Matthew Peckham

Financial services / consumer law:  Acting in the Federal Court for a defendant financial services licensee, proceeding brought by ASIC regarding alleged unlicensed financial advice, misleading and deceptive conduct, and unconscionable conduct (led by Hamish Austin QC, instructed by Mills Oakley).

Financial advice:  Acting in the Federal Court for the defendant licensee in the penalty phase of the first civil penalty proceeding brought by ASIC under the Future of Financial Advice laws: ASIC v Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) (No 2) [2017] FCA 1267 (led by Jonathon Moore QC, instructed by Mills Oakley).

Energy / market disclosure:  Acting in the Federal Court for the Australian Energy Regulator, concerning breaches of disclosure obligations on the National Electricity Market, in the context of the February 2017 South Australian blackouts (led by Andrew McClelland QC and Tom Clarke, instructed by the AGS).

Environment:  Acting in the Federal Court for the Minister for the Environment, concerning the unlicensed importation of ozone depleting substances (unled, instructed by McCullough Robertson).

Superannuation:  Acting in the Federal Court for the defendant to the first proceeding brought by the Commissioner of Taxation regarding the alleged promotion of an illegal scheme for the early release of superannuation funds: Commissioner of Taxation v Pavihi [2019] FCA 2056 (unled, pro bono referral from the Federal Court).

Contract / trade practices / equity: Acting unled in numerous matters in the Supreme Court, County Court, Magistrates’ Court and VCAT.  Reported decisions include: Parkhill Industries Pty Ltd v Lui (Civil Claims List) [2017] VCAT 1459; Commercial Resolutions (Aust) Pty Ltd v K-Line Mobile Mechanics Pty Ltd (Civil Claims List) [2017] VCAT 916.

Shareholder oppression / director’s duties / freezing orders: Acting for both plaintiffs and defendants in numerous Supreme Court proceedings, including to successfully resist the continuance of an asset freezing order (unled, instructors including Minter Ellison, Hall & Wilcox, Macpherson Kelley, Mills Oakley, Law Squared and others).

Insolvent trading / unfair preferences:  Acting for both plaintiff liquidators and defendants in several matters concerning insolvent trading or voidable transactions, including a three-day hearing in the Magistrates’ Court (unled, various instructors).

Superannuation / trusts: Acting in the Supreme Court for an institutional superannuation trustee seeking recovery of +$2 million in fees overcharged by a fund administrator, including an application for judicial approval of a settlement and proposed remediation of funds (led by Jonathon Moore QC, instructed by Maddocks).

Subpoenas – cross-border / corporate groups / confidentiality: Acting in the Federal Court for a global food business, resisting production of documents: Kraft Foods Group Brands LLC v Bega Cheese Ltd (Nos 3, 4 and 7) [2018] FCA 1023; [2018] FCA 1055; [2018] FCA 1507 (led by Ed Heerey QC, instructed by Clifford Chance).

Security for costs: Acting in the County Court, successfully resisting an application for $500,000 in security for costs, matter listed for a 20-day trial (unled, instructed by De Garis Lawyers).

Injunction: Acting in a VCAT proceeding concerning the governance of a large owners corporation, successfully obtaining an injunction to restrain the committee (unled, instructed by Mills Oakley).

Competition law / energy / credit regulation: Acting for the Consumer Action Law Centre, intervening in a review of an application for ACCC authorisation of the New Energy Technology Consumer Code, where the issues concern the availability of Buy-Now-Pay-Later finance: Application by Flexigroup Ltd [2020] ACompT 1 (application to intervene) (led by Tom Clarke, instructed by the Consumer Action Law Centre).

Competition law / energy regulation:  Preparing written submissions on behalf of Energy Consumers Australia in a limited merits review proceeding under the National Electricity and Gas Laws: Application by ActewAGL Distribution [2017] ACompT 2 (unled, instructed by Maddocks).

Financial advice:  Acting in the AAT (in Brisbane) for a financial adviser seeking to challenge banning orders imposed by ASIC and alleged contraventions of statutory advice duties, applying for stay and suppression orders (unled, instructed by K&L Gates)

Financial advice: Advising and assisting ASIC in the making of administrative banning orders (unled, instructed by ASIC).Vocational education:  Acting in the AAT for a substantial RTO and CRICOS provider in challenging a decision by ASQA to refuse a renewal of registration; successful interlocutory stay application; subsequently resolved – decision set aside (led by Robert Heath QC, instructed by Maddocks).

Racing / journalism:  Acting in VCAT for a prominent racing journalist, successfully argued that a media pass issued by Racing Victoria was an ‘occupational racing licence’, and subject to the VCAT’s review jurisdiction: Bartley v Racing Victoria Ltd (Review & Regulation List) [2019] VCAT 949 (jurisdiction), [2019] VCAT 1323 (costs) (unled, instruct by Geoff Dillon & Associates).

Road safety / vehicle standards: Acting for VicRoads in the Magistrates’ Court in numerous matters concerning fitness to drive and the regulation of licensed vehicle testers, including one three-day hearing with complex contested medical evidence (unled, instructors including Minter Ellison, Moray & Agnew).

Criminal procedure / road safety: Acting in the Supreme Court for VicRoads, resisting an application for judicial review arising from a County Court criminal appeal: Marijancevic v Page & Ors [2020] VSC 68 (unled, instructed by Minter Ellison).   

Migration / appeal: Acting for a protection visa applicant in the Federal Circuit Court, and then on appeal to the Full Court: DED16 v Minister for Immigration and Border Protection [2018] FCCA 3074 (unled); DED16 v Minister for Home Affairs [2019] FCAFC 18 (led by David Yarrow, instructed by the Asylum Seeker Resource Centre).

Environment: Acting in the Federal Court for the Minister for the Environment and Energy, resisting a challenge to enforcement powers under the Fuel Quality Standards Act 2000 (Cth) – resolved (unled, instructed by Maddocks).

Road safety: Acting in the Supreme Court, successfully resisting an application for an interlocutory stay on a decision by VicRoads: Marijancevic v Roads Corporation [2014] VSC 339 (appearing as solicitor-advocate).

Compulsory examinations:  Significant experience of conducting compelled examinations for ASIC and the Financial Services Authority (UK), and acting for examinees.

Examinations in court:  Appearing in the County Court for the examination of a convicted fraud, in aid of enforcing a judgment debt (unled, instructed by the VGSO).