List G Dfah 3850

Dion Fahey

Bar roll 2013 Admitted 2007
  • Commercial Law Tort Law
  • Public Law
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Dion Fahey has a broad commercial law practice with particular expertise in corporations and securities and class actions

Given Dion’s accounting background, he has particular proficiency in accounting and financial matters. Dion also has significant expertise in trade practices, tort, equity, and restitution. 

Dion has appeared in the High Court of Australia, the Victorian Court of Appeal, Federal Court of Australia, and Supreme Court of Victoria, in a range of commercial and corporate matters. These matters include class actions (including securities and tort), misleading or deceptive conduct claims, professional negligence claims, prevention of a reverse takeover, injunction applications, freezing order applications, oppression claims, breaches of fiduciary duty claims, and contract and trust claims. Dion has experience, among other things, examining, cross-examining and re-examining witnesses in superior courts. 

Prior to joining the Bar, Dion was a Senior Associate in the Litigation and Dispute Resolution Group at Herbert Smith Freehills. While at the firm, Dion worked exclusively in litigation and dispute resolution and was involved in many large scale and high-profile disputes including class actions, international litigation and international arbitration.

Please see below for Dion’s recent cases. 

Liability limited by a scheme approved under the Professional Standards Legislation

Expertise

Commercial Law
  • Appellate
  • Banking & Finance
  • Class Actions
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Energy & Resources
  • Equity & Trusts
  • Private International Law
Tort Law
  • Appellate
  • Class Actions
  • Major Torts
  • Negligence
  • Product Liability
  • Professional Negligence
Public Law
  • White Collar Crime

Qualifications

Qualifications

Master of Laws (Melb)

Bachelor of Laws (Hons)(Melb)

Bachelor of Commerce (Accounting)(Melb)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Class Actions

Hall v Slater & Gordon Ltd (Slater & Gordon Class Action) - acting for applicants in shareholder class action in the Federal Court of Australia (VIC) alleging continuous disclosure breaches and misleading or deceptive conduct by Slater & Gordon (with John Sheahan QC and W A D Edwards, instructed by Maurice Blackburn Lawyers).

Blairgowrie Trading Pty Ltd v Allco Finance Group Ltd (No 3) [2017] FCA 330 (Allco Class Action) - acted for applicants in shareholder class action in the Federal Court of Australia (NSW) alleging continuous disclosure breaches by Allco and misleading or deceptive conduct by Allco and KPMG (auditor); first decision where a commission rate was set for a common fund order (with M B J Lee SC and W A D Edwards, instructed by Maurice Blackburn Lawyers).  

Basil v Bellamy’s Australia Limited (Bellamy’s Class Action) - acting for the applicant in a shareholder class action in the Federal Court of Australia (VIC) alleging continuous disclosure breaches and misleading or deceptive conduct by Bellamy’s (with W A D Edwards, instructed by Maurice Blackburn Lawyers).

Timbercorp Finance Pty Ltd (In Liq) v Collins [2016] HCA 44 - appeared for the successful defendants in the High Court of Australia, Court of Appeal, and Supreme Court of Victoria on the question of whether class members who do not opt out of a class action are precluded from running individual claims in subsequent proceedings (with Michael D Wyles QC).

Perfection Fresh Australia Pty Ltd & Ors v Melbourne Market Authority - (Melbourne Markets Class Action) - acted for the defendant in statutory unconscionability claims commenced in the Supreme Court of Victoria by the store holders at the Melbourne Markets. Proceeding settled 1 month into the trial (with John H Karkar QC and Michael D Wyles QC, instructed by Herbert Smith Freehills).

Rowe v AusNet Electricity Services Pty Ltd & Ors (Murrindindi Bushfire Class Action) - acted for the First Defendant in its cross-claims against State entities based on negligence and breach of statutory duty (with Bernie Quinn QC and Jonathan Kirkwood, instructed by Herbert Smith Freehills).

Claims Funding Australia Pty Ltd (Litigation funding test case) -  appeared with Peter Jopling QC as Amici Curiae in an application by a litigation funder to finance a class action in the Federal Court (NSW) (Clasul Pty Ltd & Ors v Commonwealth of Australia).

While a Senior Associate at Herbert Smith Freehills, Dion acted for the defendant in Matthews v SPI Electricity Pty Ltd (Black Saturday Kilmore Bushfire Class Action).

Commercial matters

Timbercorp Finance Pty Ltd (In Liq) v Collins & Ors [2016] VSC 776 - appeared for the defendants in a month-long trial in the Supreme Court of Victoria concerning the recovery of loans in the context of managed investment schemes (with Michael D Wyles QC).

Bill Express Ltd (In Liq) v Pitcher Partners & Ors - acted for the plaintiff, a public company in liquidation, in its claims against its former auditors in the Supreme Court of Victoria alleging misleading or deceptive conduct and professional negligence (with M B J Lee SC and W A D Edwards, instructed by Johnson Winter & Slattery).

Oswal v Carson & Ors (Oswal / ANZ litigation) - acted for the tenth and eleventh defendants in the Supreme Court of Victoria (with Timothy J Walker QC, instructed by Maddocks).

Nguyen v Phan (No 2) [2015] VSC 634 - appeared for the defendants in a 3-month trial in the Supreme Court concerning claims of breaches of fiduciary duties, the existence of trusts, and counterclaims against the plaintiffs seeking the imposition of constructive trusts, declaratory and injunctive relief, and other relief under the Corporations Act 2001 (Cth) (with Michael D Wyles QC and Tim McEvoy, instructed by Arnold Bloch Leibler).

Asahi Holdings (Australia) Pty Ltd & Anor v Pacific Equity Partners Pty Ltd & Ors - acted for Pacific Equity Partners in its defence of a claim brought by Asahi in the Federal Court alleging misleading or deceptive conduct in the $NZ1.5 billion sale of a business to Asahi and involved complex accounting and financial issues (with Philip D Crutchfield QC and Catherine Button, instructed by Arnold Bloch Leibler).

Lend Lease Services Pty Ltd v Sugar Australia Pty Ltd - acted for Lend Lease Services concerning breach of contract claims, and an injunction application, arising out of the construction of a sugar refinery. (Led by Peter Jopling QC, instructed by King & Wood Mallesons).

In the matter of Discovery Africa Limited - in an application to the Federal Court under the Corporations Act 2001 (Cth) seeking injunctive and declaratory relief to prevent a reverse takeover. This application was preceded by the successful opposition to an urgent application to the Takeovers Panel that sought to prevent a renounceable rights issue and alleged breaches of the ASX Listing Rules.

In the matter of Top Kat Fruits Pty Ltd - acted for the Defendant in an oppression claim under the Corporations Act 2001 (Cth) in the Supreme Court of Victoria. (Led by Tom Di Lallo).

Memberships

Victorian Bar - Commercial Bar Association