Peter Willis

Qualifications:: Bachelor of Laws (First Class Hons) - Supreme Court Prize; Bachelor of Arts (Hons)
Chambers:: Level 2 Room 9
Joan Rosanove Chambers
550 Lonsdale Street Melbourne
Telephone:: 03 9225 8446
Mobile Phone:: 0401 142 059
Facsimile:: 03 9225 6633
Signed Bar Roll:: 1999
Admitted in Victoria:: 1982
Also Admitted:: New South Wales, Australian Capital Territory, Western Australia, England and Wales
E-Mail:: pg_willis@vicbar.com.au

Practice Profile

Peter Willis has a broad practice in both commercial and public law, regularly appearing in the Supreme and Federal Courts.

Peter has over 30 years experience as a lawyer and over 10 years experience as a barrister. Prior to coming to the Bar he practised in corporate commercial, banking, finance and resources law as a partner of Mallesons Stephen Jaques, both in Melbourne and London. He has also been Private Secretary and Ministerial Adviser on business law, constitutional law and international trade law to the Federal Attorney-General and has extensive experience as a company director and company secretary.

Peter's previous professional appointments include Rapporteur for the Committee on International Securities Regulation of International Law Association, past Chair of the Law Council International Trade & Business Committee, Chairman of the Victorian Education Department Disciplinary Appeals Board, chairman of an Australian Financial Services Licensee and chairman of a School Council. He is a director of Transparency International Australia.

Memberships

AMPLA (Australian Mining & Petroleum Law Assoc)
American Society of International Law
Australian Institute of Administrative Law
International Bar Association (Sections on Business Law and Energy, Environment & Resources Law)
International Law Association
Law Council of Australia (Business Law and International Law sections)
Victorian Bar Commercial Bar Association
Victorian Bar Human Rights Committee
Victorian Bar Indigenous Lawyers Committee

Commercial Law

Banking and Finance

Smolle v Australia and New Zealand Banking Group Limited [2008] FCA 1065

Commercial Law

ACN 074 971 109 v The National Mutual Life Association of Australasia Limited [2010] VSC 186 - Investment-linked insurance contract - alleged breaches of contract - repudiation - damages

Epworth Foundation v Healthcare Imaging Services (Victoria) Pty Ltd [2009] VSC 293- Contract - Services Agreement - construction - change in control of a party - termination for change in control - election to affirm - unequivocal conduct - delay - prejudice

Newtronics Pty Ltd v Atco Controls Pty Ltd (2008) 69 ACSR 317; (2009) 25 VR 411, (2009) 78 ACSR 375 (CA); [2010] HCA Trans 109 (HCASL) - Contract not to enforce security and provide financial support - Letters of comfort and support - Whether promissory or merely representational - Whether circumstances surrounding the letters were sufficient to create legal obligations; Receiver - Whether valid - Reasonable belief of valid appointment - Whether receiver relieved from liability on basis that conduct was honest and ought fairly be relieved - ss 419(3) and 1318 Corporations Act 2001 (Cth)

We Two Pty Ltd v Shorrock (No 2) (2005) 220 ALR 749 - Trade mark infringement - private international law- foreign judgment in breach of compromise - when party should be ordered to vacate judgment - discretionary factors; compromise of action - accord and satisfaction - enforcement of terms - summary procedure

Corporations and Securities

Kinarra Pty Ltd v On Q Group Ltd (2008) 65 ACSR 438; (2008) 26 ACLC 182 - Corporations Act- Financial assistance for purchase of shares in contravention of s 260A of Corporations Act 2001

Australian Securities & Investments Commission, in the matter of GDK Financial Solutions Pty Ltd v GDK Financial Solutions Pty Ltd [2006] FCA 1415 - Corporations - managed investment schemes - unregistered scheme - winding up - court ordered - effect of "winding up" - procedure for winding up - receiver appointed - powers of receiver - whether powers should be the same as those of a company liquidator.

Paint Horse Association of Australia Ltd v Holobradek [2003] VSC 411- Companies - Directors - Application for interlocutory injunction to restrain defendant from representing herself as being director of plaintiff - Alleged irregularities in calling of meeting at which existing directors were voted out of office and replaced by other directors including defendant.

Trade Practices

Australian Competition & Consumer Commission v BMW Australia Limited [2003] FCA 727; (No. 2) [2003] FCA 864; [2004] FCAFC 167 - Trade Practices - Consumer protection - s61C of the Trade Practices Act 1974 (Cth) - compliance with prescribed product safety standard - wording of warning to be placed on vehicle jacks - whether warning is dangerous - meaning of "words to the same effect.

Trusts

George v Kollias [2007] VSC 46 - Trusts - Trustee Act 1958, s 63A - Discretionary trust - Application for approval of variation arrangement - Consented to by all beneficiaries of full age and capacity - Whether for benefit of minors and persons unborn - Whether to be approved.

Public Law

Native Title

Mullett on behalf of the Gunai/Kurnai People v State of Victoria (No. 2) [2010] FCA 1514; [2010] FCA 1144

Edwards on behalf of the Wamba Wamba, Barapa Barapa, Wadi Wadi People v State of Victoria [2010] FCA 744- Native Title - change of government policy - Victorian Native Title Settlement Framework - concerns about delay

Rose on behalf of the Kurnai Clans v State of Victoria [2010] FCA 460- Native Title - overlapping claims - issue of group composition - whether application as currently defined includes all persons who hold native title

Lovett on behalf of the Gunditjmara People v State of Victoria [2007] FCA 474

Yorta Yorta v Victoria (2002) 214 CLR 422