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Experience

Patrick practices broadly, with a focus on public law, regulatory matters, government liability, criminal law and inquiries.

Before coming to the bar, Patrick was an associate to the Hon Justice Nettle AC in the High Court of Australia; a senior lawyer and manager of the Appeals Practice at the North Australian Aboriginal Justice Agency (NAAJA); and an associate to Justice T Forrest in the Supreme Court of Victoria.

Patrick holds a Bachelor of Arts and a Juris Doctor (with first-class honours) from the University of Melbourne. He read with Ruth Shann SC and his senior mentor is Rowena Orr QC (SG).

Some illustrative matters include:

Public law:

• Bara v Blackwell (HCA No. D1/2023) (ongoing) (led by Emrys Nekvapil SC, with JR Murphy) — constitutional law; racial discrimination; validity of Territory law under the Racial Discrimination Act 1975 (Cth).
• Environment Centre NT (Inc) v Pastoral Land Board of the Northern Territory & Ors (2023, ongoing) (led by J Hutton SC and Dr L Hilly) — judicial review; land clearing; proper construction of scheme for pastoral leases.
• Hutson v Australian Securities and Investments Commission [2022] QSC 243 (led by N Clelland SC with S Webster) — jurisdiction of state courts; declaratory relief; statutory construction; powers of ASIC under the Australian Securities and Investments Commission Act 2001 (Cth).
• Friends of Leadbeater's Possum Inc v VicForests [2021] HCATrans 215; VicForests v Friends of Leadbeater's Possum Inc (No 2) [2021] FCAFC 92 (led by J Kirk SC with J Watson) — interaction between State and Commonwealth regimes for protection and conservation of the environment; proper construction of Environment Protection and Biodiversity Conservation Act 1999 (Cth); costs in public interest litigation.
• Roy v O’Neill (2020) 272 CLR 291; HCA 45 (led by P Boulten SC) — powers of public authorities to enter private residential land; trespass; common law implied licence to enter.
• Regular advice work for individuals, corporations and government entities on a range of matters, including advice work for the Victorian government led by the Solicitor-General of Victoria (K Walker SC (SG)) in constitutional law, statutory construction, crown immunities and criminal law.

Royal Commissions, inquests and other inquiries:

• Acted for senior Victorian Government witnesses in the Royal Commission into Past and Ongoing Injustices Experienced by Victorian First Peoples (the Yoorrook Justice Commission) (2023, ongoing), including:
  • For the Attorney-General of Victoria, the Hon Jacqueline Symes (led by P Grey KC and S Keating, with G Cafarella);
  • For the Minister for Police, the Hon Anthony Carbines (led by D Star KC and H Tiplady, with G Cafarella);
  • For the Associate Secretary to the Department of Families, Fairness and Housing, Argiri Alisandratos (led by C Horan KC and L Hilly, with G Cafarella);
  • For the Secretary to the Department of Justice and Community Safety, Kate Houghton (led by G Coghlan KC, and then P Grey KC, and S Keating, with G Cafarella).
• Counsel Assisting the Inquest into the death of Kumanjayi Walker (2022‑2023, ongoing) (led by Dr P Dwyer).
• Acted for former child detainees during the Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory (Don Dale Royal Commission).

Criminal law:

• Mokbel v The Queen [2022] VSCA 83 (led by R Shann SC and S Seoud) — second or subsequent appeal; referral from Court of Appeal to Trial Division pursuant to s 319A of the Criminal Procedure Act 2009 (Vic).
• Arico v The Queen [2022] VSCA 35 (led by OP Holdenson KC) — successful appeal from decision of judicial registrar in relation to orders for production.
• Clark v The Queen [2021] VSCA 350 (unled) — appeared unled on successful appeal against sentence.
• Mendieta-Blanco v The Queen [2021] HCATrans (led by R Shann SC and C Boston) — criminal law; sentencing; uncharged acts; scope of principle in De Simoni.
• Various other trials, pleas and appeals (led and unled): see eg, DPP v Lawlor (a pseudonym) [2022] VCC 856; Mangurra v Rigby [2021] NTSC 6; CDPP v Hutson [2021] QDCSR 78; Babui v O'Neill [2020] NTSC 50; Parry v Firth [2020] NTSC 37; Herbert v Byrne [2018] NTSC 37; Firth v KG [2018] NTSC 68.