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Experience

Owen has a broad commercial practice with a focus on complex disputes primarily encompassing issues of contract and misleading or deceptive conduct, as well as proceedings in respect of superannuation, commercial leasing and professional misconduct. Experience includes injunctive relief, mediation, trials and appeal proceedings in Victoria and the Federal Court. Owen also regularly advises on commercial issues and manages interlocutory proceedings.

Matters that Owen has been briefed on since coming to the bar include:

Whirlpool (Australia) Pty Ltd v Castel Electronics Pty Ltd, for Castel (with Andrew Bailey, led by Leslie Glick KC) (settled)

FSS Trustee Corporation v Eastaugh [2016] VSC 636, for Alfred Health (with Hamish Austin)

Cargill Australia Limited v Viterra Malt Pty Ltd [2022] VSC 13, for Viterra and Glencore (led by Allan Myers AC KC, Suresh Senathirajah KC and Stephen Parmenter KC) (judgment delivered January 2022 after a trial of 113 days)

Marton v Australian Taekwondo including in the Court of Arbitration for Sport 2021/A/7945 (led by Paul Hayes KC)

Tansley v Royal Australasian College of Surgeons, for Mr Tansley MD FRCS (with Stephen Moloney, led by Allan Myers AC KC) (settled)

Jieyun International Investments Pty Ltd v Toorak Development Group Pty Ltd [2022] VSC 387, for Jieyun (led by Paul Hayes KC)

Teico Investments Pty Ltd v WA Blue Gum Limited, for Teico (led by Peter Cawthorn KC) (settled)

Davis v Department of Health [2022] VCAT 718, for the Honourable David Davis (unled)

Scheme of arrangement for Security Matters Limited. Hearings included (No 3) [2023] FCA 140, for Security Matters (led by Carl Moller SC, with Monique Hardinge)

Nottingham v Australian Financial Complaints Authority [2023] FCA 58, for Australian Super (unled)

Tratter v Aware Super [2023] FCA 491, and on appeal Tratter v Aware Super [2023] FCAFC 36, for Aware Super (unled)

Merkon Constructions Pty Ltd v Residence Company Pty Ltd & another, for Merkon (led by Michael Galvin KC) (ongoing)

In the Cargill Australia matter, in addition to appearing at trial and on appeal Owen was also closely involved with numerous interlocutory matters including:

• (No 1) [2017] VSC 126 – Waiver of privilege, independence of lawyer, fraud exception
• (No 2) [2017] VSC 283 – Anti-suit injunction restraining compulsory discovery procedure in the USA
• (No 3) [2017] VSC 650 – Waiver of privilege, apportionment of costs
• (No 4) [2017] VSC 797 – Discovery (evidence in support and correspondence only)
• (No 5) [2017] VSC 798 – Application to undertake compulsory discovery procedure in the USA (evidence in support and written submissions only)
• (No 10) [2018] VSC 439 – Amendment of pleading during trial
• (No 11) [2018] VSC 453 – Waiver of privilege by reviving memory
• (No 12) [2018] VSC 454 – Order of evidence at trial
• (No 18) [2018] VSC 772 – Amendment of pleading during trial
• (No 19) [2018] VSC 798 – Notices to produce
• (No 22) [2019] VSC 351 – Amendment of pleading during trial
• (No 24) [2019] VSC 438 – Application by plaintiff to adduce further evidence
• (No 25) [2020] VSC 172 – Application by defendants to adduce further evidence
• (No 26) [2021] VSC 242 – Application by non-party seeking extension of confidentiality orders
• (No 27) [2021] VSC 321 – Modification of confidentiality regime between parties

Plus hearings as to final orders and appeal rulings in the Cargill Australia matter:

• (No 30) [2022] VSC 80 – Interest on judgment
• (No 31) [2022] VSC 164 – Declaratory relief, nominal damage, costs
• (No 32) [2022] VSC 299 – Costs, including whether on gross costs basis, and on indemnity basis
• [2023] VSCA 157 – Substantive appeal
• [2023] VSCA 301 – Costs appeal, indemnity costs following offer of compromise
• [2023] VSCA 304 – Costs appeal, indemnity costs for other conduct

Prior to coming to the bar, Owen was a solicitor with Herbert Smith Freehills where he acted for companies across banking, investment, mining, electricity, and retail. Owen is experienced in advising companies who are defending complex claims brought in contract, negligence, or breach of statutory obligations. Owen also worked on a number of class actions, acting for large listed companies in shareholder claims, as well as for the electricity distributor in the Victorian bushfires claims.

In 2013, Owen joined the Office of Crown Counsel in the Victorian Government where he advised the Attorney-General and the Department of Justice on policy implementation, policy development, human rights compatibility, and other general legal matters.

Owen’s academic achievements include first-class honours in law from Monash University, where he won the subject prize for Restrictive Trade Practices.

Owen read with Stephen Parmenter KC, and his senior mentor is Philip Solomon KC.

From 30 Oct 2015, liability limited by a scheme approved under Professional Standards legislation.