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Experience

Brad specialises in commercial disputes, with particular expertise in class actions, contract, insurance, construction, property, consumer law and corporations law proceedings. He also practises extensively in common law matters.

Brad appears regularly in trial, appellate and interlocutory hearings in all state and federal courts and tribunals, at mediations and arbitrations. He appears led, unled and as lead counsel.

Brad is also a nationally accredited mediator and accepts briefs to mediate in all areas of the law.

Brad was previously a solicitor in the commercial litigation group at Allens and an associate at the Supreme Court of Victoria in the Court of Appeal. He holds a Bachelor of Laws (First Class Honours) and a Bachelor of Arts from Monash University and a Master of Laws from the University of Melbourne.

A brief selection of matters in which Brad has recently acted includes:

COMMERCIAL LAW:

- Aqua Star Pty Ltd v C P Aquaculture (India) PVT Ltd (2024, Court of Appeal, leading C Middleton) (Supply Agreement - Letter of credit - Sale of Goods Act 1958 (Vic) s 19(a) - Breach - Evidence Act 2008 (Vic) ss 69, 183)
- Orion East Pty Ltd v Box Hill Institute (2022-2024, Supreme Court, led by P Neskovcin KC (as her Honour then was) and then J Gurr SC, briefed by Ashurst) (Development deed - Design development - Repudiation - Termination)
- Lazarovski v Surbevski (2022-2024, Supreme Court, unled) (Oppression - Directors' duties)
- Pact Group Holdings (Australia) Pty Ltd v Qube Logistics (Aust) Pty Ltd (2023-2024, Supreme Court, unled, briefed by Ashurst) (Misleading and deceptive conduct - Breach of contract - Detinue - Conversion)
- Ripani v Century Legend Pty Ltd (2022-2024, Federal Court, led by S Stuckey KC) (Misleading and deceptive conduct - Reliance - Contract - Breach - Repudiation - Estoppel)
- P20 ESG Acquisition Pty Ltd, in the matter of P20 ESG Acquisition Pty Ltd (2024, Federal Court, unled) (Sections 1322(4)(c) and (d) of the Corporations Act 2001 (Cth))
- Ballymoss Pty Ltd v Kollaras & Co Pty Ltd (2022-2024, County Court, led by S Hay KC, with J Waller, briefed by Holding Redlich) (Customs duties - Duty drawback - Breach of warranty - Misleading and deceptive conduct)
- Sarric Pty Ltd v Invidia Foods Pty Ltd (2023-2024, District Court of NSW, unled) (Business sale agreement - Loan facility deed - Service contract - Breach of contract - Acceleration - Unjust enrichment - Indemnity)
- Sakellaropoulos v Sakellaropoulos (2023, Supreme Court, unled) (Heads of agreement - Deed of settlement - Performance)
- Larkspur Tribeca Ltd v iSignthis Limited (BVI) (2023, Federal Court, led by G Bigmore KC, briefed by Colin Biggers & Paisley) (Breach of trust - Breach of fiduciary duty - Knowing receipt - Knowing assistance - Rectification - Misleading and deceptive conduct)
- Santrev Pty Ltd v Orient Poultry (UK) Pty Ltd (2020-2023, Federal Court, unled) (Misleading and deceptive conduct - False and misleading representations - Passing off)
-Prioletti Consultants Pty Ltd v Box Hill Institute (2022, Supreme Court, unled, briefed by Ashurst) (Registered training organisation - TAFE - Breach of contract - Misleading and deceptive conduct - Unconscionable conduct)
- Century Legend Pty Ltd v Ripani [2022] FCAFC 191 (Led by S Stuckey QC) (Appeal - Misleading and deceptive conduct - Rejection of witness evidence - Exclusion clauses - Statutory rescission - Equitable rescission)
- Energy Resources of Australia Ltd, in the matter of Energy Resources of Australia Ltd [2022] FCA 176 (Unled, briefed by Ashurst) (Sections 203AA(2), 205B(5), 1322(4)(c) of the Corporations Act 2001 (Cth))
- The Walt Disney Company (Australia) Pty Ltd, in the matter of The Walt Disney Company (Australia) Pty Ltd (2022, Federal Court, unled, briefed by Ashurst) (Sections 1322(4)(c) and (d) of the Corporations Act 2001 (Cth))
- RNB Equities Pty Ltd v Regal Funds Management Pty Ltd (2018-2021, Federal Court, led by G Bigmore QC and M Goldblatt, briefed by Logie Smith Lanyon) (Market manipulation - ss 1041A, 1041B, 1317HA Corporations Act 2001 (Cth) - Derivative financial instrument - Algorithmic trading - Market microstructure)
- Bachy Soletanche Australia Pty Ltd v Geotech Pty Ltd (2020, Supreme Court, led by R Craig QC, briefed by Ashurst) (Breach of trust - Breach of joint venture deed - Preservation of trust property pending arbitration - "Material adverse effect" - "Material default" - Interim injunction - Interlocutory injunction - Mandatory injunction)
- West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz) (Acting for the State of Victoria)
- Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd [2019] VCC 2156 (Unled) (Contract - Repudiation - Expectation damages - Assessment of damages - Whether GST should be included in damages)

COMMON LAW:

- Ram v Magri (2023-2024, Supreme Court, unled) (Contract of sale - Terms contract - Equitable lien - Professional negligence by solicitor - Breach of retainer)
- Todd v Todd (2023-2024, Supreme Court, unled) (Inducing breach of contract - Injurious falsehood)
- The Tailor Made Spirits Company Limited v Hall & Wilcox (2019, VCAT, unled, briefed by Minter Ellison) (Professional negligence - Breach of retainer - Breach of the Australian Consumer Law - Jurisdiction of VCAT)
- Williams v AusNet Electricity Services Pty Ltd (2017, Supreme Court, led by G Harris QC, with T Jeffrie, briefed by Colin Biggers & Paisley) (Mickleham bushfire class action - Duty of care - Scope and content of duty - Breach of duty - Legal and factual causation - Apportionment - Contribution)

BUILDING AND CONSTRUCTION:

- Becon Investment Group Pty Ltd v Stojanovski (2023-2024, Supreme Court, unled) (Domestic building - Joint venture agreement - Constructive trust - Misleading and deceptive conduct - Estoppel - Restitution)
- ACN 115 918 959 Pty Ltd v Moulieris (2018-2024, VCAT, led by R Craig QC, briefed by Gadens) (Domestic building - Prime cost items - Provisional sums - Variations - Repudiation - Restitution - Mann v Paterson Constructions Pty Ltd [2019] HCA 32 - Defects - Builder's warranties - Misleading and deceptive conduct)
- In the matter of the Melbourne Cricket Ground [2022] VBAB 105 (Unled, briefed by Ashurst) (Section 160A Building Act 1993 (Vic) - Application to determine that the proposed performance solution for the cladding arrangement at the Northern Stand complies with the Building Code of Australia)
- West Gate Tunnel Project (2019-2020, led by S Marks QC and R Craig QC, with B Slocum and S Mariole, briefed by Clayton Utz) (Acting for the State of Victoria)

PRACTICE AND PROCEDURE:

- ACN 115 918 959 Pty Ltd v Moulieris [2024] VSCA 71 (Led by R Craig KC, briefed by Gadens) (Appeal from Trial Division - Relevant and irrelevant considerations - Dismissal for want of prosecution - Hardship - Conduct of proceeding causing disadvantage)
- Aqua Star Pty Ltd v C P Aquaculture (India) Pvt Ltd [2024] VSCA 67 (Leading C Middleton) (Application for stay of orders requiring payment of outstanding judgment debt pending appeal)
- The King v Xpress Building Design Pty Ltd (2023-2024, Supreme Court, unled) (Contempt - Failure to comply with subpoena)
- Ripani v Century Legend Pty Ltd (No 3) [2023] FCA 812 (Led by S Stuckey KC) (Scope of new trial - Misleading and deceptive conduct)
- Gomez v Carrafa [2023] FCA 719 (Unled) (Application for extension of time to appeal – Leave to appeal required – No reasonable prospect of success)
- Ballymoss Pty Ltd v Kollaras & Co Pty Ltd (No 4) [2023] VCC 1268 (Unled, briefed by Holding Redlich) (Particular discovery - Legal professional privilege - Waiver - Security for costs)
- ACN 115 918 959 Pty Ltd v Moulieris [2022] VSC 555 (Led by R Craig KC, briefed by Gadens) (Appeal from VCAT - Relevant and irrelevant considerations - Legal unreasonableness - Dismissal for want of prosecution - Hardship - Conduct of proceeding causing disadvantage)
- Gomez v Carrafa [2022] FCA 1013 (Unled) (Strike out application - Application for leave to amend - Bankruptcy - Allegation of malicious prosecution by trustee in bankruptcy – Allegation of misfeasance in public office by trustee in bankruptcy)
- Gomez v Carrafa [2021] VSCA 661 (Unled) (Special federal matter – Transfer of proceeding to Federal Court – Whether appeal competent – Section 13(a) precludes appeal from decision of court in relation to transfer of proceeding under Act – Whether decision confined to reasons for transfer and not antecedent reasons)
- Hunter Byron & Co Pty Ltd v AC Home Design Pty Ltd [2021] VSC 777 (Unled) (Judicial review of an order by VCAT – Natural justice – Appeal from an order of VCAT - Reasonable excuse for not attending the hearing)
- ACN 115 918 959 Pty Ltd v Moulieris [2021] VCAT 1136 (Led by R Craig QC, briefed by Gadens) (Victorian Civil and Administrative Tribunal Act 1998 - Section 76 - Dismissal for want of prosecution - Section 78 - Conduct of proceeding causing disadvantage)
- Mortgage Finance Options Pty Ltd v Uniq Finance Australia Pty Ltd (No 2) [2020] VCC 555 (Unled) (Costs - Offer of compromise - Calderbank offer - Costs on an indemnity basis)
- RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Ltd [2019] FCA 760 (Led by G Bigmore QC, briefed by Logie-Smith Lanyon) (Jurisdiction - Market manipulation - Breach of PDS - Whether "matter" arising under legislation - Accrued jurisdiction - Whether common substratum of facts)
- RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited (No 2) [2019] FCA 1385 (Led by M Goldblatt, briefed by Logie-Smith Lanyon) (Strike out application – Alternative claim for particulars)

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.