Matthew has particular expertise in complex commercial litigation, civil penalty proceedings, regulatory investigations, financial services law, corporations law, energy law, competition and consumer law, and administrative law.
Matthew regularly appears in substantial matters unled, or with a range of senior counsel. He also leads other more junior counsel, particularly in urgent or specialised matters. Before coming to the Bar, Matthew was a senior and experienced solicitor, and works closely in support of his instructors.
Matthew is frequently instructed either for or against Commonwealth and State regulatory authorities. He has particular experience in conducting compulsory examinations, and investigations more generally. He previously worked at both ASIC and the Financial Services Authority (UK), where he played a key role in the UK's largest successful criminal insider trading prosecution.
Liability limited by a scheme approved under the Professional Standards Legislation
- Banking & Finance
- Class Actions
- Consumer Law
- Contractual Disputes
- Corporate Insolvency
- Corporations & Securities
- Energy & Resources
- Equity & Trusts
- Regulatory Investigations
- Class Actions
- Commissions & Inquiries
- Major Torts
- Professional Negligence
- Administrative Law
- Aged Care
- Civil & Human Rights
- Commissions & Inquiries
- Constitutional Law
- Freedom of Information
- Judicial Review
- White Collar Crime
Bachelor of Laws (Honours)
Bachelor of Arts
New South Wales
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Contract / secured lending / property / removal of caveats:Melbourne Property Group Investments (MPGI) Pty Ltd v Knight 43 Martin Street Pty Ltd & Ors VSC 41 (6-day trial, plus separate hearing re removal of caveats – leading V Murano, for the defendants / counterclaimants);  VSC 195 (costs);
Contract / passing off / intellectual property: TKIS Vic Pty Ltd & Anor v TKIS Ltd  FCA (unled, opposed to silk, listed for expedited trial, for the applicants - settled);
Fraud / property / trusts / removal of caveat: Hajipour v Azimzadeh  VCC (recovery of money and property, unled);  VSC (resisting removal of caveat, leading U Ramachandran, for the plaintiffs) – settled;
Class action: Somers v Box Hill Institute & Gobel Aviation Pty Ltd  VSC – class action by aviation students, acting for defendant flight school (led by R Heath KC).
Compulsory examinations: conducting a series of compulsory examinations, for the Australian Energy Regulator (2022);
Civil penalty proceeding – National Electricity Market:Australian Energy Regulator v Pelican Point Power Ltd  FCA (led by A McClelland KC and T Clarke, for the AER) – 13-day trial, awaiting judgment;
Dispute with electricity retailer:EnergyAustralia Pty Ltd v Ivanhoe Ops Pty Ltd  VCC (unled);
Competition law – review of ACCC authorisation of New Energy Technology Consumer Code: Application by Flexigroup Ltd ACompT 2 (4-day trial, 6 parties);  ACompT 1 (leave to intervene) (led by T Clarke, for the Consumer Action Law Centre);
Competition law / access arrangements – National Gas and Electricity Laws:Application by ActewAGL Distribution ACompT 2 (unled, written submissions only, for Energy Consumers Australia);
Advice to energy regulators: advising the Australian Energy Regulator and the Essential Services Commission in relation to their regulatory functions (unled or with leaders including A McClelland KC, N De Young KC, R Higgins SC);
Publication: co-author of Energy Consumers Australia, National Energy Regulation Handbook (2017) (with Robert Gregory, of Maddocks).
Claim against bank re third party fraud: Stanley v National Australia Bank Ltd  VSC (pre-action discovery, in relation to a suspected breach of the Quincecare duty) (unled, for the prospective plaintiff);
Claim against financial adviser: The Complete Planner Pty Ltd v D’Amelio & Anor  VCC (unled, for the defendant);
Consumer credit – claim brought by unlicensed lender: Pan v Lu & Zhu  VCC (unled, for a defendant / counterclaimant);
Disciplinary – financial advice: Rothnie & ASIC AATA 1545 (5-day trial);  AATA 373 (issue of summons);  AATA 4546 (stay and confidentiality) (unled, opposed to silk, for the financial adviser);
Civil penalty proceeding – superannuation:Commissioner of Taxation v Pavihi FCA 2056 (unled, for the respondent);
Civil penalty proceeding – financial services: ASIC v AGM Markets Pty Ltd & Ors  FCA (pre-trial phase only) (led by H Austin KC, for a respondent);
Superannuation / contract / trusts:Diversa Trustees Ltd v Primary Superannuation Services Pty Ltd  VSC (acting for a superannuation trustee in a claim against the fund administrator, then applying for judicial advice concerning a complex remediation of the fund, unreported) (led by J Moore KC, for the trustee);
Civil penalty proceeding – financial advice: ASIC v Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) (No 2) FCA 1267 (led by J Moore KC, for the respondent).
Shareholder dispute – oppression / directors' duties / fraud:Townshend v Fendall Farms Pty Ltd & Ors FCA 848 (leave to bring derivative proceedings) (led by R Heath KC, for the plaintiffs) - and numerous other shareholder disputes;
Scheme of arrangement – approval of takeover scheme:Re PayGroup Limited FCA 1026 (led by C Moller);
Shareholder dispute – confidentiality / injunction:Re Design Flow Pty Ltd  VSC (unled – successful injunction against co-director);
Insider trading / criminal procedure / suppression orders:R v Story  VMC (committal hearing) - appearing for major retailer, re protection of confidential information (unled);
Shareholder dispute – freezing orders: Re Infomotion Pty Ltd  VSC (unled – successful resistance of freezing order by co-director);
Civil procedure – production of documents by offshore corporations: Kraft Foods Group Brands LLC v Bega Cheese Ltd (Nos 3, 4 and 7) FCA 1023;  FCA 1055;  FCA 1507 (led by E Heerey KC, for the third party resisting production of documents);
Owners’ corporation – injunction: Jasmar Custodians Pty Ltd v OCPS640556E  VCAT (unreported) (unled, successful injunction to restrain invalid meeting).
Setting aside statutory demand:PJ Nash Pty Ltd v Food and Beverage Australia Pty Ltd  VSC (resolved) (unled, for the applicant);
Insolvent trading:Gountzos v Hall  VCC (resolved) (unled, for the plaintiff liquidator);
Insolvency – recovery of unfair preferences: Cant v Healey Infrastructure Pty Ltd  VMC (unreported) (three-day trial, unled, for the defendant).
Civil penalty proceeding - greenhouse gases: Minister for the Environment v ACN 089 171 415 Pty Ltd (formerly Fire Protection Technologies Pty Ltd) FCA 1557 (agreed penalty, unled, for the Minister);
Judicial review – fuel safety / enforcement powers: United Petroleum Pty Ltd v Minister for the Environment & Energy  FCA (resolved) (unled, opposed to silk, for the Minister).
Negligence / liability of road authority: Deanlee Pty Ltd v Head, Transport for Victoria  VCC (unled, for the authority);
Judicial review – criminal procedure / driver licensing issues: Marijancevic v Page & Ors VSC 68 (unled, for VicRoads);
Merits review – authorised vehicle inspectors: Tridellen Pty Ltd v VicRoads  VMC (settled) (unled, for VicRoads) – and numerous others;
Merits review – fitness to drive:Previti v VicRoads  VMC (unreported, 3-day trial) (unled, for VicRoads) – and numerous others.
Regulatory Investigations: frequently acting for both a wide range of regulators and the subjects of enquiries, including in the conduct of compulsory examinations;
Merits review (licensing) – horse racing / media: Bartley v Racing Victoria Ltd (Review & Regulation List) VCAT 949 (jurisdiction),  VCAT 1323 (costs) (unled, for the applicant, a prominent horse racing journalist);
Merits review (licensing) – vocational education provider:Undisclosed RTO & Australian Skills Quality Authority  AATA (successful stay application, then resolved) (led by R Heath KC, for the applicant RTO).
Practice and Procedure Update: Creating Efficiencies - Law Institute of Victoria Journal Feature Article13 May 2022
Civil Penalties Update - Throwing the book at a serial offender: High Court confirms the primacy of deterrence in determining civil penalties03 February 2021
Westpac v ASIC: High Court vindicates ASIC’s position on personal financial advice10 September 2018
Corporations & Securities Law Update - Validus Advisory Group Pty Ltd: an important reminder of the requirement for an AFSL08 June 2018
Insolvency Law Update - Disclaiming an insolvent company's environmental obligations: the case of Linc Energy Ltd04 December 2017
What do I need to know about the Royal Commission into the Banking, Superannuation and Financial Services Industry?05 September 2017
Energy Law Update - Uncooperative federalism and the abolition of limited merits review
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
Secretary of the Commercial Bar Association’s Energy & Infrastructure Section