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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

• Korkliniewski v Melbourne Water Corporation (Supreme Court): Acting for Melbourne Water Corporation in the defence of a class action in relation to the October 2022 Maribyrnong River flood (led by Jeffery Gleeson KC, instructed by Wotton Kearney).

• 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): Acted for a Defendant in a proceeding brought under the Dangerous Goods Act 1985 (Vic) following a fire at a warehouse in Tottenham (settled) (led by Chris Young KC, with Tim Jeffrie, instructed by Gadens).

• 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 (settled) (led by Robert Craig KC (as his Honour then way), instructed by Hall & Wilcox).

• A number of oppression cases, including:

• In The Matter of CryptAI Pty Ltd (Supreme Court): Acted for a minority shareholder in relation to an oppression proceeding concerning the alleged dilution of shares. As part of the proceeding, successfully obtained an injunction with respect to the issue of shares (see In the matter of Cryptai Pty Ltd [2024] VSC 560) (settled) (led by Jonathan Moore KC, instructed by Adley Burstyner).

• 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 (as his honour then was), 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).

• Maxcap v Eastern Health (Supreme Court): Acted for a developer in relation to a dispute concerning the alleged termination of an Agreement for Lease in relation to a development (settled) (led by Alexandra Folie KC, instructed by Gadens).

• 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 (as his Honour then way), instructed by Corrs Chambers Westgarth).

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 (settled) (led by Richard Attiwill KC (as his Honour then was), instructed by Kennedys).

• I regularly act for insurers in subrogated recoveries. For example:

• Australia Pacific Airports (Melbourne) Pty Ltd v CPB Contractors Pty Ltd (County Court): Acted for the owner of Melbourne airport in a dispute with a contractor following flooding (settled) (unled, instructed by Lander & Rogers).

• Cafecco Pty Ltd v Prolux Electrical Contractors Pty Ltd & Anor (County Court): Acted for a landlord in relation to a dispute concerning a fire at a building (settled) (unled, instructed by Lander & Rogers).

• I regularly act for accountants in relation to negligence claims and disciplinary proceedings. For example:

• 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).

• Acting for an accountant in relation to a disciplinary proceeding brought by the Tax Practitioners Board

• I regularly act for water corporations and their insurers. For example: Owners Corporation No. 1 PS518446V v City West Water Corporation: Acted for a water authority in relation to a claim for damage caused by a burst water main (settled) (unled, instructed by Sparke Helmore).

Building and Construction

• I am regularly briefed to act for builders in relation to building and construction disputes. For example:
• A.M.O. Rifat Holdings v Dib (Court of Appeal and VCAT): Acting for a builder in relation to the appeal of a VCAT decision following a 4 day trial before Woodward J concerning unpaid progress payments and alleged defects (currently reserved) (Led by Andrew Morrison on Appeal, unled at trial, instructed by Ward + Co).

• 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).

• 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).

• I am regularly briefed to act for building professionals in relation to building and construction disputes. For example:

• State of Victoria v L.U. Simon Builders (County Court): Acted for a fire engineer in relation to a claim concerning alleged cladding-related defects (settled) (unled, instructed by Clyde & Co).

• Koolio v Watpac & Ors (VCAT): Acted for a surveyor in relation to a claim for alleged cladding related defects (settled) (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).

• La Petite Tour Pty Ltd v Hantas Construction Pty Ltd (County Court): Acting for a structural engineer in relation to claim concerning alleged defects (unles, instructed by Wotton Kearney).

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 KC, 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.