Matthew Peckham
- Commercial Law Tort Law
- Public Law
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
- P03 9225 7961
- M0425 790 816
- E[email protected]
- Download VCard
Castan Chambers
Level 16 Room 25
460 Lonsdale Street
Melbourne VIC 3000
Jane King
03 9225 8558
Expertise
- Banking & Finance
- Bankruptcy
- Class Actions
- Competition
- Consumer Law
- Contractual Disputes
- Corporate Insolvency
- Corporations & Securities
- Energy & Resources
- Equity & Trusts
- Superannuation
- Class Actions
- Commissions & Inquiries
- Major Torts
- Negligence
- Professional Negligence
- Administrative Law
- Aged Care
- Appellate
- Civil & Human Rights
- Commissions & Inquiries
- Constitutional Law
- Environment
- Freedom of Information
- Judicial Review
- White Collar Crime
Qualifications
Bachelor of Laws (Honours)
Bachelor of Arts
Victoria
New South Wales
Queensland
South Australia
Western Australia
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Recent Cases
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).
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
Civil Penalties Update - Throwing the book at a serial offender: High Court confirms the primacy of deterrence in determining civil penalties
03 February 2021Westpac v ASIC: High Court vindicates ASIC’s position on personal financial advice
10 September 2018Corporations & Securities Law Update - Validus Advisory Group Pty Ltd: an important reminder of the requirement for an AFSL
08 June 2018Insolvency Law Update - Disclaiming an insolvent company's environmental obligations: the case of Linc Energy Ltd
04 December 2017What do I need to know about the Royal Commission into the Banking, Superannuation and Financial Services Industry?
05 September 2017Energy Law Update - Uncooperative federalism and the abolition of limited merits review
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