7 Jg3811

Matthew Peckham

Bar roll 2017 Admitted 2007
  • Commercial Law Tort Law
  • Public Law
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Matthew practises in commercial law, public law and white collar crime

He has extensive experience in general commercial litigation, regulatory matters, and corporations and financial services law.

Matthew was previously a Special Counsel at Maddocks.  Before coming to the Bar, he spent 11 years in private practice and at major regulatory authorities in Australia and the UK.

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

General commercial

Matthew has extensive experience in general commercial litigation, including urgent injunctions, class actions and disputes involving multiple parties.  He is a commercial, thorough and determined advocate.

Corporations, financial services and insolvency

Matthew has particular expertise in corporations law, financial services and insolvency.  He has worked in-house at the Australian Securities and Investments Commission and the Financial Services Authority (UK), and acted for commercial parties in relation to major corporate collapses, financial fraud and cross-border insolvency.

Matthew worked on the UK’s largest successful insider trading prosecution, and recently acted in the first civil penalty proceeding under the Future of Financial Advice laws.

Regulatory and public law

Matthew has extensive experience acting for both regulatory authorities and regulated businesses, in matters concerning financial services and markets; energy regulation; competition law; health and pharmacy regulation; safety; education; and the environment.

He regularly advises on statutory interpretation, regulatory decisions and strategy, and acts in civil penalty, judicial review and merits review proceedings.

Matthew regularly writes and presents on matters concerning commercial regulation.  He is a co-author of the National Energy Regulation Handbook (2017).

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Owen Dixon Chambers West
Level 1 Room 16

525 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

Recent Experience

Acting for the trustee of a superannuation fund in a substantial contractual dispute with the fund administrator (2018) Supreme Court – ongoing (led by Jonathon Moore QC).

Acting in shareholder oppression proceedings (2018) Supreme Court – ongoing.

Advising the Australian Energy Regulator in relation to potential enforcement action – ongoing (led by Tom Clarke).

Chief Commissioner of Police v Horley (2018) County Court – examination of judgment debtor, a convicted fraud.

ASIC v Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) (No 2) [2017] FCA 1267 – first civil penalty proceeding under the Future of Financial Advice laws (led by Jonathon Moore QC).

Cant v Healey Infrastructure Pty Ltd(2017) Magistrates Court – liquidators’ claim for voidable transactions – judgment pending after three-day hearing.

Victoria Project Pty Ltd v Wu & Others (Owners Corporation List) (2017) VCAT – successfully obtained an urgent contested injunction concerning the management committee of a major apartment complex.

United Petroleum Pty Ltd v Minister for the Environment and Energy(2017) Federal Court – judicial review concerning enforcement powers under the Fuel Quality Standards Act – appearing against QC – resolved after several interlocutory disputes (unled, then led by Rowena Orr QC).

Previti v VicRoads(2017) Magistrates’ Court – merits review under the Road Safety Act, two-day hearing concerning truck driver’s fitness to drive, complex medical evidence concerning epilepsy and cardiovascular conditions.

Application by ActewAGL Distribution [2017] ACompT 2 – written submissions on behalf of Energy Consumers Australia in limited merits review proceeding under the National Electricity and Gas Laws.

Parkhill Industries Pty Ltd v Lui (Civil Claims List) [2017] VCAT 1459contractual dispute, raising illegality and consumer law issues.

Commercial Resolutions (Aust) Pty Ltd v K-Line Mobile Mechanics Pty Ltd (Civil Claims List) [2017] VCAT 916disputed debt, raising agency and limitations issues.

Experience as instructing solicitor

Wood v Astra Resources Ltd [2016] FCA 1192 – acting for foreign liquidators in relation to cross-border insolvency issues (with Ian Thomas as counsel).

ASIC v Astra Resources Ltd (No 2) [2016] FCA 560 - acting for foreign liquidators of an English company, in civil penalty proceedings brought by ASIC against the company in liquidation (with Ian Thomas as counsel).

Beachley Street Pty Ltd v Commonwealth & Ors (2016) Supreme Court acting for the Commonwealth in a complex multi-party dispute concerning liability for environmental contamination at a former Commonwealth industrial facility (with Tom Howe QC as counsel, settled).

Substantial executive fraud (2016) Supreme Court – leading a covert investigation  in relation to a substantial executive fraud, and successfully obtaining freezing orders (with Andrew Tragardh as counsel).

Investigation regarding 21st Century ‘land banking’ schemes (2015) – leading the initial stages of a major ASIC investigation into unregistered managed investment schemes.

ASIC v Avestra Asset Management Ltd (2015) Federal Court - leading an ASIC investigation against a licensed operator of managed investment schemes, obtaining orders for the appointment of provisional liquidators (with Jonathon Moore QC and Tom Clarke as counsel).

Marijancevic v Roads Corporation [2014] VSC 339; [2015] VSC 240; [2016] VSCA 181 – successfully defending judicial review proceedings brought against VicRoads in the Supreme Court and Court of Appeal (with Nick Wood as counsel).

Keddel v Roads Corporation (2014) Magistrates Court - merits review under the Road Safety Act, concerning fitness to drive issues after epileptic seizure causing an accident (with Sarala Fitzgerald as counsel).

JSRM v Tertiary Education Quality Standards Agency (2014) AAT – acting for a registered higher education provider in a merits review challenging the cancellation of its registration (with Helen Symon QC, Haroon Hassan and Angel Aleksov as counsel, settled).

Kastrinakis v ACPA [2013] FCA 995 - successful judicial review proceeding against the Australian Community Pharmacy Authority (with Suresh Senathirajah as counsel).

In the matter of FEA Plantations Ltd (subject to DOCA) (receivers appointed) [2013] FCA 1331 – application for winding up of forestry managed investment schemes (with Philip Crutchfield QC and Oren Bigos as counsel).

Forest Enterprises Australia Ltd (subject to DOCA) (receivers and managers appointed) v Tasmanian Plantation Ltd (subject to DOCA) (controllers appointed) & Ors (2013) Supreme Court - acting for receivers of an operator of forestry managed investment schemes, in a proceeding against a class of several thousand scheme members regarding the termination of leasing arrangements and forestry rights (with Philip Crutchfield QC and Oren Bigos as counsel, settled).

Burdett-Baker, in the matter of AFS Group Ltd (in liquidation) v National Australia Bank Ltd & Anor [2013] FCA 799 – application by liquidator for directions regarding determination of third party rights (with Ed Moon and Catherine Gobbo as counsel).

Operation Saturn – R v Mustafa and Ors (2012) – working on the UK’s largest ever successful insider trading prosecution (with Michael Bowes QC and Gillian Jones as counsel).

Casey v State Trustees Ltd (2010) Federal Court - defending an investor class action brought by ASIC in relation to the collapse of the Westpoint Group, bringing 26 third party claims (with Robin Brett QC and Greg Ahern as counsel, settled).

Publications

Memberships

Commercial Bar Association

Banking and Financial Services Law Association

Australian Institute of Administrative Law

Law Council of Australia