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Andrew Meagher

Bar roll 2008 Admitted 2007
  • Commercial Law Intellectual Property
  • Tort Law Public Law
  • Employment & Industrial
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Andrew Meagher appears in commercial trials, primarily in Victoria and New South Wales

Andrew’s commercial practice includes corporations, equity, trusts, contracts, restitution, competition and consumer law, planning, private international law, product liability, insolvency, banking, fraud, commercial arbitration and torts. 

Andrew advises and appears in the Federal Court, the Supreme Court of Victoria and the County Court.  In New South Wales Andrew appears in the Federal Court and the Supreme Court.  He also appears in administrative hearings before State and Commonwealth regulators and tribunals. 

Before joining the Victorian Bar, Andrew practised as a solicitor at Allens Arthur Robinson (now Allens Linklaters).

Liability limited by a scheme approved under the Professional Standards Legislation

Expertise

Commercial Law
  • Appellate
  • Banking & Finance
  • Bankruptcy
  • Class Actions
  • Commercial Arbitration
  • Competition
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Equity & Trusts
  • Private International Law
  • Real Property
  • Building & Construction
Intellectual Property
  • Confidential Information
Tort Law
  • Appellate
  • Class Actions
  • Common Law
  • Major Torts
  • Negligence
  • Professional Negligence
Public Law
  • Commissions & Inquiries
  • White Collar Crime
Employment & Industrial
  • Restraint of Trade

Qualifications

Qualifications

Bachelor of Laws

Bachelor of Arts

Admitted

Victoria

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Western Australia

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Contract, Equity and Trusts

Supreme Court of Victoria: currently appearing in Bridge Bar Investments Pty Ltd (ACN 154 906 377) & Anor. v Dog At The Bridge Pty Ltd (ACN 161 759 959) & Ors SCI 2014 04877 concerning liability pursuant to joint ventures and trusts; Quatius Australia Pty Ltd v Transtar International Freight (Aust) Pty Ltd SCI 2014 1562concerning breaches of contractual obligations, bailment, misleading & deceptive and unconscionable conduct claims; B J Bearings Pty Ltd (ACN 154 303 152) v William Robert Whitehead & Ors S ECI 2016 000077 regarding restraint of trade claims. 

Recently appeared in Cummins South Pacific Pty Ltd v Deliver Australia Pty Ltd SCI 2014 3922; and Melbourne Plasterboard Pty Limited v Prostruct Construction Pty Limited (In Liquidation) SCI-2013/06117 on a question of trusts.

Supreme Court of NSW: currently appearing in Best & Less Travel Pty Ltd (ACN 070 559 456) v Aaren Pty Ltd (ACN 164 339 717) & Jhanjaria Pty Ltd (ACN 163 568 956) 2015/00314225 regarding restraint of trade claims.  

County Court: appeared in Connolly Environmental Pty Ltd (ACN 151 466 705) v Foscari Holdings Pty Ltd (ACN 158 438 578) CI 14 04049;Stanley & Anor v Hatton; Procal Dairies Pty Ltd v Kahve & Antoinette Mowad; in Australian Tobacco Café Pty Ltd v Keze Rado Pty Ltd; and in Twenty Seventh Yeneb Pty Ltd v Mt Rommel Mining Limited.

Competition and Consumer Law

Supreme Court: advised and appeared in Pentarch Holdings Pty Ltd v MTX Australia Pty Ltd (led by J. Wilson Q.C. for the plaintiff); appeared in A1 Fabrics Pty Ltd v Zlatica Alison & Ors.

Recently advised Reece Australia Ltd in relation to Competition and Consumer Act 2010 (Cth) regarding a obligations and liabilities. 

Corporations and Securities

Federal Court: appeared in Rich Returns Pty Ltd v Prompt Tax Returns (Vic) Pty Ltd; and in proceedings related to Profile Marketing Pty Ltd.

Supreme Court: appeared in Gippsland Waste Services Pty Ltd; advised and appeared in Green Diesel Corp Ltd SCI 2012-7000 in relation to ASIC investigations and proposed managed investment schemes.

Insolvency

Federal Court: appeared in contested winding up applications ofEletterbox Pty Ltd; in Commonwealth Bank of Australia v NAP Group Pty Ltd; in Jacaranda Cooperative Housing Society Limited v Poljakovic; and in New South Wales, in the contested winding up ofOceltip Group Affairs Pty Ltd v Eastwood (Aust) Pty Ltd 2013/59883.

Supreme Court: conducted examinations of directors, acting on behalf of the liquidator, in David Anthony Ross in his capacity as liquidator of B3bond Pty Ltd (In Liquidation) v Michael Gavan Bennett & Anor SCI 2013 06622; appeared in SY Financial Services Pty Ltd v Risk Business Pty Ltd Pty Ltd SCI 2014 2213 in contested winding up proceedings on behalf of a creditor; In the matter of Golden Heritage Golf Pty Ltd (in liq.)(receivers and managers appointed) SCI 2014 02828 advising a director defendant; and In the matter of Marfrank Investments Pty Ltd (in liq.) SCI 2013 4791.

Major Fraud

Supreme Court: appeared in Main-Road Property Group Pty Ltd v Pelligra and Sons Pty Ltd (No 4) [2010] VSC 27 (led by D. Meagher Q.C.) on behalf of investors successfully obtaining relief against promoters of a fraudulent scheme.

​Planning

Supreme Court: Appeared in Beachley Street Pty Ltd (ACN 104 812 231) v Commonwealth of Australia & Anor SCI 2014 2014 03294 led by J Gleeson Q.C. concerning claims relating to contamination of land.

Private International Law

Supreme Court: currently appearing in Weimin Yan & Anor. v Heng Zhang & Third Parties SCI 2015 03944, concerning liability pursuant to, and the enforcement in Victoria of, contracts entered into in China between Chinese corporations and individuals.

Product Liability & insurance

Advised and appeared for GIO Australia Pty Ltd in relation to various claims in negligence in the Supreme Court of Victoria and the County Court of Victoria. For example, Bradley John Lorey & Anor v Braemar Industries Pty Ltd No CI 13 00413 led by A. Kelly Q.C. Recently acted for the insurer in Alan Richard Orchard & Rebecca Michelle Orchard v Brivis Climate Systems.

Recently acted for the insurer in the Supreme Court of Tasmania inClayton Roy Speers and Natasha Anne Speers v Electrolux Home Products Pty Ltd (ACN 004 762 341).

Restitution

Supreme Court: appeared in Cossari Smith Pty Ltd v P Value Pty Ltd & Ors [2013] VSC 397 concerning a total failure of consideration and the principle in Lumbers v W Cook Builders Pty Ltd (in liq) (2008) 232 CLR 635 (unled for the plaintiff).

Torts

Supreme Court: currently appearing in relation to claims of inducing breach of contract in B J Bearings Pty Ltd (ACN 154 303 152) v William Robert Whitehead & Ors S ECI 2016 000077. Recently advised and appeared for GIO Australia Pty Ltd in relation to various claims in negligence in the Supreme Court of Victoria and the County Court of Victoria. For example, Bradley John Lorey & Anor v Braemar Industries Pty Ltd No CI 13 00413, led by A. Kelly Q.C.

Regulatory and Administrative

Advised and appeared in the 18 month inquiry by Transport Safety Victoria into El Zorro Transport Pty Ltd before the Department of Transport (for the respondent).

Advised and appeared in Victorian Commission for Gambling Regulation v Eskander’s Betstar Pty Ltd (unled for the respondent), and for Tabcorp and its subsidiary Luxbet Pty Ltd in proceedings brought by the Victorian Commission for Gambling Regulation.

Advised Fourth One Pty Ltd t/as Adore Beauty Pty Ltd on pharmaceutical regulatory schemes throughout Australia including in relation to Therapeutic Goods Australia. 

High Court

High Court of Australia: advised but did not appear for the second respondent in Stuart v Kirkland –Veenstra (2009) 237 CLR 215 (led by M. Wheelahan Q.C.).

Applications

Court of Appeal (VIC): appeared in an application for indemnity costs in the in Sibonna Nominees Pty Ltd v Evangelos Vouza & Anor S APCI 2011 0110.

Supreme Court: appeared in injunction applications in Quatius Australia Pty Ltd v Transtar International Freight (Aust) Pty Ltd SCI 2014 1562; and in Cummins South Pacific Pty Ltd v Deliver Australia Pty Ltd SCI 2014 3922.

Appeared in the Supreme Court in Weimin Yan & Anor. v Heng Zhang & Third Parties SCI 2015 03944 (obtaining various freezing orders by application against the defendant and third parties).

Appeared in Main Road Property Group Pty Ltd & Ors v Pelligra & Sons Pty Ltd & Ors [2010] VSC 5 (application for joinder in relation to an apportionable claim).

Memberships

Victorian Bar - Commercial Bar Association