kousal
Supreme Court of Victoria. [2012] VSC 187, (2013) 35 VR 419.
Execution of Judgment, Sheriff’s duties on unreserved sale of property, Inherent jurisdiction of court to set aside sale at undervalue. Equity, unconscionability.

Nelson v Mathai and Others
Federal Magistrates Court of Australia. [2011] FMCA 686. Bankruptcy, Fraudulent disposition of property, Proof of insolvency at time of contested transfers of property, Bankruptcy Act 1974, s. 121.

Korda (Receiver and Manager), In the matter of South Eastern Secured Investments Limited (Receivers and Managers Appointed)
Federal Court of Australia. [2010] FCA 1417
Corporations, Corporations Act 2001, s. 596B, Whether company’s ‘examinable affairs’ includes the value of an insurance policy, Legal Profession Act 2004, s. 6.6.13(2), Whether examination is a ‘proceeding”.

Narain v Euroasia (Pacific) Pty Limited
High Court of Australia. [2010] HCATrans 188; Federal Court of Australia. [2010] FCA 1352; Supreme Court of Victoria – Court of Appeal. [2009] VSCA 290, (2009) 26 VR 387.
Bankruptcy, Application to aside sequestration order, Leave to appeal out of time.
Equity, Characterisation of financial transactions, Application of Garcia and Yerkey principle.

Independent Cement & Lime Pty Limited v Rafidi and Others
County Court of Victoria (Commercial List). [2010] CCV 521.
Equity, Freezing order sought against third party, Restructuring of family business, Balance of convenience.

WPS Enterprises Pty Limited v Radford
High Court of Australia. [2009] HCATrans 223. County Court of Victoria (Commercial List). [2007] VCC 941. ([2009] VSCA 22).
Contract, Restraint of Trade, Breach, Reasonableness of restraint.

Fieldglen and Ford v Financial Services Authority and Keydata Investment Services Limited (In Administration)
High Court of Justice (Chancery Division). Claim No. HC09C02458. (London, United Kingdom). Coram: Briggs J, 13, 16 July 2009; Coram: Richards J, 22-23 July 2009. (With Hodge Malek QC; Saima Hanif and Rebecca Drake with me).
Financial Services and Markets Act 2000 (“FSMA”), Part XI, Information gathering and investigations by the FSA, Validity of notice issued under ss. 171, 172 FSMA, Enforcement of notice; Breach of Confidentiality; Breach of Privacy, European Convention on Human Rights, Article 8; Trespass to goods (conversion of computer server and data); Data Protection Act 1998, s. 55; Interim injunction, principles for grant of relief. (Large scale litigation).

Barcar Pty Limited v Carpatsea Pty Limited
Supreme Court of New South Wales – Equity Division (Commercial List). [2008] NSWSC 344.
Trade Practices Act 1974, s. 52, Misleading and deceptive conduct, Reliance, Damages.

Morton v Elgin-Stuczynski
Supreme Court of Victoria – Court of Appeal. [2008] VSCA 25; (2008) 19 VR 294.
Supreme Court of Victoria. [2006] VSC 279; [2007] VSC 8.
Interest, Method of calculation, Compound or simple interest.
Contract, Interpretation, Mistake, Consideration, Certainty/Implied Terms. Nature of Demand. Interest. Costs.

The Australian Steel Company (Operations) Pty Limited v Hicks, Murden and Ausreo Pty Limited
Supreme Court of Victoria (Commercial & Equity Division). Proceedings No. 5665 of 2003 (Melbourne).
Contract, Breach, Restraint of trade. Proceedings settled in 2007. (Large scale litigation).

Mobile Cosmetic Treatments Pty Ltd v Cosmetic Equipment Company Pty Ltd
Supreme Court of Victoria. [2007] VSC 194.
Equity, Injunction. Contract, Interpretation. Private International Law, Chinese law. Adequacy of remedy of damages.

Flashback Ventures Limited v The New Clapham Grand Limited and Howard Spooner
High Court of Justice (Chancery Division). Claim No. HC05C00560 (London, United Kingdom). Coram: Collins J, 27 October 2005.
Contract, Wrongful termination, Breach. Equity, Relief against forfeiture, Account of profits, Freezing orders. Proceedings settled in 2007.

Nine Network Australia Limited v Roy Morgan Research Pty Limited and Seven Network Limited
Federal Court of Australia. Proceedings No. N-1298 of 2004 (Sydney)
Trade marks (‘the worm’), Breach, Proprietorship, Prior/Honest and concurrent use. Proceedings settled in 2006. (Large scale litigation).

Martech Energy Systems Pty Limited (In Liquidation) & Another v Bell
Supreme Court of Victoria. [2005] VSC 198.
Equity, Resulting Trusts, Insufficiency of evidence led in rebuttal of presumption of resulting trust.

Sarkis and Others v Deputy Commissioner of Taxation
Supreme Court of Victoria – Court of Appeal. [2005] VSCA 67. (Junior to Gavan Griffith QC on appeal).
Constructive Trusts. No case submissions. Standing of Plaintiff under s. 3(5) Supreme Court Act 1986. Declaration. (Appeared alone for the Appellants in the Supreme Court of Victoria proceedings at first instance. See: [2003] VSC 349; (2003) 54 ATR 127).

Lau v Bob Jane T-Marts Pty Limited
Supreme Court of Victoria. [2004] VSC 69.
Contract of employment, Existence of contract, Termination, What constitutes ‘reasonable notice’ on termination. 

Hollow and Sons (In Liquidation) Pty Limited and Others v A.H. Hollow and Another
Supreme Court of Victoria. [2002] VSC 543.
Interlocutory Injunction. Allegation company trading while insolvent. Liability of directors to creditors.

IGA Distribution Pty Limited v King & Taylor Pty Limited and Another
Supreme Court of Victoria. [2002] VSC 440. (Leading Lisa Hannon of Counsel).
Contract, Repudiation. Specific performance. Real Property, Failure to lodge caveat, Consequences, Constructive notice.

Layrill Pty Limited v Furlap Constructions Pty Limited
Supreme Court of Victoria. [2002] VSC 51; (2002) V ConvR 54-659.
Real Property, Caveats, Successive caveats, Caveatable interest, Transfer of Land Act 1958 (VIC), ss. 91(4), 103(1).

Chapman v E-Sports Club Worldwide Limited and Another
Supreme Court of Victoria. [2000] VSC 403; (2000) 35 ACSR 462; (2001) 19 ACLC 213.
Corporations, Derivative action, Application of rule in Foss v Hardbottle (NSL), Corporations Law, ss. 236, 237.

Karadimas v H & P Solopitias Pty Ltd
Supreme Court of Victoria. [2000] VSC 392. Mareva Injunction, Serious question to be tried, Onus of proof.

Kyriakou v Saba
Supreme Court of Victoria. [2000] VSC 318.
Trusts, Creation, Constructive trust, Nature of contributions. Equity, ‘clean hands’. Bankruptcy Act 1966, ss. 58, 139U.

Pedlar v Beckwith
Supreme Court of Victoria – Court of Appeal. [2000] VSCA 86.
Costs, Difference between solicitor/client and solicitor/own client, Solicitor’s entitlement.

Telstra Corporation Limited v AAPT Limited ex parte Hansen Corporation Limited
Federal Court of Australia. [1999] FCA 1410.
Practice & Procedure, Setting aside Subpoena, Non-party costs, Whether costs of compliance include legal costs.

Brunninghausen v Glavanics
New South Wales Court of Appeal. [1999] NSWCA 199; (1999) 46 NSWLR 538; (1999) 32 ACSR 294; (1999) 17 ACLC 1247. (Junior to Bernard Coles QC).
Corporations, Fiduciary duties of Directors. Constructive Trusts; Trade Practices Act 1974, ss. 52, 82. (Also appeared for the Respondents in the Supreme Court of New South Wales proceedings at first instance. See: (1996) 19 ACSR 319; (1996) 14 ACLC 345).

Liberty USA Pty Limited v Telstra Corporation Limited
Federal Court of Australia. [1998] FCA 1189.
Contract, Existence, Breach. Equity, Unconscionability, Estoppel. Trade Practices Act 1974, s. 52. Damages, calculation.

Deputy Commissioner of Taxation v Cliveden Consulting Group Pty Limited and Another
Supreme Court of New South Wales. (1996) 33 ATR 521; (1996) 34 ATR 26.
Taxation. Recovery. Breach of undertaking by taxpayer to maintain assets of company. Contempt.

Commonwealth Bank of Australia v Trellis Holdings Pty Ltd and Others
New South Wales Court of Appeal. (1996) 39 NSWLR 337; (1996) 132 FLR 266.
Mortgages, Prohibition on ‘enforcement’. Farm Debt Mediation Act 1994 (NSW), s. 4(1). Corporations Law, ss. 459E&P. (Also appeared for the Respondents in the Supreme Court of New South Wales proceedings at first instance. See: (1996) 19 ACSR 319; (1996) 14 ACLC 650).

The Baltic Shipping Litigation
Federal Court of Australia/Supreme Court of New South Wales/Supreme Court of Victoria. (1995 to 1996) (Junior to Henry Jolson QC in multiple proceedings).
Admiralty, (MV Skulptor Vuchetich, MV Skulptor Konenkov), Maritime debts. Mareva relief. (Large scale litigation).

Elders NZ Forest Products Ltd v Pacific Timber Developments Ltd
High Court of Fiji (Suva, Fiji). (1995).
Contract, Breach. Securities, Mortgage and Charge, Enforcement. Equity, Unconscionability. Proceedings settled mid-trial in 1995.

Karedis Enterprises Pty Ltd and Another v Antoniou and Another
Full Court of the Federal Court of Australia. (1995) 59 FCR 35; (1995) 137 ALR 544; (1995) 31 IPR 393; (1995) ATPR 41-427. Misrepresentation. Limitation of actions. Calculation of loss. Trade Practices Act 1974, ss. 52, 82, 87. (Also appeared alone for the Respondents in the Federal Court of Australia proceedings at first instance. See: (1995) ATPR 41-400).

Hosmer Holdings Pty Limited v CAJ Investments Pty Limited
Federal Court of Australia. (1995) 57 FCR 45; (1995) ATPR 41-407; (1995) ATPR 41-442. Misleading or deceptive conduct.
Representations as to future conduct, Damages, Trade Practices Act 1974, ss. 52, 82.

Pyout Pty Ltd v Puleo and Others
Supreme Court of New South Wales. (Cohen J, unreported, 18 October 1991, No. 2249/1991). (Junior to David Bennett QC).
Real Property, Deposit, Forfeiture, Calculation of loss.

 

 

Common Law / Constitutional & Administrative Law

Victorian Workcover Authority v Racing Victoria Limited
County Court of Victoria (Melbourne). [2018] VCC 124.
Recovery, Accident Compensation Act 1986 (VIC), s. 138 (Indemnity).

Tsamis v State of Victoria
Supreme Court of Victoria (Common Law Division – Defamation List). [2017] VSC 496.
Defamation, Imputations capable of being defamatory.

Griffin v The Orbost Club Inc
County Court of Victoria (Melbourne). Coram: Judge Saccardo, Jury. Hearing: 13 to 25 October 2017. Negligence, Personal injury, Liability, Quantum.

Kavusan v Capeyield Pty Ltd
County Court of Victoria (Melbourne). Coram: Judge Brookes, Jury. Hearing: 7 to 25 August 2017.
Negligence, Personal injury, Liability, Quantum.

Griffin v The Orbost Club Inc
County Court of Victoria. [2017] CCV 1022.
Limitation of Actions Act 1958, ss. 23A, 27D, 27F, 27K, 27L; Tort. Negligence.

Kalos v Goodyear & Dunlop Tyres (Aust) Pty Ltd and Victorian Automobile Chamber of Commerce
Supreme Court of Victoria (Common Law Division). [2016] VSC 715.
Negligence, Personal injury, Liability, Quantum.

Teo v Pacific Media Group Pty Ltd. [2016] VSC 626.
Supreme Court of Victoria (Common Law Division – Defamation List).
Practice and Procedure, Release from Harman obligation in respect of documents obtained on subpoena from VCAT. Defamation, Amendment of Defence, Plea of justification. 

Vale v Daumeke and Others
Supreme Court of Victoria (Common Law Division). [2017] VSC 467.
Negligence, Assessment of Damages. Foreign State Immunity, Foreign State Immunity Act 1985 (Cth), ss. 9, 13 and 27. Motor Vehicles (Third Party Insurance) Act Cap 177 (Fiji).

Lagogiannis v ALH Group Pty Ltd and Others
County Court of Victoria (Melbourne). [2016] VCC 30.
Limitation of Actions Act 1958, ss. 23A, 27D, 27F, 27K, 27L; Tort. Assault and Battery. 

Victorian Workcover Authority v Princess Laundry Services Pty Ltd
County Court of Victoria (Melbourne). [2015] VCC 1771.
Recovery, Accident Compensation Act 1986 (VIC), s. 138 (Indemnity).

Etan v Owners Corporation PS414356B
County Court of Victoria (Melbourne). Coram: Judge Parrish, Jury. Hearing: 12 to 24 August 2015.
Negligence, Personal injury, Liability, Quantum.

Williamson v Kildair Hotels Pty Ltd and Princess Laundry Services Pty Ltd
County Court of Victoria (Melbourne). Coram: Judge Dyer, Jury. Hearing: 16 to 18 June 2015. [2015] VCC 1771.
Negligence, Personal injury, Liability, Quantum. Contribution. Accident Compensation Act 1986 (VIC), s. 138.

Von Marburg v Aldred and Mourik
Supreme Court of Victoria (Common Law Division – Defamation List). [Dixon J, Unreported, 19 June 2015, No. S CI 2014 06065].
Defamation, Internet publication (social media). Practice and procedure, Summary dismissal, Strike-out pleading, SCR rr. 13.02, 23.02.

Nolan v Executive Director, Land Management Policy, Department of Environment and Primary Industries
Supreme Court of Victoria (Court of Appeal). [2015] VSCA 301.
Administrative Law, Judicial review, Public Administration Act 2004, s. 63, Crown Land (Reserves) Act 1978, s. 14B, Victorian Public Entities Directors’ Code of Conduct 2006, Duties of committee members, Availability of declaratory relief; Appeals, new argument on appeal.

McKenzie v Police
Supreme Court of South Australia. [2015] SASC 78.
Appeal, Criminal Law, Criminal Law Consolidation Act 1935, s. 20(4), Assault, Consent (sporting contest); Evidence, Rule in Browne v Dunn.

Toth v Southern Health and Secure Parking Pty Ltd
County Court of Victoria (Melbourne). Coram: Judge Cohen, Jury. Hearing: 29 May to 6 June 2014. (Proceedings settled mid-trial)
Tort. Negligence, Personal injury, Liability, Quantum. Contract, Construction of agreement for indemnity.

Telstra Corporation Ltd v Quinn Civil Pty Ltd & Ors
County Court of Victoria (Melbourne). [2014] VCC 293.
Tort. Negligence, Property damage, Breach of duty of care. Proportionate Liability, Wrongs Act 1958 (VIC), Part IVAA.

Stanton v Fell
Supreme Court of New South Wales (Court of Appeal). [2014] NSWCA 44.
Supreme Court of New South Wales. [2013] NSWSC 1001; [2014] NSWSC 1052.
Defamation, Defamatory imputations and meanings, Justification, Qualified privilege, Malice, Triviality, Damages. Costs, Defamation Act 2005 (NSW), 4. 40, Indemnity Costs.

Trajovska v Nuredinovski and Others
County Court of Victoria (Melbourne). [2014] VCC 174.
Tort. Negligence, Existence of duty of care, Contributory negligence, Wrongs Act 1986 (VIC), ss. 14B, 26(1), 62, Quantum (prior injury).

Dislakis v Huhtamaki (CP) Pty Ltd and Another
County Court of Victoria (Melbourne). [2014] VCC 37.
Tort. Negligence, Causation of injury, Foreseeability.

Mentha v Naddvick Holdings Pty Ltd and Others
Supreme Court of Victoria (Common Law Division). Coram: Cavanough J, Jury. Hearing: 7 to 17 October 2013 (Proceedings settled mid-trial).
Tort. Negligence, Obvious risk, Personal injury, Damages.

Delaney v Geelong Leather Pty Ltd
County Court of Victoria (Melbourne). Coram: Judge Brookes, Jury. Hearing: 28 August to 3 September 2013.
Tort. Negligence, Personal injury, Assessment of damages.

Akras v Mora
County Court of Victoria. Coram: Judge Murphy and a Jury of six. Hearing: 20, 23-27, 30, 31 July, 1,2,13 August 2012. [2012] VCC (23 August 2012). Defamation, Justification, Qualified Privilege, Malice, Damages.

Cowley v D’Arcy
District Court of New South Wales. Coram: Puckeridge DCJ. Hearing: 27-30 June, 1, 18 July 2011). Assault and Battery, Self Defence, Civil Liability Act 2002 (NSW), ss. 52, 53, Damages.

French v Herald and Weekly Times Limited
Supreme Court of Victoria. (2010) 27 VR 140, [2010] VSC 127; (2010) 27 VR 171, [2010] VSC 155.
Practice and Procedure, Trial by Jury or Judge alone. Defamation, Defamatory imputations and meanings, ‘Pollypeck’ Justification, Fair comment, Qualified privilege, Malice, Damages, Mitigation of damages.

French v Triple M Melbourne Pty Limited
Supreme Court of Victoria. Coram: Forrest J and a Jury of six. Hearing: 10-14, 17-21, 24-28 November, 1 December, 2008. [2008] VSC 547; [2008] VSC 548; [2008] VSC 549; [2008] VSC 550; [2008] VSC 553.
Defamation, Defamatory imputations and meanings, Justification, Fair Comment, Malice, Damages. (Plaintiff succeeded on claim. Defendants ordered to pay to the Plaintiff damages in the amount of $350,000, plus interest and solicitor/client costs).

Blue Wedges Inc v Minister for the Environment, Heritage and the Arts
Federal Court of Australia. [2008] FCA 399.
Administrative Law, Judicial review, Environmental Protection and Biodiversity Conservation Act 1999 (Cth), ss. 131, 136

French v John Fairfax Publications Pty Limited
Supreme Court of Victoria. [2007] VSC 105.
Defamation, Interrogatories, Application of ‘newspaper rule’ where malice pleaded in answer to fair comment defence.

French v Triple M Melbourne Pty Limited & Others
Supreme Court of Victoria. [2006] VSC 36.
Practice and procedure, Setting aside default judgment, Whether arguable defence, Defamation, SCR rr. 21.01, 21.07.

Goryl v Greyhound Australia Pty Limited and Another
High Court of Australia. (1994) 179 CLR 463; (1994) 120 ALR 605; (1994) 68 ALJR 432; (1994) 19 MVR 405; (1994) Aust Torts Reports 81-628.
The Constitution, ss. 117, 118, Discrimination by the Legislature of Queensland against residents of other Australian States. Motor Vehicles Insurance Act 1936 (QLD), ss. 16, 19, 20.

Dickson v The Nominal Defendant and Others
Supreme Court of New South Wales. (Gleeson CJ, Unreported, 1 June 1993, No. 1789/1991). Negligence, Motor Vehicles (Third Party) Insurance Act 1942 (NSW), s. 16, Accident occurring on private not public road.

Darley v Shale
Supreme Court of New South Wales. (1993) 4 Med LR 161. Negligence, Gynaecologist, Laparoscopy, Whether gynaecologist negligent in preferring laparoscopy to laparotomy.

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