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Experience

Sashi has a broad national practice with primary focus on Federal and State government work. She regularly appears as lead counsel in appellate and judicial review work in the Federal Court, State Supreme Courts and the High Court.

Her broad areas of practice span public law, commercial, common law and also include: law enforcement and regulatory law, administrative law, migration, taxation, corporate and personal insolvency, corporations law, constitutional law, consumer protection and trade practices, superannuation, and veterans’ law.

Sashi has held a national retainer as senior counsel since 2007 for significant law enforcement litigation and advising work on behalf of the Commonwealth. As junior counsel she was retained to conduct immigration cases for the Commonwealth in the Federal Court. She has conducted in excess of 200 migration matters including Full Court appeals involving test points in the Federal Court on behalf of the Commonwealth. Sashi has been recognised in Doyles “Best Barristers” guide. She holds a top-secret security clearance from the Commonwealth.

She is currently acting as lead counsel for the Commissioner of Police (Vic) in various Gobbo related and significant litigation pending in the Victorian Supreme Court and Court of Appeal.

She has appeared as lead counsel in (a) well in excess of 100 Full Court of the Federal Court appeals and judicial reviews (b) several State Supreme Court appeals and judicial reviews and (c) well in excess of 300 first instance matters in the Federal Court involving significant test points and statutory construction issues involving federal law matters. She has also appeared as junior to the Solicitor General of the Commonwealth in several significant High Court matters for the Commonwealth.

Some of the more notable appearances are as follows:

Full Court of the Federal Court

Lead counsel in the following significant appeals involving federal laws:

• XXVII v The Commonwealth of Australia (2018 challenge to validity of Commonwealth's executive determinations)
• Australian Crime Commission v NTD8 (No 2); Australian Crime Commission v NTD8 (Test cases regarding Commonwealth’s NT intervention)

Commissioner of the Australian Federal Police v Oke (Legality of AFP search warrants tested) JJ v Board of the Australian Crime Commission; C Incorporated v Australian Crime Commission; S v Australian Crime Commission; CC Pty Ltd v Australian Crime Commission; P* v Board of the Australian Crime Commission; GG v Australian Crime Commission; and CXXXVIII v The Commonwealth (Administrative Law – statutory construction – test cases on legality of executive acts of the Commonwealth)

• SBEG v Secretary, Department of Immigration and Citizenship (Migration law involving test points – whether permanent injunctive relief can be given regulating form of detention – choice of law – application of State laws to negligence claim against Commonwealth)
• Repatriation Commission v Butcher; Repatriation Commission v Stoddart; Lees v Repatriation Commission; Repatriation Commission v Richmond (Construction of significant provisions of the Veterans’ Entitlements Act 1986 (Cth))

• Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri (Mandatory detention of an unlawful non-citizen pending removal from Australia – whether continued detention authorised where no real likelihood or prospect of removal in the reasonably foreseeable future)
• Comcare v Simmons; Australian Postal Corporation v Sinnaiah (Construction of significant provisions of the Safety, Rehabilitation and Compensation Act 1988 (Cth))
  

Significant Supreme Court matters including Intermediate Appellate Courts

Acted as lead counsel in the following significant cases:

• Madafferi v The Queen [2022] VSCA 189 and [No 2] 2021 VSCA 5
• Zirilli v The Queen [2022] VSCA 192
• Keasey v Director of Housing [2002] VSCA
• Arico v The Queen [2002] VSCA 35, and [2021] VSCA 353
• Zirilli v The Queen [2021] VSCA 2, [No 2] [2021] VSCA 5 and [2021] VSCA 305, Madaferri v The Queen [2021] VSCA 1 (production and PII claims)
• Barbaro v The Queen [2021] VSCA 370
• Mokbel v The Queen [2021] VSCA 366
• Polimeni v The Queen [2021] VSCA 329 and [2022] VSCA 20
• Dale v The Queen [2012] VSCA 324 324
• Murray v The Chief Examiner [2018] VSCA 144
• Murray v the Chief Examiner (Vic Court of Appeal) (2017 challenge to contempt to powers)
• DPP (Cth) v Galloway & Others (Vic Court of Appeal) (2017 appeal regarding coercive powers)
• DBH v Australian Crime Commission & Ors (Qld Court of Appeal) (Coercive powers of the Australian Crime Commission tested)
• Australian Crime Commission v Marrapodi (WA Court of Appeal) (Jurisdiction – Commonwealth’s coercive powers tested)
• H Ltd v J (SA Supreme Court) (Test case on whether court has jurisdiction to make declarations about right to take one’s life - Commonwealth Constitution)
• DBH v Australian Crime Commission & Ors (Qld Court of Appeal) (Disclosure of confidential coercive examination material)
• Onesteel Trading Pty Ltd v Ewing International Limited Partnership & Ors (SA Full Court) (Practice and procedure on appeals)
• Securency prosecutions involving Reserve Bank subsidiary employees (Vic Supreme Court) (Intervention by the Commonwealth in the criminal trials to make submissions on important statutory construction issues involving Federal laws)

High Court matters

Appeared with the Solicitor General of the Commonwealth in the following significant matters involving federal laws:

• Strickland, Galloway & Others v DPP (Cth) & the Commonwealth of Australia (2018 Challenge to executive action of the Commonwealth)
• Al-Kateb v Godwin (Detention power of the Commonwealth under the Migration Act tested)
• Minister for Immigration and Multicultural and Indigenous Affairs v Al Khafaji (Judicial power – Immigration)
• Re Macks - (Jurisdiction of Federal Court – cross-vesting legislation. Inconsistency – Invalidity under Chapter III – Whether State laws repugnant to federal judicial power)
• Emanuele v ASIC and Commissioner of Taxation (Companies – Winding up in insolvency – Corporations Law)
• Byrnes v R (Constitutional Law – Inconsistency of laws)
  

Acted as lead counsel in other Federal Court significant cases in which she has acted as lead counsel

• Kew v Director of Professional Service Review (2021 case involving judicial review of Professional Services Review Committee and statutory construction issues under Health Insurance Act 1973 (Cth))
• SBEG v Secretary, Department of Immigration and Citizenship (Immigration law involving test points – whether permanent injunctive relief can be given regulating form of detention – choice of law – application of State laws to negligence claim against Commonwealth)
• Commissioner of Taxation v Moignard (Test case on construction of ss 97 and 101 of Income Tax Assessment Act 1936 (Cth))
• Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in Liq) (Taxation - insolvency)
• Australian Postal Corporation v Gorman (Jurisdictional error by Fair Work Australia)
• Stoddart v Repatriation Commission (Veterans’ Law – test case on construction of Veterans’ Entitlements Act and the statement of principles made thereunder)
• APRA v Holloway (Test case on anti-avoidance provisions of Superannuation Industry (Supervision) Act 1993 (Cth))
• Geographical Indications Committee v The Honourable Justice O’Connor - (Acting for Wine and Brandy Corporation - dispute about the SA Coonawarra wine region boundary)
• Milad v Vocational Registration Appeal Committee; Michael Alastair Reid & Ors v Vocational Registration Appeal Committee & Anor (Novel medical registration issues under Commonwealth legislation tested)
• In the matter of Addstone Pty Ltd (in liq); Peter Ivan Macks; Giuseppe Emanuele v Ronald Alwin Grey, Brian Bates, Peter John Lamb, Arthur Brown, Allan John Dau, Peter Edward Phillips, Ian Douglas Temby and Commonwealth of Australia; Re Simionato Holdings Pty Ltd (CAN 065 117 259); The Commissioner of Taxation of the Commonwealth of Australia v Simionato Holdings Pty Ltd; Citicorp Australia Ltd & Ors v Official Trustee in Bankruptcy & Anor; Commonwealth of Australia v Emanuel Projects Pty Ltd, Emanuel (Rundle Mall) Pty Ltd, Cc Lot 4 Pty Ltd, Emanuel (No4) Pty Ltd, Heriot Pty Ltd, Emanuel Properties Pty Ltd, Giuseppe Nominees Pty Ltd, Emanuel Management Pty Ltd, PBRS Pty Ltd, Grangeville; Rocco Emanuele and Linton Emanuele v Australian Securities Commission and Addstone Pty Ltd (In Provisional Liquidation) and Others; Simionato Holdings Pty Ltd v the Commissioner of Taxation of the Commonwealth of Australia; Commonwealth of Australia v Hendon Industrial Park Pty Limited); Sheahan, in the matter of Atsikbasis Nominees Pty Ltd (in liq); LHRC v Deputy Commissioner of Taxation (Cases involving corporate and personal insolvency and corporations law issues - and taxation issues - involving several test points)

• Salerno v National Crime Authority & Ors (Challenge to legality of law enforcement activities)
• NATB v Minister for Immigration (Removal of unlawful non-citizen from Australia - duty of officer to remove the non-citizen "as soon as reasonably practicable")
• SSBV v National Disability Insurance Agency (NDIS)

Prior to joining the Bar, Sashi was an Associate to the Chief Justice of Tasmania, Sir Guy Green and then Senior Executive Officer and General Counsel with the Australian Government Solicitor. As General Counsel for the AGS she appeared as lead counsel in a wide range of federal law appellate and trial proceedings including public and administrative law, tax, veterans matters, migration, corporate and personal insolvency, trade practices and constitutional law matters.

Sashi’s resume including details of significant court appearance is annexed here 

MEMBERSHIPS AND ASSOCIATIONS

Vice Chairperson of the Essoign Club (Victorian Bar)

Women Barristers' Association

Member of the Australian Constitutional Law Association

Asian Australian Lawyers Association

Sashi has formerly served as a member of the South Australian Bar Council and Chairperson of the SA women at the Bar Committee of the SA Bar, the Deputy Chairperson of the SA Disciplinary Appeals Tribunal and the Vic Bar Diversity and Inclusion Committee. She has been a mentor of Indigenous law students.