Frances Gordon

Qualifications:
Bachelor of Laws (Hons)
Bachelor of Arts (Melbourne)
Bachelor of Civil Law (Oxford)
Chambers:
Level 6 Room 9
Joan Rosanove Chambers
550 Lonsdale Street Melbourne
Telephone:
03 9225 6809
Facsimile:
03 9225 8668
Signed Bar Roll:
2007
Admitted in Victoria:
2002
E-Mail:
francesgordon@vicbar.com.au
Languages:
French

Practice Profile

Frances Gordon has a broad commercial and public law practice, and has appeared in a range of courts and tribunals, including the High Court, the Federal Court, and the Victorian and New South Wales Supreme Courts.

Frances’s commercial law experience includes matters involving contract, equity and trusts, corporations, superannuation, energy and resources, and competition and consumer law.

Frances’s public law experience includes matters involving constitutional law, administrative law and the Victorian Charter of Human Rights and Responsibilities.

Before joining the Bar, Frances was a Senior Associate in the Litigation Department at Allens Arthur Robinson and, before that, an associate to Justice Kenneth Hayne AC in the High Court of Australia.

Commercial Law

Ann Street Mezzanine Pty Ltd (in liq) v KPMG (a firm) – Supreme Court of Victoria – Acted for defendant in claim for breach of contract and negligence (led by Alan Archibald QC, with Mark Moshinsky SC and Philip Solomon SC).

ExxonMobil Superannuation Plan Pty Ltd v Esso Australia Pty Ltd – Supreme Court of Victoria – Acted for employer sponsor in claim for rectification of a superannuation trust deed (led by Neil Young QC, with Melanie Sloss SC, Mark Moshinsky SC and Tom Clarke).

Biota Scientific Management v Glaxo Group Ltd (settled in July 2008) – Supreme Court of Victoria – Acting for plaintiff in claim for breach of contract (led by John Sackar QC, with Stewart Anderson SC and others).

Re Dyno Nobel Limited [2008] VSC 154: Acted for the plaintiff in the Supreme Court of Victoria in relation to a scheme of arrangement to effect a takeover (led by Joseph Santamaria QC).

Basis Capital Funds Management Ltd v BT Portfolio Services Ltd [2008] NSWSC 766: Acted in the Supreme Court of New South Wales on behalf of a unit-holder in a managed investment scheme regarding the construction of the scheme's constitution (led by Mark Moshinsky SC).

Public Law

Constitutional Law

John Holland Pty Ltd v Victorian Workcover Authority (2009) 239 CLR 518: Acted on behalf of the respondent in the High Court of Australia (led by Peter Hanks QC).

Winslow Constructors Pty Ltd v John Holland Rail Pty Ltd: Acted for the Attorney-General of Victoria, intervening, in the Court of Appeal of the Supreme Court of Victoria (led by Pamela Tate SC, Solicitor-General for the State of Victoria).

Attorney-General (Cth) v Alinta Limited (2008) 233 CLR 542: Acted in the High Court of Australia as amici curiae at the request of the Attorney-General of the Commonwealth (led by Peter Hanks QC, with Stephen Donaghue).

Administrative Law, Judicial Review

Truenergy Pty Ltd v Dispute Resolution Panel & Ors [2009] VSC 581: Acted for a defendant to an application for judicial review of a decision made by a Dispute Resolution Panel under the Victorian Gas Industry Market and Systems Operations Rules (led by Philip Crutchfield SC).

Hinch v County Court of Victoria [2009] VSC 548: Acted for the Secretary to the Department of Justice in a judicial review proceeding (led by Peter Hanks QC).

Blue Wedges Inc v Minister for the Environment, Heritage and the Arts (2008) 165 FCR 211: Acted for the respondent in a judicial review proceeding in the Federal Court of Australia (led by Peter Hanks QC).

The Investors for the Future of Tasmania Inc v Minister for the Environment and Water Resources [2007] FCA 1179: Acted for the applicant in a judicial review proceeding in the Federal Court of Australia (led by Kristine Hanscombe SC).

Other

Acting as Counsel Assisting the Victorian Gambling and Lotteries Licence Review Panel chaired by Ron Merkel QC (2007 to 2010). The Panel was established in 2007 by the Victorian Government pursuant to the Gambling Regulation Act 2003 (Vic), to report on the probity of processes related to the awarding of gambling and lottery licences.

Police Federation of Australia v Nixon [2010] FCA 315: Acted for the Applicants in the Federal Court of Australia in relation to an application regarding discovery and the Whistleblowers Protection Act 2001 (Vic) (led by Herman Borenstein SC).

"XYZ" v Victoria Police [2010] VCAT 255: Acted in the Victorian Civil and Administrative Tribunal for the Attorney-General of Victoria, intervening, regarding issues arising under the Victorian Charter of Human Rights (led by Pamela Tate SC).

State of Victoria v Turner [2009] VSC 66: Acted in the Victorian Supreme Court for the respondent to an appeal on questions of law from a decision of the Victorian Civil and Administrative Tribunal (led by Debbie Mortimer SC).

R v General Television Corporation Pty Ltd [2009] VSC 84: Acted for the State of Victoria in a proceeding for punishment of contempt (led by Christopher Caleo SC).

Lee v Director of Public Prosecutions (Cth) (No 2) [2009] NSWSC 174: Acted for the Applicant in a Supreme Court of New South Wales matter arising under the Proceeds of Crime Act (Cth) (led by John Sackar QC).

Turner v State of Victoria [2008] VCAT 161: Acted for the complainant in a discrimination law matter before the Victorian Civil and Administrative Tribunal (led by Debbie Mortimer SC).

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