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Lachlan Molesworth

QUALIFICATIONS  
ADMITTED  2011    BAR  2018
CHAMBERS  ACK 3001

CLERK CONTACT  03 9225 7999
PHONE  9225 8259
MOBILE  0466 452 298
EMAIL  lachlan.molesworth@vicbar.com.au

Lachlan Molesworth,

AREAS OF PRACTICE

  • Magistrates Court
  • Administrative Law
  • Arbitrators International
  • Banking and Finance
  • Bankruptcy and Insolvency
  • Class Actions
  • Commercial Law
  • Competition Law
  • Constitutional
  • Contract
  • Corporations
  • Credit
  • Criminal Law
  • Customs / Shipping / Maritime
  • Disciplinary Tribunals
  • Environment
  • Environment and Planning Law
  • Equity / Equitable Relief / Trusts
  • Foreign Investment
  • Insurance
  • Land Valuation
  • Mining Law
  • Probate / Wills / Part IV
  • Regulatory Tribunals
  • Schemes Of Arrangement
  • Superannuation
  • Taxation Law

ENQUIRIES: dever@vicbar.com.au

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Experience

Lachlan practices in revenue and commercial law. He specialises in taxation, complex commercial matters and the foreign investment regime.

He frequently acts for the Commonwealth as well as private clients.

Lachlan has appeared in a wide range of disputes in the High Court, Full Federal Court, Federal Court, Court of Appeal and Supreme Court, as well as the Banking Royal Commission and the Police Informants Royal Commission. He also appears in international commercial arbitrations.

He advises on commercial and corporations law matters, including equity and trust law, contract, oppression, ASIC regulatory disputes and foreign investment (FIRB) matters.

He advises on direct and indirect tax disputes, and focuses on transfer pricing, the general anti-avoidance regime, tax treaty disputes and other international tax matters.

Before coming to the Bar, Lachlan was in the Commonwealth Treasury Portfolio, covering taxation, foreign investment (FIRB) and corporations law. He was involved with the development of important Commonwealth legislative reforms, including the development of the Multinational Anti-avoidance Law and Diverted Profits Tax to counter avoidance schemes.

Prior to that he was a solicitor at an international firm advising on large commercial and taxation disputes in Australia.

He graduated with a Masters with Distinction from the University of Oxford, and Bachelors in Laws and Engineering from the University of Melbourne.

He is an executive board director of the Law Council of Australia and has been a member of the Victorian Bar Council.

He is Chair of the National Trusts of Australia, Deputy Chair of the National Trust of Victoria, and a Director of Ys Housing, three not-for-profit community organisations.

He is a Senior Fellow of the Melbourne Law School of the University of Melbourne, teaching corporations and taxation subjects in the Masters of Law and Juris Doctorate programs, including the Tax Avoidance masters subject taught jointly with former justices Hon Tony Pagone AM KC and Hon Jennifer Davies KC. He also takes the tax subject in the Bar Readers' course.

Lachlan is a member of Lincoln's Inn, London.

He is presently undertaking a dissertation at the University of Oxford law faculty.

Lachlan read with Eugene Wheelahan QC and Allan Myers AC QC.

Recently published cases in which Lachlan has appeared:

Commercial and equity/trust matters

Cant v Mad Brothers Earthmoving Pty Ltd [2020] VSCA 198; (2020) 63 VR 222

Parker v Auswild; Bergmuller v Auswild [2022] VSCA 8; (2022) 403 ALR 111

Keybridge Capital Limited v WAM Active Limited [2023] FCA 339

Watkins v Tatana [2023] FCA 248

Bignaches Pty Ltd v Access Strata Management Pty Ltd & Ors [2022] VSC 639

Timeless Sunrise Pty Ltd v BigJ Enterprises (No 3) [2022] VSC 499

Timeless Sunrise Pty Ltd v BigJ Enterprises (No 7) [2022] VSC 549

Ian Morris v Victorian Farmers Feration [2022] VSC 407

Rita Troiano v Ross Voci & Ors [2021] VSC 851

Porter & Anor v Mulcahy & Co Accounting Services Pty Ltd & Ors [2021] VSC 572

JAB Nominees (Aust) Pty Ltd v Auswild [2021] VSC 275; (2021) 152 ACSR 618

JAB Nominees (Aust) Pty Ltd v Auswild & Ors [2020] VSC 731

Porter v Mulcahy & Co Accounting Services Pty Ltd [2020] VSC 430

Ran Bi v Yingde Investments Pty Ltd [2019] VSC 324

Troiano v Voci [2019] VSC 859

In the matter of Erfanian Developments Pty Ltd [2018] VSC 342

Carlig v M H Heath & M P Jones (t/as Allmand Jones & Partners) [2019] VCC 1175

Bolton and Australian Securities and Investments Commission [2021] AATA 5293

Taxation and regulatory matters

Commissioner of Taxation v Sharpcan Pty Ltd [2019] HCA 36; (2019) 269 CLR 370

Watson v Commissioner of Taxation [2020] HCASL 224

Clough Limited v Commissioner of Taxation [2021] FCAFC 197; (2021) 114 ATR 1

Victoria Power Networks Pty Ltd v Commissioner of Taxation [2020] FCAFC 169; (2020) 281 FCR 318

Watson v Commissioner of Taxation [2020] FCAFC 92; (2020) 277 FCR 253

Hart v Commissioner of Taxation [2019] FCAFC 179; (2020) 272 FCR 612

Commissioner of Taxation v Balasubramaniyan [2022] FCA 374

Clough Limited v Commissioner of Taxation [2021] FCA 108; (2021) 112 ATR 752

Clough Limited v Commissioner of Taxation (No 2) [2021] FCA 267

Watson as trustee for the Murrindindi Bushfire Class Action Settlement Fund v Commissioner of Taxation [2019] FCA 228; (2019) 109 ATR 794

Paule v Commissioner of Taxation [2019] FCA 394

Ammouche v Chief Commissioner of Police [2018] FCA 1703; (2018) 266 FCR 430



From 03 May 2018, liability limited by a scheme approved under Professional Standards legislation.