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Experience

Cal has a broad public law practice, at trial and on appeal, and also accepts briefs in industrial, common law and commercial matters. He appears led and unled, in Victoria and interstate.

Cal is regularly briefed by chief executives, senior public and private sector executives and Ministers of the Crown before boards of inquiry, parliamentary inquiries, regulators (such as APRA), anti-corruption commissions and ombudsmen, including in compulsory examinations.

Before coming to the Bar, Cal was Deputy General Counsel and Senior Adviser to the then Premier of Victoria (2016-2021) and an adviser at the Department of the Prime Minister and Cabinet (2014-2016).

He holds an LLM in public law from the London School of Economics, where he studied as a Chevening Scholar and won the Stanley de Smith Prize for the best performance in the public law specialism. Cal read with Nick Wood SC and his senior mentor is Sturt Glacken KC. He sits on the Indigenous Justice Committee of the Victorian Bar and is a member of Koiki Mabo Chambers.

COMMISSIONS, INQUIRIES AND INTEGRITY BODIES

• Independent Broad-based Anti-corruption Commission, Operation Richmond, Final Report 2026 — acting for a person examined by IBAC, which operation concerned allegations of corrupt conduct relating to the negotiation of enterprise bargaining agreements between the State and its Fire Services (CFA, MFB), and also the establishment of FRV (led by K Foley SC, with O Ciolek)
• Victorian Parliamentary Inquiry into the 2026 Summer Fires across Victoria, Final Report 2026 — acting for State witnesses before a parliamentary inquiry into Victoria's response to the 2026 summer fires, on compulsory powers, parliamentary privilege, the Emergency Management Act 2013 (Vic) and appropriations (unled, for the Inspector-General for Emergency Management and another State witness)
• Board of Inquiry into the McCrae Landslide, Final Report 2025 — acting for the responsible council in an inquiry into the causes of the January 2025 landslide, involving geotechnical and hydrological expert evidence, planning scheme controls and emergency management (led by K Foley SC, with E Bateman and Dr. W Phillips, for Mornington Peninsula Shire Council)
• Inquest into the Death of Joshua Steven Kerr, Report of 2024 (Coroners Court of Victoria) — inquest into a First Nations death in custody in a privately operated prison, examining the cause of death and the adequacy of emergency, ambulance and hospital care (led by L Brown SC, for the Department of Justice and Community Safety)
• Parliamentary Inquiry into the 2022 Flood Event in Victoria, Report of 2024 — acting for a flood-affected local council on early warning systems, flood management strategy and the responsibilities of local government within the emergency management framework (unled, for Campaspe Shire Council)
• Ombudsman Victoria, Investigation into Alleged Politicisation of the Public Sector, Report of 2023 — acting for a persons examined by the Ombudsman in an investigation that concerned the accountability of ministerial staff and public servants including in the design and development of Victorian “Big Build” projects (led by N Wood SC, for a person examined)
• Woodman v IBAC [2022] VSC 684 and Woodman v IBAC (No 2) [2022] VSC 753 — judicial review concerning the procedural fairness obligations owed by the Independent Broad-based Anti-corruption Commission to a person subject to its compulsory powers (led by N Wood SC, for the plaintiff)
• Independent Broad-based Anti-corruption Commission, Operation Watts, Report of 2022 — acting for a person examined in a joint IBAC and Ombudsman investigation into alleged branch stacking and the misuse of electorate and ministerial office resources, including the limits of each body's jurisdiction (unled, for a person examined)

PUBLIC LAW AND JUDICIAL REVIEW

Migration and immigration detention

• Puohotaua v Minister for Immigration and Citizenship & Anor [2026] HCADisp 40 — special leave application on the failure to warn of the privilege against self-incrimination, procedural fairness and the materiality of the error (led by L Brown SC, with N Petrie and C Fitzgerald, for the applicant)
• Matthews v Minister for Immigration and Citizenship & Anor, QUD 895/2025 (Federal Court of Australia) — judicial review, unled, of a visa decision concerning the assessment of the risk of reoffending, failure to consider, and irrationality in the reasoning process (unled, for the applicant; reserved)
• RWHZ v Commonwealth of Australia, VID366 of 2024 (Federal Court of Australia) — challenge to the lawfulness of immigration detention following NZYQ, seeking habeas corpus and damages (led by E Nekvapil SC, with Dr. J R Murphy, for the applicant; ongoing)
• BKN25 v Commonwealth of Australia, NSD 145/2025 (Federal Court of Australia) — habeas corpus, mandamus and damages for a person unlawfully held in immigration detention following NZYQ (led by L De Ferrari SC, with C Fitzgerald, for the applicant; resolved before hearing).
• GPBL v Commonwealth of Australia & Ors [2024] FCA 830 — costs following a habeas corpus and unlawful detention claim, where the Commonwealth's conduct amounted to a complete vindication of the applicant's case (led by E Nekvapil SC, for the applicant)
• WKMZ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor [2021] HCATrans 195 — special leave application on whether the Tribunal's reasoning was rationally founded on the evidence or impermissibly speculative (led by N Wood SC, for the applicant)
• Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v FAK19 & Ors (2021) 287 FCR 181; [2021] FCAFC 153 — Full Court appeal on the proper role of Australia's non-refoulement obligations in ministerial decision-making, and when a misunderstanding of them amounts to jurisdictional error (led by N Wood SC (for CZW20), for the respondent)
• PKZM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 845 — judicial review, unled, of a visa decision on the mandatory relevant considerations in migration decision-making (unled, for the applicant)

Energy and infrastructure

• Moorabool and Central Highlands Power Alliance Incorporated v Minister for Energy and Resources [2024] VSCA 201 — appeal challenging ministerial orders displacing the national electricity regime for a major transmission project, raising delegated legislation, incompatibility, improper purpose and unreasonableness (led by N Wood SC, for the appellant)
• Moorabool and Central Highlands Power Alliance v Minister for Energy and Resources [2023] VSC 774 — trial challenging ministerial orders overriding the national electricity legislation for a transmission project, raising standing, uncertainty, improper purpose and the adequacy of reasons (led by N Wood SC with E Nadon, for the plaintiff)

Other judicial review and public law

• Citywide Service Solutions Pty Ltd v Rosata; Kabbout v Crown Melbourne Ltd & Ors (2023) 76 VR 499; [2023] VSCA 281 — joined appeals on the assessment of non-economic loss and what constitutes a significant injury under the Wrongs Act 1958 (Vic) (led by P Czarnota, for the second respondent)

Judicial review of medical panel decisions

• Capel Sound Foreshores Committee of Management v Emeritus Professor Malcolm Sim & Ors [2026] VSCA 77 — whether a medical panel assessed impairment in accordance with s 3.2 of the AMA Guides, and whether the claimant had suffered a significant injury (led by Matthew Hooper SC, for the appellant)
• Puc v Woolworths Group Ltd & Ors [2026] VSC 528 — judicial review of a medical panel determination on illogicality, findings not open on the evidence, mandatory relevant considerations and inadequate reasons (unled, opposed to silk, for the first defendant)
• Baig v Toll Personnel Pty Ltd & Ors [2025] VSC 728 — judicial review of a medical panel decision on factual error amounting to jurisdictional error, irrationality of process and inadequate reasons (led by M Fleming KC, for the first defendant (the employer))
• Ramith v Homes Victoria & Ors [2025] VSCA 295 — an adverse credit finding made by a medical panel out of the blue, the denial of procedural fairness that followed, and the reception of additional evidence on appeal (led by P Czarnota, with S Mullaly at the hearing, for the applicant)
• Francis Plumbing & Gasfitting Pty Ltd v Davine & Ors [2024] VSC 538 — judicial review of an impairment benefit decision where the panel decided the matter on a basis that came out of the blue, denying procedural fairness (led by M Norton SC, for the plaintiff)
• Victorian WorkCover Authority v Robert Putrus [2023] VSCA 28 — appeal on the mandatory relevant considerations and the standard of reasons required of a statutory decision-maker following Wingfoot (led by Paul Czarnota, for the respondent)
• Wortel v Disler & Ors [2023] VSC 646 — judicial review of a medical panel decision on whether the panel misconstrued the question referred to it and whether its findings were open on the material (led by M Fleming KC, for the sixth defendant)
• Douglass v Sunbeam Foods & Ors [2023] VSC 205 — judicial review of a current work capacity finding, on mandatory relevant considerations and the adequacy of the panel's reasons (led by M Fleming KC, for the first defendant)
• Asuramanage v Anglican Aged Care Services Group & Ors [2023] VSC 525 — judicial review of a whole person impairment determination and the panel's application of the AMA Guides (led by M Norton SC, for the defendant)
• Addison-Radford v State of Victoria & Ors [2023] VSC 457 — judicial review of a psychiatric impairment assessment, the proper application of the Guide to the Evaluation of Psychiatric Impairment for Clinicians, and legal unreasonableness (led by P Czarnota, for the plaintiff)
• Putrus v Fish & Ors [2021] VSC 853 — judicial review, unled, of whether chronic pain was squarely raised on the material before the panel and so had to be considered (unled, for the plaintiff)

CONSTITUTIONAL AND ELECTORAL LAW

• Ismail & Ors v State of Queensland, No B55/2026 (High Court of Australia) — constitutional challenge in the original jurisdiction of the High Court to s 52DA of the Criminal Code 1899 (Qld), on the ground that it impermissibly burdens the implied freedom of political communication (led by S Keim SC, with R Taylor, N Petrie, L Hamzi and Y Al-Azzawi, for the plaintiffs; ongoing)
• Ford v Victorian Electoral Commission (Review and Regulation) [2023] VCAT 737 — whether how-to-vote cards registered for a State election were misleading or deceptive (led by Peter Willis SC, for the applicant)
• McQuestin v Victorian Electoral Commission [2023] VCAT 591 — registration of how-to-vote cards and whether claimed candidate endorsements were misleading or deceptive (led by Peter Willis SC, for the interested party)
• Electoral Funding Amendment Act 2025 (Cth) — advice on the design and drafting of donation and expenditure caps, their consistency with the implied freedom of political communication, and the parliamentary process (unled, for a major federal political party)
• Electoral Amendment Bill 2025 (Victorian Parliament) — advice on the nominated entities regime and limits on political expenditure, including implied freedom questions (unled, for a major State political party)

NATIVE TITLE AND FIRST PEOPLES

• Chief Executive, Department of Environment, Science and Innovation v Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians Ltd [2026] QCA 7 — appeal concerning the regulator's failure to take enforcement action against the Adani coal mine, whether that failure was a decision under an enactment, and the operation of Aboriginal cultural rights under s 28 of the Human Rights Act 2019 (Qld) (led by E Nekvapil SC with K McAuliffe-Lake, for the respondent/cross-appellant)
• Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians Ltd v Chief Executive, Department of Environment and Science, BS1902/24 (Supreme Court of Queensland) — judicial review of a decision under the Environmental Protection Act 1994 (Qld) regarding the Adani coal mine; application of Aboriginal cultural rights protected by s 28 of the Human Rights Act 2019 (Qld) (led by E Nekvapil SC, with K McAuliffe-Lake, for the applicant; ongoing)
• Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians Ltd v Chief Executive, Department of Environment and Science [2025] QSC 132 — dismissal application of judicial review application concerning the Adani coal mine under the Judicial Review Act 1991 (Qld) (led by E Nekvapil SC, with K McAuliffe-Lake, for the applicant)
• Top End (Default PBC/CLA) Aboriginal Corporation RNTBC v Northern Territory of Australia & Ors, NTD9/2025 (Federal Court of Australia) — judicial review for native title holders of a tourism licence over Lorella Station granted under the Pastoral Land Act 1992 (NT), and of a water extraction licence under the Water Act 1992 (NT) (counsel for the applicant, led by S Glacken KC; reserved)
• Gary John Murray & Ors on behalf of the Wamba Wemba Native Title Group v State of Victoria & Ors, VID 12/2022 (Federal Court of Australia) — whether the solicitor on the record had a disqualifying conflict of interest; the Court's implied jurisdiction to protect the integrity of its own process (unled, for the tenth respondent (First Nations Legal and Research Services); ongoing)
• Patrick Fagan & Ors on behalf of the Wadawurrung Native Title Claim v State of Victoria & Ors, VID693/2022 (Federal Court of Australia) — acting for Aboriginal respondents to a native title claim on areas of overlap, oral history and the use of historical records (unled, for the TBMY respondents; ongoing)

REGULATORY, LICENSING AND PLANNING

• OkeBet v Victorian Gambling and Casino Control Commission, Z1042/2024 (VCAT) — penalty hearing under the Gambling Regulation Act 2003 (Vic), on the principles governing civil penalty regimes (unled, for the respondent (regulator); reserved)
• Partnership of Mr Campbell McCutcheon and Mr Casey McCutcheon t/as MintBet and Victorian Gambling and Casino Control Commission, Z39/2024 (VCAT) — what constitutes problem gambling and the obligations of online bookmakers to prevent gambling harm, including inducements, the code of conduct and the liability of partnerships (led by Nick Wood SC, for the respondent (regulator); ongoing)
• Cat Media Pty Limited, Carotino (Australia) Pty Limited, Pharm-a-Care Laboratories Pty Ltd and Minister for Health and Aged Care [2022] AATA 1254; [2023] AATA 2792 — merits review of a decision to cancel the listing of therapeutic goods under the Therapeutic Goods Act 1989 (Cth) for false or misleading advertising (led by Nick Wood SC, for the respondent)
• Henry Trucking Pty Ltd v Daniel Herrmann & Ors [2023] VCAT 1185 — planning appeal concerning the risk to health and safety posed by a gas pipeline (led by Nick Wood SC, for third party)

INDUSTRIAL AND EMPLOYMENT

• Ruiz-Matthyssen v Slater & Gordon Limited, S ECI 2025 02670 (Supreme Court of Victoria) — duty to protect an employee from psychiatric injury and reputational harm, together with claims in contract and defamation and provisional extinguishment under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (led by M Hooper SC, with N Petrie, for the defendant; ongoing)
• Australian Municipal, Administrative, Clerical and Services Union v Darebin City Council & Ors [2026] FWC 734 — application for a protected action ballot across eight Melbourne councils bargaining under a single interest authorisation, including whether the union was genuinely trying to reach agreement, and the use of non-AEC electronic voting (unled, for the applicant)
• Jolly v Australian Rail, Tram and Bus Industry Union (Federal Court of Australia) — judicial review in the Federal Court of a decision of the Fair Work Commission (led by Herman Borenstein KC with Yasser Bakri, for the applicant; resolved)

QUASI-CRIMINAL AND MENTAL IMPAIRMENT

• Enright v Beard [2025] VSC 427 — appeal on a question of law from the Magistrates' Court concerning the validity of a charge sheet under the Road Safety Act 1986 (Vic), the principles governing leave to appeal, and materiality (unled, for the defendant)
• Appearances for the Attorney-General of Victoria under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), including Re JRG [2025] VSC 631R — regular appearances in supervision order proceedings in the Supreme and County Courts, involving psychiatric risk evidence, the HCR-20 instrument, NDIS supports, and the choice between custodial and community supervision (unled; most proceedings suppressed)

SPORTS LAW

• Alix Tauru and Victorian Football League (VFL Tribunal) — tribunal hearing for a player charged with rough conduct causing concussion, on the grading of conduct and the principles governing penalty under the VFL Regulations (unled, for the player)

Publications

• Kateena O'Gorman SC and Cal Viney, 'Disclosure Obligations of Anti-Corruption Commissions: From Individual Fairness to Institutional Effectiveness' in Petrie N and Murphy J R, Public Law and Criminal Law in Australia: Overlap, Intersection and Inconsistency, Federation Press, 2025.
• Piercing the political veil: the future justiciability of pre-selection disputes in Victoria and NSW
• Cal Viney & Thomas Poole, ‘Independent Fiscal Institutions’ in Masterman R and Schutze R, Cambridge Companion to Comparative Constitutional Law, Cambridge University Press, London, 2019.
• Martin Loughlin & Cal Viney, ‘The Coalition and the Constitution’ in The Coalition Effect: 2010-2015, Seldon A and Finn M, Cambridge University Press, London, 2015.

From 7 May 2021, liability limited by a scheme approved under Professional Standards legislation.