Benjamin Ryde
Ben Ryde has a general commercial law practice with a focus on disputes, including class actions, involving corporations, contract, insurance, restitution and trade practices law.
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Benjamin Gardiner KC
Ben specialises in intellectual property law and practises primarily in patent, trade marks, copyright, confidential information and consumer protection / trade practices matters.
Ben has appeared on behalf of, and advised, a wide range of clients across a range of industries including pharmaceuticals, medical, mining, fast moving consumer goods, fashion, gaming, information technology and primary industries. He frequently appears in the Federal Court of Australia, the Australian Patent Office and the Australian Trade Marks Office.
He is also a nationally accredited mediator.
Before joining the Bar, Ben was associate to the Chief Justice of the Federal Court of Australia. Prior to that, he practised as a pharmacist for 12 years.
Ben has tertiary qualifications in pharmacy, business and law and completed post-graduate studies in law (BCL) at the University of Oxford in 2005. The Australian Financial Review’s Best Lawyers lists Ben as a leading barrister in intellectual property law. Doyle’s Guide has listed Ben as a recommended or leading barrister in intellectual property law since 2010.
Ben is a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) and has taught intellectual property law at post-graduate level at Melbourne University.
Liability limited by a scheme approved under the Professional Standards Legislation
Brendan J Avallone
Brendan Avallone practises in all areas of employment and industrial relations law. He signed the Bar Roll on 22 October 2015, was admitted as a lawyer on 2 April 2001, and has appeared in a number of significant cases in the Federal Court of Australia, other Courts, and the Fair Work Commission.
Brendan acts and advises in matters including industrial action, enterprise bargaining, industrial disputes, contractual disputes, executive employment, disciplinary and performance matters, general protections claims, unfair dismissal applications, underpayment claims and employment discrimination claims.
Liability limited by a scheme approved under Professional Standards legislation
Bruce Caine KC
Bruce Caine KC has specialised in intellectual property law for over 35 years.
Bruce has appeared in some of Australia’s leading intellectual property cases. His central areas of expertise include patents, trade marks, copyright, confidential information, consumer protection and other commercial and equity matters.
Bruce frequently appears for and advises major international clients drawn from the pharmaceutical, telecommunications and mining industries. He has extensive experience in both trial and appellate work. Bruce appears chiefly in the Federal Court of Australia, all State Supreme Courts and the High Court of Australia. Bruce also appears before IP Australia in relation to patent and trade mark matters and conducts and appears at mediations.
Bruce is listed in both Doyle's Guide to Leading Victorian Intellectual Property Barristers (2023) and Doyle’s Guide to Leading Australian Intellectual Property Barristers (2023), as a pre-eminent senior counsel.
Bruce is listed in Chambers Intellectual Property: The Bar (2024) as a Band 1 practitioner. One of his reviews reads: “In addition to acknowledging that "he would be counsel of choice in patent matters," interviewees respect him as a "very experienced silk" who is "always across the subject matter and always a pleasure to work with" and who has justifiably maintained his position "at the top of the lists for a long time."
Bruce is also listed in the Legal 500 Asia-Pacific (2024) as a Leading Silk. One of his reviews reads: “One of the leading IP barristers. Uncanny ability to distil complex matter into elegant submissions.”
Chris Fenwick
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Clare Cunliffe
Clare Cunliffe has particular expertise in intellectual property litigation, with extensive experience in patent revocation and infringement proceedings (including pharmaceutical patent injunctions) and patent oppositions, trade mark infringement and revocation proceedings, non-use applications and oppositions, and copyright litigation, as well as litigation concerning the misuse of confidential information in the pharmaceutical context.
Clare is listed in Doyle's Guide to Leading Victorian Intellectual Property Barristers (2021) as a pre-eminent junior counsel and in Doyle’s Leading Intellectual Property Junior Counsel – Australia (2021) as a pre-eminent junior counsel. https://doylesguide.com/leadin...
She is listed in Chambers Intellectual Property: The Bar (2020) as a Band 1 practitioner. Her review reads:
“Operating across the IP spectrum, Clare Cunliffe is particularly well known for her "encyclopedic knowledge of patent law and patent decisions in Australia and beyond, and her ability to bring that knowledge to bear in cases." This makes her "a first choice for large, complex patent infringement and validity proceedings," it being further noted that "leading IP senior counsel tend to choose her as their junior." More than one interviewee places her in the front rank of junior counsel practising at the IP Bar.”
and in the Legal 500 Asia-Pacific (2020) as a Leading Junior. Her review reads:
“Her knowledge of patent law and her ability to grasp complex technology sets her apart in this field. Clare is a leading junior in patent, trade mark, copyright, consumer law and competition matters.”
Craig Smith SC
Craig Smith practises in commercial law, with a specialisation in intellectual property, contract, Australian Consumer Law and confidential information disputes.
Dion Fahey
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Hamish Austin KC
Hamish Austin KC is a leading trial and appellate advocate with a broad commercial practice.
Hamish joined the Bar in 1998 and was appointed senior counsel in 2016. During that time Hamish has developed an extensive practice in general commercial litigation, both at first instance and at appellate level. He also has specialist expertise in corporations, insolvency, insurance and transport (aviation and maritime) law.
Hamish has appeared in some of the most complex commercial disputes in the last decade. These include the Timbercorp and Centro class actions, the collapses of Environinvest, Great Southern, Forest Enterprises Australia and Primebroker, and the Asahi litigation. Hamish also appeared for the principal moving party in the notable insolvency cases of Re Carpenter and Re Amerind.
As well as Victoria, Hamish has been briefed to appear in superior courts in New South Wales, Queensland, South Australia and Western Australia. He has also appeared in special references and arbitrations concerning international commercial disputes. He is a member of the Maritime Law Association of Australia and New Zealand.
Jeremy Slattery KC
Jeremy Slattery KC is a leading trial and appellate barrister with extensive experience in a broad range of commercial matters
Kane Loxley
Kane has been recognised as one of Victoria's leading junior counsel in Doyles' Guide since 2016, in the Australian Financial Review Best Lawyers List since 2018, and has been repeatedly recommended in Chambers and Partners. In 2023, he was described as “extremely easy to work with and very commercial.”
He has substantial experience acting in class action, regulatory, corporations and securities, and commercial and equity proceedings. He has appeared for and against leading corporations and government at trial and on appeal (including in the High Court of Australia). He has also been briefed in a number of Royal Commissions and public inquiries.
A list of significant cases can be provided on request.
Kate Beattie
Kate Beattie specialises in intellectual property litigation, with extensive experience in complex patent disputes.
Martin Scott KC
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Matthew Harvey KC
Matthew Harvey KC is a leading senior counsel with a broad commercial practice. Since 1996, he has developed a diverse commercial practice, both in trial and appellate work. He has significant expertise in corporations law and corporate insolvency, insurance, contracts, trusts and equity, transport and trade, and arbitration.
Matthew is regularly recognised in the leading legal directories, including Best Lawyers, Doyle’s Guide, Chambers & Partners, and Who’s Who Legal. He is described as "excellent at getting to the heart of a complex matter and determining the key issues that will decide the case", "extremely good on his feet in court" and "confident and convincing when presenting an argument". His "experience acting in major commercial disputes" is well recognised.
Nicholas De Young KC
Nick De Young QC practises in all aspects of commercial litigation.
Nico Burmeister
Nico Burmeister practises primarily in industrial relations and employment law. He is a member of the Victorian and Western Australian Bars.
Paul O'Grady KC
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Stewart Maiden KC
Stewart Maiden KC is a preeminent commercial law trial and appellate advocate.
Stewart practises in complex commercial litigation and has a broad appearance and advice practice which encompasses cross-border and domestic insolvency, fiduciary and fraud-related actions, banking and finance disputes, corporate control disputes and general commercial litigation. Clients and instructors recognise him as being numerate, articulate and approachable.
Stewart is the only Australian barrister to be recognised in the 2020 Lawdragon 500 Leading Global Restructuring & Insolvency Lawyers. Doyle's Guide recognises him as a pre-eminent senior counsel in its rankings of Australian and Victorian insolvency and reconstruction silks, and as leading senior counsel in its list of Victorian commercial litigation and dispute resolution barristers. He is also recognised by Best Lawyers. Chambers and Partners recognises Stewart in its rankings of Australian insolvency and restructuring barristers, saying in its 2023 guide that he is:
“in demand for complex high-end insolvency and is a leading expert in that area.”
Liability limited by a scheme approved by Professional Standards Legislation
Tom Warner
Thomas Warner is an experienced commercial and public law junior counsel.
Tomo Boston KC
Tomo Boston KC practises in commercial law, corporations and insolvency, trade practices, environment, product liability, professional negligence and arbitrations.
Tomo is a highly regarded trial and appellate lawyer with particular expertise in:
climate change litigation. He has written and presented extensively on climate change litigation, in particular the intersections between climate change and administrative and judicial reviews, environmental legislation, class actions, consumer products and protection (including greenwashing), contract and risk allocation, directors’ duties, disclosure obligations, financial products, insurance, negligence and nuisance.
arbitrations. Acted for Australian companies in domestic (ACICA) and international (ICC, UNICTRAL) arbitrations in relation to turnkey projects, sale agreements for mines and disputes over ownership of gas and mineral titles. Acted in Court proceedings seeking to enforce arbitral awards and appeals from arbitration.
corporate and commercial law. Acted for large corporate clients in a range of industries and in relation to contractual disputes, joint venture disputes, directors’ duties, continuous disclosure obligations, partnership disputes, sale of goods, franchise agreements, indemnity/warranty claims, injunctions, oppression claims, schemes of arrangement, the interpretation of contractual and statutory provisions and trust obligations.
consumer protection. Acted in relation to disputes concerning misleading or deceptive conduct and unconscionable conduct in a range of industries and in respect of various fact scenarios including breach of sale agreements, valuations and the sale of land and industrial equipment.
environmental law. Acted in relation to: (i) disputes concerning clean up notices, environmental impact assessments, liability for pollution, the re-use of contaminated soil, permission approvals, landfills, waste levies, and the liability and cost recovery for the clean up of contaminated land; (ii) challenges to decisions of environmental regulatory authorities; (iii) the prosecution of environmental offences; (iv) large scale infrastructure and energy project disputes, commercial cases and property cases in which environmental issues are in dispute; and (v) the interpretation of environmental legislation.
negligence and nuisance. Acted in relation to: (i) negligence and nuisance claims concerning large scale land and water contamination and pollution events; (ii) damages assessments and expert determinations; (iii) negligent mis-statements; and (iv) tortious interference with contractual relations.
professional negligence. Acted for solicitors, barristers, environmental auditors and accountants in relation to claims for damages arising out of professional negligence claims.
regulatory matters. Acted in a range of environmental and commercial regulatory investigations involving civil and pecuniary penalties, major corporate collapses, directors’ duties breaches, continuous disclosure breaches, fraud, managed investment schemes, large-scale contamination and pollution clean-up investigations and costs recovery claims.
Tomo is focused on working collaboratively with clients and solicitors to develop the most effective strategy to secure the best commercial and legal results while minimising legal, reputational and commercial risks.
Liability limited by a scheme approved under the Professional Standards Legislation
William Edwards KC
William's expertise includes shareholder actions, consumer actions, mass tort actions, product liability actions and human rights class actions. He practises in all jurisdictions (Victoria and New South Wales in particular) and regularly appears in the Federal Court of Australia and all State superior courts.
William also has a general commercial practice and advises Australian and foreign corporations (particularly litigation funders) on a range of matters. He has extensive experience acting in non-curial dispute resolution, including complex commercial infrastructure and commodity price arbitrations.