Frances specialises in public law, including constitutional law and other complex public law matters. She regularly appears in constitutional cases in the High Court for plaintiffs, defendants and the Commonwealth and State Attorneys-General. Frances has acted for successful plaintiffs in a number of significant cases, including DPP (Cth) v Keating [2013] HCA 20 (about retroactive criminal laws); Brown v Tasmania [2017] HCA 43 (about the implied freedom of political communication) and Amato v Commonwealth (concerning the validity of the “Robodebt scheme”). She has strong experience in litigation under federal environment laws, especially the EPBC Act, and also more general regulatory experience. Frances has been recognised in AFR’s Best Lawyers list (litigation and constitutional law categories) since 2017.

Recent cases in last two years, acting for:

the Secretary in Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action [2024] FCAFC 134

Woodside in Australian Conservation Foundation v Woodside Energy Ltd (did not go to trial);

Australia Post in Albyn Queensland Pty Ltd v Australian Postal Corporation [2024] VSC 584;

the Deputy Premier and the Secretary to the Department of Education in the Yoorrook Justice Commission;

the Secretary in Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action [2024] FCA 317;

ANZ in Rossiter v Australia and New Zealand Banking Group Ltd (did not go to hearing)

Optus in Optus Administration Pty Ltd v Saluwadana [2023] VSCA 266;

the Information Commissioner in Foley v Australian Information Commissioner [2024] FCA 169;

the Information Commissioner in Medibank Private Limited v Australian Information Commissioner [2024] FCA 117;

IBAC in AB (a pseudonym) v Independent Broad-based Anti-corruption Commission [2024] HCA 10;

the plaintiff in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37;

the plaintiffs in Vanderstock v Victoria [2023] HCA 30;

the Minister in Benbrika v Minister for Home Affairs [2023] HCA 33;

the Commonwealth in Jones v Commonwealth [2023] HCA 34;

the defendants in Cotterill v Romanes [2023] VSCA 7.

To view the CV of Frances Gordon KC please click here.

*Liability limited by a scheme approved under Professional Standards legislation

Areas of Practice

Cases