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Experience

Justin has a broad commercial practice, incorporating general corporate and commercial law, insurance, building and construction, insolvency, and class actions.

Current and recent matters include:

Commercial Matters

• Biodiversity v Vaughan Constructions (Supreme Court of Appeal, Supreme Court and VCAT): Acted for a design & construct contractor in a large dispute concerning allegations of breach of contractual warranties under a D&C Contract (led by Tim Margetts KC, with Will Thomas and Hamish McAvaney, instructed by Piper Alderman). Settled five weeks into an estimated eight-week trial before the Honourable Justice Delany. As part of the proceeding, successfully resisted an appeal of an interlocutory decision in the Court of Appeal: Melbourne Water Corporation v Vaughan Constructions Pty Ltd & Ors [2022] VSCA 241.
• Victorian Workcover Authority v Baldwin (Supreme Court): Acting for a Defendant in a proceeding brought under the Dangerous Goods Act 1985 (Vic) following a fire at a warehouse in Tottenham (led by Chris Young KC, with Tim Jeffrie, instructed by Gadens).
• Ikosidekas v Glenis [2023] VSCA 134; Ikosidekas v MWL Finance Pty Ltd [2022] VCC 633 (Supreme Court of Appeal, County Court): Acted for the respondent in an appeal and trial concerning allegations of fraud and misleading or deceptive conduct (unled, instructed by Stenta Legal).
• Zacole Pty Ltd v Longboat Holdings GroupNo3 Pty Ltd (Supreme Court): Acted for the trustee of an investment trust in a dispute with unitholders, including application to stay proceedings by reason of an arbitration agreement, and injunction application: Longboat Holdings group no 3 v Zacole Pty Ltd [2021] VSC 280 (led by Robert Craig KC, instructed by Hall & Wilcox).
• Laguna Bay Pastoral Company Pty Ltd v Schroder Adveq and other (Supreme Court): Acted for the trustee of an investment trust with respect to a dispute with unitholders concerning the construction and rectification of a trust deed (settled) (led by Robert Craig KC, instructed by Corrs Chambers Westgarth).
• A number of oppression cases, including:
  • Riseley Investments Pty Ltd v Sumo Australia Limited (Supreme Court): defended a shareholder oppression proceeding brought my minority shareholders (settled) (led by Pat Zappia KC, instructed by Bird & Bird) 
  • In the Matter of Gunn Freight Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (settled) (led by Robert Craig KC, instructed by Holding Redlich).
  • In the matter of Synstrat Accounting Pty Ltd (Supreme Court): acted for a minority shareholder in an oppression proceeding (settled) (led by Ian Upjohn KC, instructed by Webb Korfiatis Commercial).
• Craigieburn Junction v Perpetual Corporate Trust Limited (County Court): Acted for a developer in a dispute with an investor relating to the construction of a development agreement (settled) (led by Robert Craig KC, instructed by Hall & Wilcox).
• The Summit Group (Australia) Pty Ltd v Owners Corporation PS746020J [2020] FCA 1847 (Federal Court): Acted for the successful respondents in a trial concerning intended land access by a telecommunications carrier (unled, instructed by SBA Law).
  

Insurance

• Acted for five reinsurers with respect to a dispute with a captive insurer in relation to liability arising from multiple class action proceedings in the United States (led by Richard Attiwill KC (as his Honour then was), instructed by Kennedys).
• Australia Pacific Airports (Melbourne) Pty Ltd v CPB Contractors Pty Ltd (County Court): Acting for the owner of Melbourne airport in a dispute with a contractor following flooding (unled, instructed by Lander & Rogers).
  
• Alamin Pty Ltd v Clear Pumping Services Pty Ltd (County Court): Acting for an owner of a hotel in a dispute with a plumber following alleged flooding (unled, instructed by Lander & Rogers).
  
• Cafecco Pty Ltd v Prolux Electrical Contractors Pty Ltd & Anor (County Court): Acting for a landlord in relation to a dispute concerning a fire at a building (settled) (unled, instructed by Lander & Rogers).
  
• Owners Corporation No. 1 PS518446V v City West Water Corporation: Acting for a water authority in relation to a claim for damage caused by a burst water main (unled, instructed by Sparke Helmore).
  
•  McCarthy v Reade (Supreme Court of Tasmania): Acting for an accountant in a dispute with former clients in relation to an alleged breach of retainer and alleged negligence (unled, instructed by Wotton + Kearney).
  

Building and Construction

• 620 Collins Street Melbourne v Koble Projects (County Court): Acting for a commercial builder in relation to an alleged breach of a commercial construction contract (unled, instructed by Wotton + Kearney).
• Koolio v Watpac & Ors (VCAT): Acting for a surveyor in relation to a claim for alleged cladding related defects (unled, instructed by Lander & Rogers).
  
• Owners Corporation Plan No 625721C v Prime Projects Construction (VCAT): Acting for an architect in relation to alleged defects relating to waterproofing (unled, instructed by Lander & Rogers).
  
• Hartman Constructions v Upton (Supreme Court): Acted for a builder in an appeal pursuant to s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) of a VCAT decision in relation to breach of warranties by a builder (Settled) (unled, instructed by Consult Solicitors).
  
• Rose v GMakcon Pty ltd & Ors (VCAT): Acted for a builder in a proceeding concerning allegations of breaches of implied warranties (settled) (unled, instructed by Lander & Rogers).
  
• A.M.O. Rifat Holdings v Dib (VCAT): Acted for a builder in a 4 day trial before Woodward J concerning unpaid progress payments and alleged defects. Judgment currently reserved (Unled, instructed by Ward + Co).
  

Practice and Procedure

• Atomos Limited v McGechie (Supreme Court) [2023] VSC 754: Successfully resisted an appeal of a decision to refuse to stay a proceeding on the ground of forum non conveniens.
• Atomos Limited v McGechie (Supreme Court): Successfully resisted an application by a Defendant to stay a proceeding on the ground of forum non conveniens (led by Ben Gibson, instructed by Mills Oakley).
  
• Biodiversity v Vaughan Constructions (Supreme Court): Acted for the respondent to an application for a freezing order (settled) (led by Jonathan Moore KC, instructed by Piper Alderman)
  
• Reindel v Confreight Pty Ltd (No 1) [2022] VSC 163; Reindel v Confreight (No 2) [2022] VSC 442: Successfully obtained orders for the removal of caveats in a dispute between a developer and investors (instructed by Mills Oakley).
  
• Re Tech2Home (Communications) Pty Ltd (admins apptd) [2022] VSC 580: successfully obtained an extension of the convening period of a group of companies in administration.
  
• Re Soar Aviation Aircraft Holdings Pty Ltd (in liq) and Gobel Aviation Pty Ltd (in liq) [2022] VSC 812: Successfully obtained leave to proceed against two companies in liquidation.
  
• Summary judgment applications, including:
  • Kirdeikis v Laurent & Anor (Supreme Court): Successfully obtained summary dismissal of the Plaintiff’s Statement of Claim (unled, instructed by Tisher Liner FC Law).
  • Jayfield Pty Ltd v McLennan & Ors (Supreme Court): Successfully obtained summary dismissal of the Plaintiff’s Statement of Claim (unled, instructed by Stenta Legal).
  • Lidgett v Lidgett [2023] VSC 705 (Supreme Court): Successfully resisted an application for summary judgment (unled, instructed by Heinz Law).
• Jender v Flood Emergency Services Group [2021] VSC 505: Successfully obtained indemnity costs following judicial review of a Magistrates’ Court decision (instructed by Wisewould Mahoney).

Before coming to the bar, Justin was a Senior Lawyer at Clayton Utz. During his time at Clayton Utz, Justin represented clients in a variety of commercial disputes, including large product liability class actions.

Earlier, Justin was Associate to Justice Hammerschlag, head of the Commercial List of the Supreme Court of New South Wales.

Justin holds a Bachelor of Arts and Bachelor of Laws, with first class honours, from Monash University.

Liability limited by a scheme approved under Professional Standards legislation.

From 25 October 2019, Liability limited by a scheme approved under Professional Standards legislation.