Matthew Peckham Portrait

Matthew Peckham

Bar roll 2017 Admitted 2007
  • Commercial Law Tort Law
  • Public Law
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Matthew specialises in commercial, regulatory and administrative law matters, including white collar crime.

Matthew has particular expertise in complex commercial litigation, civil penalty prosecutions, financial services law, corporations law, energy and competition law, judicial review, and merits review.

Before coming to the Bar, Matthew was a Special Counsel at Maddocks.  He also worked at ASIC and the Financial Services Authority (UK), where he played a key role in the UK's largest successful criminal insider trading prosecution.  

Matthew is the lead author of a text on the National Energy Regime, and a member of the Law Council of Australia's Corporations and Securities Law committee.  He regularly advises and acts for major Commonwealth and State regulatory authorities, as well as commercial parties.

Matthew read with Justin Brereton, and his senior mentor was Jonathon Moore QC.

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Castan Chambers
Level 16 Room 25

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
  • Aged Care
  • 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

Regulatory and public law

Civil penalty – energy:  Australian Energy Regulator v Pelican Point Power Ltd [2021] FCA (led by A McClelland QC and T Clarke) – 10 day trial, part heard;

Merits review (disciplinary) – financial advice:  Rothnie & ASIC [2021] AATA 1545 (5-day trial); [2020] AATA 373 (issue of summons); [2019] AATA 4546 (stay and confidentiality) (unled, opposed to QC and junior);

Civil penalty – environment:  Minister for the Environment v ACN 089 171 415 Pty Ltd (formerly Fire Protection Technologies Pty Ltd) [2020] FCA 1557 (unled);

Australian Competition Tribunal – energy and financial services / consumer law:  Application by Flexigroup Ltd [2020] ACompT 2 (trial); [2020] ACompT 1 (leave to intervene) (led by T Clarke);

Judicial review – criminal procedure / road safety:  Marijancevic v Page & Ors [2020] VSC 68 (unled);

Civil penalty – superannuation:  Commissioner of Taxation v Pavihi [2019] FCA 2056 (unled);

Merits review (licensing) – horse racing / media:  Bartley v Racing Victoria Ltd (Review & Regulation List) [2019] VCAT 949 (jurisdiction), [2019] VCAT 1323 (costs) (unled);

Disciplinary – financial advice: assisting ASIC in banning of financial advisers (2019);

Civil penalty – financial services:  ASIC v AGM Markets Pty Ltd & Ors [2019] FCA (pre-trial phase only) (led by H Austin QC);

Judicial review – migration: DED16 v Minister for Home Affairs [2019] FCAFC 18 (Full Court appeal, led by D Yarrow); [2018] FCCA 3074 (judicial review, unled);  

Merits review (licensing) – vocational education provider: Undisclosed RTO & Australian Skills Quality Authority [2019] AATA (successful stay application, then resolved) (led by R Heath QC);

Australian Competition Tribunal – energy / access arrangements:  Application by ActewAGL Distribution [2017] ACompT 2 (unled, written submissions only).

Civil penalty – financial advice:  ASIC v Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) (No 2) [2017] FCA 1267 (led by J Moore QC)

Regulatory examinations: Conducting compulsory examinations on behalf of ASIC (2014-2015) and the Financial Services Authority (UK) (2010-2011);  

Injunctions – road safety: Marijancevic v Roads Corporation [2014] VSC 339 (unled, as solicitor-advocate)

Injunctions – environment: Minister for Sustainability, Environment, Water, Population and Communities v Fairglen Pty Ltd [2013] FCA (unreported, unled, as solicitor-advocate).

Commercial and corporate

Shareholder dispute / fiduciary duties / fraud: Undisclosed parties [2021] – dispute regarding substantial and historic fraud, with complex structures and succession issues (led by R Heath QC);

Contract / banking and finance / property / caveats:  Melbourne Property Group Investments (MPGI) Pty Ltd v Knight 43 Martin Street Pty Ltd & Ors [2021] VSC (unled); also [2020] VSC (satellite proceeding - removal of caveat);

Fraud / property / equity: Undisclosed parties [2021] VCC (recovery of money and property); [2020] VSC (resisting removal of caveat) (unled) – settled;

Class action – aviation / education:  Somers v Box Hill Institute & Gobel Aviation Pty Ltd [2020] VSC – class action by aviation students, acting for defendant flight school (led by R Heath QC);

Shareholder dispute:  Re Miramah Investments Pty Ltd & Ors [2020] VSC (settled) – and many others;

Contract / superannuation / trusts:  Diversa Trustees Ltd v Primary Superannuation Services Pty Ltd [2019] VSC – acting for superannuation trustee, recovering substantial sums overcharged by administrator, judicial directions re complex remediation (led by J Moore QC);

Civil procedure – offshore corporations:  Kraft Foods Group Brands LLC v Bega Cheese Ltd (Nos 3, 4 and 7) [2018] FCA 1023[2018] FCA 1055[2018] FCA 1507 – acting for a subpoenaed party, confidentiality, resisting subpoenas, production by offshore companies (led by E Heerey QC);

Product liability – agricultural machinery / unconscionability / security for costs:  DeLaval Pty Ltd v Paltridge [2018] VCC (unled);

Civil procedure – freezing orders / shareholder dispute:  Re Infomotion Pty Ltd [2018] VSC – successfully resisting the continuation of a freezing order (unled);

Civil procedure – injunctions / corporate governance:  Jasmar Custodians Pty Ltd v OCPS640556E [2018] VCAT – successful injunction concerning corporate governance failures in an owners’ corporation (unled).

Debt recovery – public examination:  Chief Commissioner of Police v Horley [2018] VCC – conducting examination of judgment debtor in aid of enforcement, where debtor a convicted fraud (unled); 

Insolvency – unfair preferences:  Cant v Healey Infrastructure Pty Ltd [2017] MCV (three-day trial, unled);

Contract / consumer law:  Parkhill Industries Pty Ltd v Lui [2017] VCAT 1459 (unled);

Contract / agency:  Commercial Resolutions (Aust) Pty Ltd v K-Line Mobile Mechanics Pty Ltd [2017] VCAT 916 (unled).

Publications

Memberships

Australian Institute of Administrative Law

Banking and Financial Services Law Association

Commercial Bar Association

Criminal Bar Association

Law Council of Australia – Melbourne Corporations & Securities subcommittee

Law Institute of Victoria