AREAS OF EXPERTISE
- International Commercial Arbitration
- Class Actions / Representative Proceedings
- Competition/Market Conduct
- International Trade Law
- Constitutional Law
Tim practises in commercial law, public law and tort. He has appeared in trials, appeals and interlocutory matters in the Supreme Court, Court of Appeal, Federal Court, County Court and various tribunals.
In commercial law, Tim has advised and appeared in international and domestic arbitrations and class actions as well as matters involving trusts, financial services, professional negligence, insolvency, commercial leases, competition law, consumer protection and building and construction.
In public law, Tim has advised and appeared in matters involving constitutional law, administrative law and freedom of information.
Before coming to the bar Tim spent six years at Allens, in the competition and commercial litigation departments, leaving as a senior associate. He worked on a range of complex commercial disputes, including international arbitrations, class actions, competition matters, tax litigation, High Court challenges to the constitutional validity of legislation and regulatory investigations.
Tim has undergraduate honours degrees in law and philosophy from the University of Melbourne, where he received several academic prizes, including the contract law prize and the Hastie Scholarship for placing first in philosophy final honours. He also obtained a Masters degree with honours in philosophy from the University of Cambridge as the Cambridge Commonwealth Trust’s Fulton Australia Scholar.
Tim read with Dr Paul Vout, and his senior mentors are David Batt QC and Richard Niall QC.
• Acting for the respondents and counterclaimants in an international arbitration about drilling services for an offshore gas platform
• Acting for the claimant in an international arbitration about the sale of a dairy production business to international investors
• Acting for the claimant in a domestic arbitration over the construction of a feed mill
• Acting as secretary to various tribunals under the UNCITRAL and ICSID rules
Constitutional and public law experience
• Advising the Commonwealth Department of Treasury concerning proposed amendments to the Competition and Consumer Law (with Rowena Orr QC)
• Advising on the possibility of a challenge to the validity of certain Commonwealth taxation and social welfare legislation (unled)
• Advising on the likely constitutional validity of proposed legislation to regulate the oil and gas industry (with Peter Hanks QC)
• Appearing for the applicants in various reverse freedom of information applications in VCAT (unled)
Commercial law experience
• Esposito Holdings Pty Ltd and anor v Esposito Holdings Pty Ltd & ors; Hui v Esposito Holdings & ors – Federal Court – acting for the respondents in an application to remove an arbitrator under the International Arbitration Act (with Greg Harris QC)
• Mance v Mance & ors; Mance Holdings Pty Ltd & ors v Mance & ors – Supreme Court – acting for the plaintiff / defendant in related equity, trusts and misuse of confidential information proceedings
• Milburn Lake Pty Ltd v Andritz Pty Ltd & anor – Supreme Court – acting for the applicant in a building and construction dispute
• Caltex Australia Petroleum Pty Ltd v Agtan Pty Ltd – Supreme Court – acting for the plaintiff tenant in a commercial lease dispute (with Michael Borsky QC)
• Director, Consumer Affairs Victoria v Nightingale Electrics Pty Ltd & anor  FCA 279 – acting for the respondents in relation to various alleged breaches of the Australian Consumer Law (with Georgina Costello)
• Deutsch v Deutsch - Court of Appeal – acting for the appellant in relation to a security for costs application, mediation and general advice on appeal of damages decision (unled).
• Advising and appearing unled in the Supreme Court, the County Court and VCAT in relation to various commercial disputes, including trusts, contract, applications for default judgment and building and property
Tort law experience
•Hanley v National Australia Bank Limited – Supreme Court – acting for the defendant in professional negligence proceedings (with Rowena Orr QC and Premala Thiagrajan)
• Hawes v Taualii & ors – Supreme Court – acting for the plaintiff in relation to allegations of trespass, battery, conversion, undue influence, unconscionability and unjust enrichment (with Dr Paul Vout
• Johnstone v Johnstone & anor – Supreme Court – acting for the plaintiff in relation to allegations of assault, battery, undue influence and unjust enrichment (unled)
Updating author, Intentional Torts, The Laws of Australia, Thomson Reuters
*liability limited by a scheme approved under Professional Standards legislation