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Matthew Harvey QC

Bar roll 1996 Silk 2019
  • Commercial Law Employment & Industrial
  • Public Law
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Matthew is a leading commercial barrister with a wide practice in international and domestic commercial law.

Since 1996, he has developed a wide and varied commercial practice, both in trial and appellate work.  He has expertise in international transport and trade law, corporate insolvency and general corporations law, insurance, trusts and equity, and international and domestic arbitration.

Matthew is recognised in Best Lawyers for Litigation, Insolvency and Reorganisation Law, Shipping and Maritime Law, and Transportation Law; in Doyle’s Guide for his expertise in Transport Law; in Chambers & Partners for Shipping Law; and in Who’s Who Legal for Maritime Law.

The leading legal directories describe him as "excellent at getting to the heart of a complex matter and determining the key issues that will decide the case", "extremely good on his feet in court" and "confident and convincing when presenting an argument".  His "experience acting in major commercial disputes" is well recognised as is the fact that "instructing solicitors race to get him briefed on big cases".

He appears regularly in the Supreme Court, Federal Court, Court of Appeal and in international and domestic arbitrations.  He has appeared in the High Court of Australia and the Supreme Courts of various States.

He has conducted a number of domestic and international arbitrations, delivering numerous awards.

Liability limited by a scheme approved by Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Owen Dixon Chambers West
Level 15 Room 12

525 Lonsdale Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Admiralty & Maritime
  • Appellate
  • Aviation
  • Banking & Finance
  • Bankruptcy
  • Building & Construction
  • Commercial Arbitration
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Equity & Trusts
  • Insurance
  • Private International Law
Employment & Industrial
  • Confidential Information
  • Restraint of Trade
Public Law
  • Commissions & Inquiries
  • Constitutional Law
  • Customs Law

Qualifications

Qualifications

Bachelor of Arts (Hons)

Bachelor of Laws

Master of Laws

Professional Certificate in Arbitration

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Admiralty and Maritime

Manassen Foods Australia Pty Ltd v Seaway Logistics Pty Ltd [2020] VSC 835: briefed for importer in a claim for damage to cargo;

Williams v TT-Line Company Pty Ltd [2019] VSC 55: briefed to oppose application to cross-vest proceeding to Supreme Court of Tasmania;

Toll Holdings Ltd v Stewart (2016) 338 ALR 602: briefed for the carrier in a dispute over ownership of goods and stoppage in transitu;

Geraldton Port Authority v The Ship “Kim Heng 1888” (2012) 291 ALR 471: briefed for the port authority in a dispute over the interpretation of the Admiralty Act 1988.

Corporate Insolvency and Commercial

Re Mamounia Pty Ltd (in liquidation) (No. 3) [2018] VSC 65: briefed for liquidators seeking the Court’s advice whether funds held in solicitor’s trust account were subject to a lien and should be applied to payment of legal fees;

Equal 54 Pty Ltd v Galimberti [2016] VSC 588: briefed for the plaintiff in a claim in professional negligence against a solicitor;

Cato Brand Partners Pty Ltd v Air India Ltd [2016] VSC 28: briefed for the respondent in an application to wind up a foreign corporation, under Part 5.7 of the Corporations Act;

Babcock & Brown DIF III Global v Babcock & Brown International Pty Ltd & Ors [2015] VSC 453: briefed for a law firm in an application to enjoin it from acting for the plaintiffs.

Trusts and Equity

Kelsall v Evans [2016] VSC 724: briefed for the executors in a dispute as to testamentary capacity and an informal codicil;

Daunt v Daunt [2015] VSCA 58: briefed for the appellant in proceeding involving constructive trust and fiduciary duties;

In Re Timbercorp Securities Pty Ltd [2012] VSC 590: briefed for the trustees seeking the Court’s approval to enter into a compromise in complex and protracted insolvency proceedings.

Court Proceedings as to Arbitration

Degroma Trading Inc v Viva Energy Australia Pty Ltd [2019] FCA 649: application to stay proceeding under s 7 of the International Arbitration Act 1974;

Emerald Grain Australia Pty Ltd v Agrocorp International Pte Ltd (2014) 314 ALR 299: application to set aside award on the basis that natural justice had been denied.

Commercial Arbitrations

The breakdown of a ship loader which led to claims for damages (including lost profits and demurrage) and reliance on force majeure provisions in a services contract.

Disputes arising out of the winding up of a commercial partnership.

Disputes arising out of a contract for the supply of coal to a power station.

Disputes arising out of contracts for the sale of iron ore and related contracts of affreightment.

A contract for the provision of international shipping services which led to claims for payment for those services.

Appointments as Arbitrator

Dispute between a lender and a borrower arising out of a finance agreement for the acquisition of livestock.

Dispute between shipowners and charterers arising out of the grounding of two vessels in foreign waters.

Dispute between partners arising out of the operation and dissolution of a commercial partnership, involving real property interests, contract, and intellectual property.

Dispute between an employer and employee arising out of termination and a restraint of trade clause.

Dispute arising out of a stevedoring agreement.

Publications

04 June 2021

Arresting a ‘ship’: Boats, bunkers and barometer (2012) 86 Australian Law Journal 189.

12 May 2021

Salvors’ Rights to Treasure under Australian Law: MLAANZ webinar – 12 May 2021.

11 March 2021

Corporations Law Annual Review: with John Heard of counsel, Leo Cussen Centre for Law, 11 March 2021.

24 November 2020

Frustration and Force Majeure in a Time of Covid: Victorian Bar CLE Programme, 24 November 2020.

23 September 2020

Does a Defective Passenger Plan Render a Ship Unseaworthy?: MLAANZ webinar – 23 September 2020.

16 September 2020

Is an Arbitration Clause in a Draft Bill of Lading Effective? MLAANZ Webinar, 16 September 2020.

31 July 2020

Meetings of Creditors and Execution of Company Documents during COVID-19: with John Heard, Leo Cussen Centre for Law, 31 July 2020.

27 February 2020

Homing in on Good Grounds of Appeal: with Dr Kylie Weston-Scheuber of counsel, Victorian Bar CLE Programme, 27 February 2020.

20 February 2019

Corporate Insolvency: Updates and Developments 2018: Leo Cussen Centre for Law, 20 February 2019.

12 October 2018

Package Limitations under the Hague Visby Rules: Is El Greco wrong: MLAANZ 45th International Conference, Katoomba, 12 October 2018.

12 September 2018

The Anti-arbitration Injunction: Thinking the Unthinkable? AMTAC Seminar, HFW Lawyers, Melbourne, 2018

05 October 2017

Current Issues in Admiralty Law in Australi: MLAANZ 44th International Conference: Melbourne, 5 October 2017.

31 August 2017

Insolvency Law Reform Act 2016 – The Second Tranche of Amendments: Leo Cussen Centre for Law, 31 August 2017.

16 March 2016

Is a Claim In Rem a Secured Claim: Federal Court, Maritime and Admiralty Law Seminar, Melbourne, 16 March 2016.

Memberships

Maritime Law Association of Australia & New Zealand

Chartered Institute of Arbitrators

Singapore Chamber of Maritime Arbitration

Titulary Member of the Commité Maritime International

Commercial Bar Association

Law Programs Advisory Board, RMIT University