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Owen Wolahan

QUALIFICATIONS  BA, LLB (Hons)
ADMITTED  2009    BAR  2015
CHAMBERS  ODW 1404

CLERK CONTACT  03 9225 7999
PHONE  9225 7999
MOBILE  413 131 441
EMAIL  owolahan@vicbar.com.au

Owen Wolahan, BA, LLB (Hons)

AREAS OF PRACTICE

  • Magistrates Court
  • Administrative Law
  • Commercial Law
  • Contract
  • Equity / Equitable Relief / Trusts
  • Mediators (Accredited)
  • Torts (Other Than PI)

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Experience

Owen practises in commercial law.

Prior to coming to the bar, Owen was a solicitor with Herbert Smith Freehills where he acted for companies across banking, investment, mining, electricity, and retail. Owen is experienced in advising companies who are defending complex claims brought in contract, negligence, or breach of statutory obligations. Owen also worked on a number of class actions, acting for large listed companies in shareholder claims, as well as for the electricity distributor in the Victorian bushfires claims.

In 2013, Owen joined the Office of Crown Counsel in the Victorian Government where he advised the Attorney-General and the Department of Justice on policy implementation, policy development, human rights compatibility, and other general legal matters.

Since coming to the bar, Owen has appeared in the Supreme Court, County Court, Federal Court, Federal Circuit Court, and Magistrates' Court, as well as VCAT and the AAT.

Matters that Owen has been briefed on since coming to the bar include:

  • Whirlpool (Australia) Pty Ltd v Castel Electronics Pty Ltd, for Castel (with Andrew Bailey, led by Leslie Glick QC) (settled)
  • FSS Trustee Corporation v Eastaugh [2016] VSC 636, for Alfred Health (with Hamish Austin)
  • Cargill Australia Limited v Viterra Malt Pty Ltd, for Viterra and Glencore (led by Allan Myers AC QC, Suresh Senathirajah QC and Stephen Parmenter QC) (judgment reserved)

In the Cargill Australia matter, Owen was also closely involved with numerous interlocutory matters including:

  • (No 1) [2017] VSC 126 – Waiver of privilege, independence of lawyer, fraud exception
  • (No 2) [2017] VSC 283 - Anti-suit injunction restraining compulsory discovery procedure in the USA
  • (No 3) [2017] VSC 650 - Waiver of privilege, apportionment of costs
  • (No 4) [2017] VSC 797 – Discovery (evidence in support and correspondence only)
  • (No 5) [2017] VSC 798 – Application to undertake compulsory discovery procedure in the USA (evidence in support and written submissions only)
  • (No 10) [2018] VSC 439 - Amendment of pleading during trial
  • (No 11) [2018] VSC 453 - Waiver of privilege by reviving memory
  • (No 12) [2018] VSC 454 - Order of evidence at trial
  • (No 18) [2018] VSC 772 - Amendment of pleading during trial
  • (No 19) [2018] VSC 798 - Notices to produce
  • (No 22) [2019] VSC 351 - Amendment of pleading during trial
  • (No 24) [2019] VSC 438 - Application by plaintiff to adduce further evidence
  • (No 25) [2020] VSC 172 - Application by defendants to adduce further evidence

Owen’s academic achievements include first-class honours in law from Monash University, where he won the subject prize for Restrictive Trade Practices.

Owen read with Stephen Parmenter, and his senior mentor is Philip Solomon QC.

From 30 Oct 2015, liability limited by a scheme approved under Professional Standards legislation.