Administrative Law (Merits Review & Judicial Review)
FOI & Privacy
Regulatory (Compliance & Investigations)
Tim practises primarily in commercial law and public law. Before coming to the bar Tim spent six years at Allens, in the competition and commercial litigation departments, leaving as a senior associate.
Tim’s practice has included complex commercial disputes, competition law, trade practices litigation, class actions, constitutional law, administrative law and regulatory investigations. He also has experience in international arbitration.
Tim has undergraduate honours degrees in law and philosophy from the University of Melbourne, where he received a number of academic prizes, including the Deacons Graham & James contract law prize and the Hastie Scholarship in philosophy. 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.
Public law matters
• Director, Consumer Affairs Victoria v Nightingale Electrics Pty Ltd and anor. No. VID 356 of 2014 – Federal Court of Australia – acting for the respondents in relation to various alleged breaches of the Australian Consumer Law (with Georgina Costello).
• Providing detailed advice on the likely consistency of proposed legislation with sections 51(xxxi), 91 and 99 of the Constitution (with Peter Hanks QC).
• Appearing for the applicants in various reverse Freedom of Information Act applications in VCAT (unled).
• Appearing in relation to guardianship and administration orders in VCAT (unled).
Commercial law matters
• Deutsch v Deutsch No. SAPCI 2014 0133 – Victorian 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 on various matters in relation to the Personal Property Securities Act 2009 (Cth) (with Peter Collinson QC and Kate Beattie).
• 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.
Tim was involved in the following matters before coming to the bar.
• In the matter of Newcrest Mining Limited, Australian Securities and Investments Commission v Newcrest Mining Limited No. VID 292 of 2014;  FCA 698 – Federal Court of Australia – acted for the defendant in the proceedings seeking civil penalties against it for breach of its continuous disclosure obligations under the Corporations Act 2001 (Cth).
• Bradken Limited & ors v Norcast S.ár.L, Australian Competition and Consumer Commission intervening No VID 291 of 2013;  FCAFC 123 – Full Court of the Federal Court of Australia – acted for the respondent in the appeal of the trial decision that was the first to apply the cartel provisions of the Competition and Consumer Act 2010 (Cth).
• Courtenay Polymers Pty Ltd v Camel Tanks Pty Ltd & ors No CI-12-02465 – County Court of Victoria – acted for the third party in a product liability dispute concerning plastics.
• JT International SA v The Commonwealth of Australia, No S409 of 2011; British American Tobacco Australasia Limited and ors v The Commonwealth of Australia No S389 of 2011;  HCA 43 – High Court of Australia – acted for one of the plaintiffs in the challenge to the constitutional validity of Australia’s plain packaging legislation.
• Philip Morris Asia Limited v The Commonwealth of Australia, UNCITRAL, PCA Case No. 2012-12 – Permanent Court of Arbitration, The Hague – acted for the claimant in an investor-state arbitration under the 1993 agreement between the Government of Australia and the Government of Hong Kong for the promotion and protection of investments.
• Appeal of community treatment orders – Mental Health Tribunal (then Review Board) – acted for approximately 3-4 clients a year from 2010 to 2013 advising them on their appeals before the Board of their community treatment orders and appearing on their behalf when instructed to do so.
• Philip Morris Limited v Department of Health and Ageing and another No 4800 of 2009; British American Tobacco Australia Limited v Department of Health and Ageing No 2728 of 2010;  AATA 215 – Administrative Appeals Tribunal – acted for the applicant in review of the decision to refuse a request for documents under the Freedom of Information Act 1982 (Cth) on the basis that the requested documents were exempt from production as being subject to legal professional privilege.
Peter O'Donahoo and Tim Maxwell (2014) Contingency Fees and Access to Justice in Australia. Defense Counsel Journal: July 2014, Vol. 81, No. 3, pp. 272-278.
Tim Maxwell and Angela Gibbs, Minister not permitted to cap the granting of protection visas, Human Rights Law Centre case note, 20 June 2014.
*liability limited by a scheme approved under Professional Standards legislation