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Experience

Melanie practices in commercial, tort and consumer law in the Federal and State courts, with particular experience in class actions.

A sample of cases in which Melanie has appeared, in a variety of jurisdictions is set out below.

Melanie is the Chair of the Class Actions Committee of the Commercial Bar Association.

Before commencing in law, Melanie worked as a scientific researcher, predominantly in synthetic organic chemistry.

Class actions

Huang v Star Entertainment Group Ltd – Supreme Court of Victoria, securities class action

• [2023] VSC 561 – multiplicity and group costs order

Lay v Nuix Ltd; Batchelor v Nuix Ltd; Bahtiyar v Nuix Ltd - Supreme Court of Victoria, securities class action, led by Simon Marks KC

• (2022) ACSR 27; [2022] VSC 479 – multiplicity and group costs order

Bogan v Estate of Peter John Smedley – Supreme Court of Victoria, securities class action

• [2023] VSC 105 – security for costs

Crawford v ANZ & ors – Supreme Court of Victoria, unfair conduct claim, led by Michael Rush KC

• [2022] FCA 657 – bankrupt lead plaintiff, application for extension of time
• [2021] VSC 573 – group costs order
• [2021] VSC 578 – discovery

McNickle v Huntsman Chemical Company Australia Pty Ltd & ors – Federal Court of Australia, ongoing, negligence class action concerning Roundup

• [2023] FCA 1268 – expert opinion evidence
• [2023] FCA 1216 – case management re closing submissions
• [2023] FCA 662 – initial trial common questions
• [2022] FCA 1596 – expert evidence
• [2022] FCA 1596 – admissibility of expert evidence
• [2022] FCA 133 – adjournment of trial
• [2021] FCA 780 – appointment of assessors
• [2021] FCA 370 – expert evidence

Shimshon v MLC Nominees Pty Limited & anor – Supreme Court of Victoria, superannuation class action, led by Nicholas Owens SC and with Dr Shipra Chordia

• [2022] VSCA 18 – costs
• (2021) 402 ALR 724; [2021] VSCA 363 – appeal re preliminary question
• [2020] VSC 640 – determination of preliminary question

Andrianakis v Uber Technologies Inc & ors and Salem v Uber Technologies Inc & ors – Supreme Court of Victoria, conspiracy by unlawful means

• [2023] VSC 366 – privilege
• [2023] VSC 56 – strike out application
• [2022] VSC 643 – privilege appeal
• [2022] VSC 196 – privilege, including misconduct exception
• [2021] VSC 744 – sample group members
• [2020] VSC 885 – strike out application
• (2020) 61 VR 580; [2020] VSCA 186 – appeal of strike out decision
• [2020] VSC 152 – amendment to group definition
• [2019] VSC 850 – strike out application

Turner v Bayer Australia Ltd & ors, product liability class action, led by Fiona Forsyth KC

• [2021] VSC 241 – approval of discontinuance and withdrawal of part of the proceeding

ACN 117 641 004 Pty Ltd v S&P Global Inc – Federal Court of Australia, acted for the second applicant in a dispute concerning whether the proceeding ought to be stayed

Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia, settled, administrative law class action, led by Dan Star KC

• [2020] FCA 215 – settlement approval application
• [2019] FCA 859 – dispensation with notice requirements

Court v Spotless Group Holdings Limited – Federal Court of Australia, settled, securities class action, led by Peter Collinson KC

• [2020] FCA 1730 – settlement approval application

Fernbrook (Aust) Investments Pty Ltd v AMP Limited – Federal Court of Australia, securities class action, led by Richard Attiwill QC (now the Honourable Justice Attiwill)

Fletcher v Lendlease Corporation Limited & anor – Supreme Court of New South Wales, securities class action

Caason Investments Pty Ltd v Simon Xiao Fan Cao – Federal Court of Australia, acted for applicant in dispute with funder

Bywater v Appco Group Australia Pty Ltd – Federal Court of Australia, settled, employment class action, led by Kristine Hanscombe KC

Money Max Int Pty Limited v QBE Insurance Group Limited – Federal Court of Australia, settled, securities class action, led by Bernie Quinn KC

• [2018] FCA 2101 – costs
• (2018) 358 ALR 382 – settlement approval application

Manus Island Class Action – Kamasaee v Commonwealth & ors

• [2018] VSC 138 – settlement distribution scheme
• [2017] VSC 537 – settlement approval application, led by Fiona Forsyth (now KC)
• [2017] VSCA 121 – scope of issues to be determined in class action trial, led by David Curtain KC and Fiona Forsyth
• Ruling No 9 [2017] VSC 171 – live streaming of evidence to group members, led by David Curtain KC
• Ruling No 8 [2017] VSC 167 – class closure in a group proceeding, led by David Curtain KC and Fiona Forsyth
• Ruling No 7 [2016] VSC 770 – public interest immunity: foreign relations and Australian Red Cross documents
• Ruling No 6 [2016] VSC 605 – public interest immunity: foreign relations and International Committee of the Red Cross documents
• Ruling No 5 [2016] VSC 595 – public interest immunity: cabinet documents, led by Bret Walker SC
• Ruling No 4 [2016] VSC 492 – public interest immunity; sample foreign relations claims, led by Bret Walker SC
• Ruling No 3 [2016] VSC 438 – public interest immunity; cross examination in relation to cabinet documents, led by Bret Walker SC
• Ruling No 2 [2016] VSC 404 – client legal privilege

Murrindindi Black Saturday Bushfire Class Action – Rowe v AusNet Electricity Services Pty Ltd & ors

• [2015] VSC 232 – settlement approval application, led by Fiona McLeod SC & Richard Attiwill KC
• [2014] VSC 553 – expert conclaves
• [2014] VSC 474 – appeal, client legal privilege, led by Fiona Forsyth

Kilmore Black Saturday Bushfire Class Action – Matthews v AusNet Electricity Services Pty Ltd & ors

• [2014] VSC 663 – settlement approval application, led by Robert Richter KC and Lachlan Armstrong (now KC)
• Ruling No 32 [2013] VSC 630 – role of assessors, led by Andrew Keogh SC (now the Honourable Justice Keogh)
• Ruling No 31 [2013] VSC 575 – application made pursuant to s 138 of the Evidence Act 2008 (Vic) to exclude evidence obtained improperly, led by Andrew Keogh SC
• Ruling No 19 [2013] VSC 180 – appointment of assessors, led by Andrew Keogh SC
• Ruling No 10 [2012] VSC 379 – expert conclaves, led by Tim Tobin SC and Lachlan Armstrong
• Ruling No 9 [2012] VSC 340 – expert evidence, led by Tim Tobin SC and Lachlan Armstrong
• Ruling No 6 [2013] VSC 422 – client legal privilege, led by Andrew Keogh SC
• Ruling No 3 [2013] VSC 116 – obligations under the Civil Procedure Act 2010 (Vic) and client legal privilege, led by Andrew Keogh SC
• Ruling No 1 [2011] VSC 167 – application to regularise the proceeding when issued without authority of the representative Plaintiff, led by Robert Richter KC and Michael Lee (now the Honourable Justice Lee)

Earglow Pty Ltd v Sigma Pharmaceuticals Ltd – Federal Court of Australia, securities class action (settled), led by Julian Burnside KC and Lachlan Armstrong

Commercial and Consumer Law

Gold Coast Marine Aquaculture Pty Ltd v Aqua Star Pty Ltd & ors – Federal Court of Australia, ongoing, negligence, led by David Collins KC

Riley v Riley – Supreme Court of Victoria, settled, partnership dispute

Cargill Australia Ltd v Viterra Malt Pty Ltd – Supreme Court of Victoria, sale of business, led by Richard Attiwill KC; Court of Appeal [2023] VSCA 304 – application for leave to appeal indemnity costs order

Riviera Farms Pty Ltd v Accensi Pty Ltd – Supreme Court of Victoria, settled, contaminated herbicides, led by David Collins KC

IOOF Holdings Limited v Maurice Blackburn Pty Limited – Supreme Court of Victoria, settled, confidentiality in whistleblower documents, led by Richard Attiwill KC and Fiona Forsyth

Nimbona v Magnaye – County Court of Victoria, settled, misleading and deceptive conduct

GW & BR Crameri Pty Ltd v Byford Equipment Pty Ltd – County Court of Victoria, settled, contractual dispute

Bennett v Reid – County Court of Victoria, contractual and partnership dispute, settled

Noone, Director of Consumer Affairs Victoria v Operation Smile (Australia) Inc & ors (No 2) [2011] VSC 153 – Misleading and deceptive conduct, led by Alex Richards KC

Other

Chief Commissioner of Police v Paterson [2023] VSC 172 – firearm prohibition

Inquiries

Hazelwood Mine Fire Inquiry 2015 – Investigation into increased incidence of deaths (report available at http://hazelwoodinquiry.vic.gov.au/201516-report/volume-ii-investigations-into-2009-2014-deaths)

Own Motion Inquiry of the Office of the Racing Integrity Commissioner – Investigation into Laming, Potgieter and Zeyaur Rahman (public summary of the report available at https://racingintegrity.vic.gov.au/__data/assets/pdf_file/0018/164151/Public-Summary-Report-Own-Motion-June-2021.pdf)

Liability limited by a scheme approved under Professional Standards legislation.