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Experience

Melanie practices in commercial, tort and consumer law in the Federal and State courts. She has particular experience in class actions.

Melanie is the Chair of the Class Actions Committee of the Commercial Bar Association.

Before commencing in law, Melanie worked as a scientific researcher, predominantly in synthetic organic chemistry.

Class actions

Clarke v JB Hi-Fi Group Pty Ltd – Supreme Court of Victoria, consumer class action

Bergman v Sportsbet Pty Ltd – Supreme Court of Victoria, consumer class action

Krakouer v AFL – Supreme Court of Victoria, racial vilification class action

Thomas & anor v The A2 Milk Company Limited – Supreme Court of Victoria, securities class action

Tham v Australian Capital Territory [2024] FCA 1508 – Federal Court of Australia, employment class action, settlement approval hearing

Laricchia v Wisetech Global Limited – Supreme Court of Victoria, securities class action

Gawler v Fleetpartners Group Ltd – Supreme Court of Victoria, securities class action

Stallard & anor v Treasury Wine Estates Limited – Supreme Court of Victoria, securities class action

Huang v Star Entertainment Group Ltd – Supreme Court of Victoria, securities class action

• [2023] VSC 561 – multiplicity and group costs order

Lay v Nuix Ltd; Batchelor v Nuix Ltd; Bahtiyar v Nuix Ltd - Supreme Court of Victoria, securities class action, led by Simon Marks KC

• (2022) ACSR 27; [2022] VSC 479 – multiplicity and group costs order

Bogan v Estate of Peter John Smedley – Supreme Court of Victoria, securities class action

• [2023] VSC 105 – security for costs

Crawford v ANZ & ors – Supreme Court of Victoria, unfair conduct claim, led by Michael Rush KC

• [2022] FCA 657 – bankrupt lead plaintiff, application for extension of time
• [2021] VSC 573 – group costs order
• [2021] VSC 578 – discovery

McNickle v Huntsman Chemical Company Australia Pty Ltd & ors – Federal Court of Australia, negligence class action concerning Roundup

• [2024] FCA 1353 – settlement approval hearing
• [2024] FCA 807 – trial limited to general causation
• [2023] FCA 1268 – expert opinion evidence
• [2023] FCA 1216 – case management re closing submissions
• [2023] FCA 662 – initial trial common questions
• [2022] FCA 1596 – expert evidence
• [2022] FCA 1596 – admissibility of expert evidence
• [2022] FCA 133 – adjournment of trial
• [2021] FCA 780 – appointment of assessors
• [2021] FCA 370 – expert evidence

Shimshon v MLC Nominees Pty Limited & anor – Supreme Court of Victoria, superannuation class action, led by Nicholas Owens SC and with Dr Shipra Chordia

• [2022] VSCA 18 – costs
• (2021) 402 ALR 724; [2021] VSCA 363 – appeal re preliminary question
• [2020] VSC 640 – determination of preliminary question

Andrianakis v Uber Technologies Inc & ors and Salem v Uber Technologies Inc & ors – Supreme Court of Victoria, conspiracy by unlawful means

• [2024] VSC 733 – settlement approval hearing
• [2024] VSC 436 – unregistered group members
• [2023] VSC 366 – privilege
• [2023] VSC 56 – strike out application
• [2022] VSC 643 – privilege appeal
• [2022] VSC 196 – privilege, including misconduct exception
• [2021] VSC 744 – sample group members
• [2020] VSC 885 – strike out application
• (2020) 61 VR 580; [2020] VSCA 186 – appeal of strike out decision
• [2020] VSC 152 – amendment to group definition
• [2019] VSC 850 – strike out application

Turner v Bayer Australia Ltd & ors, product liability class action, led by Fiona Forsyth KC

• [2021] VSC 241 – approval of discontinuance and withdrawal of part of the proceeding

ACN 117 641 004 Pty Ltd v S&P Global Inc – Federal Court of Australia, acted for the second applicant in a dispute concerning whether the proceeding ought to be stayed

Sister Marie Brigid Arthur (Litigation Representative) v Northern Territory of Australia, settled, administrative law class action, led by Dan Star KC

• [2020] FCA 215 – settlement approval application
• [2019] FCA 859 – dispensation with notice requirements

Court v Spotless Group Holdings Limited – Federal Court of Australia, settled, securities class action, led by Peter Collinson KC

• [2020] FCA 1730 – settlement approval application

Fernbrook (Aust) Investments Pty Ltd v AMP Limited – Federal Court of Australia, securities class action, led by Richard Attiwill QC (now the Honourable Justice Attiwill)

Fletcher v Lendlease Corporation Limited & anor – Supreme Court of New South Wales, securities class action

Caason Investments Pty Ltd v Simon Xiao Fan Cao – Federal Court of Australia, acted for applicant in dispute with funder

Bywater v Appco Group Australia Pty Ltd – Federal Court of Australia, settled, employment class action, led by Kristine Hanscombe KC

Money Max Int Pty Limited v QBE Insurance Group Limited – Federal Court of Australia, settled, securities class action, led by Bernie Quinn KC

• [2018] FCA 2101 – costs
• (2018) 358 ALR 382 – settlement approval application

Manus Island Class Action – Kamasaee v Commonwealth & ors

• [2018] VSC 138 – settlement distribution scheme
• [2017] VSC 537 – settlement approval application, led by Fiona Forsyth (now KC)
• [2017] VSCA 121 – scope of issues to be determined in class action trial, led by David Curtain KC and Fiona Forsyth
• Ruling No 9 [2017] VSC 171 – live streaming of evidence to group members, led by David Curtain KC
• Ruling No 8 [2017] VSC 167 – class closure in a group proceeding, led by David Curtain KC and Fiona Forsyth
• Ruling No 7 [2016] VSC 770 – public interest immunity: foreign relations and Australian Red Cross documents
• Ruling No 6 [2016] VSC 605 – public interest immunity: foreign relations and International Committee of the Red Cross documents
• Ruling No 5 [2016] VSC 595 – public interest immunity: cabinet documents, led by Bret Walker SC
• Ruling No 4 [2016] VSC 492 – public interest immunity; sample foreign relations claims, led by Bret Walker SC
• Ruling No 3 [2016] VSC 438 – public interest immunity; cross examination in relation to cabinet documents, led by Bret Walker SC
• Ruling No 2 [2016] VSC 404 – client legal privilege

Murrindindi Black Saturday Bushfire Class Action – Rowe v AusNet Electricity Services Pty Ltd & ors

• [2015] VSC 232 – settlement approval application, led by Fiona McLeod SC & Richard Attiwill KC
• [2014] VSC 553 – expert conclaves
• [2014] VSC 474 – appeal, client legal privilege, led by Fiona Forsyth

Kilmore Black Saturday Bushfire Class Action – Matthews v AusNet Electricity Services Pty Ltd & ors

• [2014] VSC 663 – settlement approval application, led by Robert Richter KC and Lachlan Armstrong (now KC)
• Ruling No 32 [2013] VSC 630 – role of assessors, led by Andrew Keogh SC (now the Honourable Justice Keogh)
• Ruling No 31 [2013] VSC 575 – application made pursuant to s 138 of the Evidence Act 2008 (Vic) to exclude evidence obtained improperly, led by Andrew Keogh SC
• Ruling No 19 [2013] VSC 180 – appointment of assessors, led by Andrew Keogh SC
• Ruling No 10 [2012] VSC 379 – expert conclaves, led by Tim Tobin SC and Lachlan Armstrong
• Ruling No 9 [2012] VSC 340 – expert evidence, led by Tim Tobin SC and Lachlan Armstrong
• Ruling No 6 [2013] VSC 422 – client legal privilege, led by Andrew Keogh SC
• Ruling No 3 [2013] VSC 116 – obligations under the Civil Procedure Act 2010 (Vic) and client legal privilege, led by Andrew Keogh SC
• Ruling No 1 [2011] VSC 167 – application to regularise the proceeding when issued without authority of the representative Plaintiff, led by Robert Richter KC and Michael Lee (now the Honourable Justice Lee)

Earglow Pty Ltd v Sigma Pharmaceuticals Ltd – Federal Court of Australia, securities class action (settled), led by Julian Burnside KC and Lachlan Armstrong

Commercial and Consumer Law

Alcoa of Australia Limited & ors v AusNet Transmission Group Pty Ltd & anor – Supreme Court of Victoria

Gold Coast Marine Aquaculture Pty Ltd v Aqua Star Pty Ltd & ors – Federal Court of Australia, led by David Collins KC

Riley v Riley – Supreme Court of Victoria, settled, partnership dispute

Cargill Australia Ltd v Viterra Malt Pty Ltd – Supreme Court of Victoria, sale of business, led by Richard Attiwill KC; Court of Appeal [2023] VSCA 304 – application for leave to appeal indemnity costs order

Riviera Farms Pty Ltd v Accensi Pty Ltd – Supreme Court of Victoria, settled, contaminated herbicides, led by David Collins KC

IOOF Holdings Limited v Maurice Blackburn Pty Limited – Supreme Court of Victoria, settled, confidentiality in whistleblower documents, led by Richard Attiwill KC and Fiona Forsyth

Other

Chief Commissioner of Police v Paterson [2023] VSC 172 – firearm prohibition

Inquiries

Hazelwood Mine Fire Inquiry 2015 – Investigation into increased incidence of deaths (report available at http://hazelwoodinquiry.vic.gov.au/201516-report/volume-ii-investigations-into-2009-2014-deaths)

Own Motion Inquiry of the Office of the Racing Integrity Commissioner – Investigation into Laming, Potgieter and Zeyaur Rahman (public summary of the report available at https://racingintegrity.vic.gov.au/__data/assets/pdf_file/0018/164151/Public-Summary-Report-Own-Motion-June-2021.pdf)

Liability limited by a scheme approved under Professional Standards legislation.