7 Jg3811

Matthew Peckham

Bar roll 2017 Admitted 2007
  • Commercial Law Tort Law
  • Public Law
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Matthew practises in commercial and public law, particularly in regulatory matters, investigations, and corporations and financial services law.

He has more than 11 years’ experience conducting litigation and regulatory investigations in both Australia and the UK.

Before coming to the Bar, Matthew was a Special Counsel at Maddocks.  He has also practised as a Senior Lawyer at the Australian Securities and Investments Commission, and a lawyer / investigator at the Financial Services Authority (UK).  Matthew has acted in class actions, complex multi-party litigation, major corporate collapses, and numerous regulatory and commercial fraud investigations.  He also practises in white collar crime.

Matthew has written in academic journals and industry publications regarding commercial regulatory issues.  While at Maddocks, he was the lead author of the National Energy Regulation Handbook, which is available as a free download

Matthew is reading with Justin Brereton and his senior mentor is Jonathon Moore QC.

To view Matthew's full CV - please click here.

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Castan Chambers
Level 15 Room 15

460 Lonsdale Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Banking & Finance
  • Bankruptcy
  • Class Actions
  • Competition
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Energy & Resources
  • Equity & Trusts
  • Superannuation
Tort Law
  • Class Actions
  • Commissions & Inquiries
  • Major Torts
  • Negligence
  • Professional Negligence
Public Law
  • Administrative Law
  • Appellate
  • Civil & Human Rights
  • Commissions & Inquiries
  • Constitutional Law
  • Environment
  • Freedom of Information
  • Judicial Review
  • White Collar Crime

Qualifications

Qualifications

Bachelor of Laws (Honours)

Bachelor of Arts

Admitted

Victoria

New South Wales

Queensland

South Australia

Western Australia

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia 

Recent Cases

Significant Experience - since coming to the Bar

Regulatory and public law

  • Acting for the defendant in the first ever civil penalty proceeding brought by ASIC under the Future of Financial Advice laws (Federal Court, led by Jonathon Moore QC): ASIC v Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) (No 2) [2017] FCA 1267;
  • Acting for the Minister for Environment and Energy to defend a judicial review proceeding concerning enforcement powers under the Fuel Quality Standards Act 2000 (Cth) (Federal Court, unled, appearing opposed to Senior Counsel, application withdrawn);
  • Drafting written submissions on behalf of Energy Consumers Australia in limited merits review proceedings under the National Electricity and Gas Laws (Australian Competition Tribunal, unled): Application by ActewAGL Distribution [2017] ACompT 2;
  • Acting for VicRoads in a two-day merits review hearing regarding occupational licensing issues and complex medical evidence (Magistrates' Court, unled, unreported);
  • Advising registered training organisations (RTOs) in relation to regulatory disputes with the Australian Skills Quality Authority.


Commercial

  • Successfully applying for an urgent contested injunction in a complex dispute regarding a large owners corporation (VCAT, unled);
  • Advising and acting in relation to shareholder oppression claims;
  • Acting for the defendant in a liquidators' unfair preference claim (Magistrates' Court, unled, ongoing);
  • Appearing at trial for the successful applicant in a commercial debt claim involving agency and limitation of actions issues (VCAT, unled): Commercial Resolutions (Aust) Pty Ltd v K-Line Mobile Mechanics Pty Ltd [2017] VCAT 916;
  • Appearing at trial for the successful party in a civil dispute concerning misleading/deceptive conduct and illegality (VCAT, unled): Parkhill Industries Pty Ltd v Lui [2017] VCAT 1459.
Significant Experience - before coming to the Bar

Corporations and financial services law

  • At ASIC, leading the initial stages of a flagship investigation into unlawful multi-million-dollar ‘land banking’ schemes.
  • At ASIC, leading the investigation and litigation against a licensed operator of managed investment schemes, for breaches of the financial services and markets laws.
  • Defending an investor class action brought against a trustee in relation to the collapse of the Westpoint Group, with contribution claims against 26 third parties.
  • At the FSA, acting in the UK’s largest successful insider trading prosecution, preparing witness statements and key analytical material for a 3-month jury trial.


Administrative law and statutory investigations

  • Advising regarding the use of statutory powers by ASIC, the FSA (UK), VicRoads, the Victorian Registration and Qualifications Authority, and the Commonwealth Department of the Environment.
  • Advising parties facing investigation by ASIC, the ACCC, the Financial Ombudsman Service, the Tertiary Education Quality Standards Agency, the Australian Skills Quality Authority, the Victorian Ombudsman, the Environment Protection Authority, and the Victorian Pharmacy Authority.
  • Acting in successful judicial review proceedings against the Australian Community Pharmacy Authority.
  • Successfully defending judicial review proceedings brought against VicRoads in the Supreme Court and Court of Appeal.


Competition law and energy regulation

  • Advising Energy Consumers Australia regarding revenue determinations by the Australian Energy Regulator and other matters under the National Energy Regime.
  • Acting for parties in the ACCC’s investigations of alleged cartel conduct among electrical cable suppliers and among egg producers.


Insolvency

  • Acting for receivers of Forest Enterprises Australia, a major operator of forestry schemes, in a proceeding against a class of several thousand scheme members, seeking termination of leasing arrangements and a realisation of assets.
  • Acting for foreign liquidators of an English company in civil penalty proceedings regarding the company’s unlawful fundraising in Australia, and in relation to cross-border insolvency and asset recovery issues.


Commercial fraud

  • Leading a covert investigation on behalf of a trustee company in relation to a substantial executive fraud, and successfully obtaining freezing orders.

Publications