Matthew Peckham

Commercial Regulatory

Australian Consumer Law

• False advertising:ACCC v Bloomex Pty Ltd[2024] FCA 243 (penalty hearing) (unled, opposed to Senior Counsel, for the respondent);

Energy

• Best offer messages:Essential Services Commission v Sumo Power Pty Ltd & Sumo Gas Pty Ltd (Best Offer Messages Proceeding) [2024] VSC (led by D Star KC, for the ESCV) – ongoing;
• Door-to-door selling: Essential Services Commission v Sumo Power Pty Ltd & Sumo Gas Pty Ltd (Door-to-Door Selling Proceeding) [2024] VSC (led by D Star KC, for the ESCV) – ongoing;
• Embedded networks: Australian Energy Regulator v CAM Engineering and Construction Pty Ltd [2024] FCA (unled, for the AER) – ongoing;
• Generator performance standards (massive generator failure and explosion): Australian Energy Regulator v Callide Power Trading Pty Ltd [2024] FCA (led by N De Young KC, for the AER) – ongoing;
• Infrastructure safety: Energy Safe Victoria v Ausnet Electricity Services Pty Ltd [2024] VSC (leading A Mobrici, for ESV) – ongoing;
• Victorian Energy Upgrades scheme: Essential Services Commission v QEnergy Ltd; Mojo Power East Pty Ltd[2023] VSC 460 (unled, for the ESCV);
• Wholesale markets:Australian Energy Regulator v Pelican Point Power Ltd[2023] FCA 1110 (13-day trial); [2023] FCA 1381 (declarations) (led by A McClelland KC and T Clarke, for the AER) – followed by 2-day penalty hearing, judgment pending;

Environment

• Synthetic greenhouse gas:Minister for the Environment v ACN 089 171 415 Pty Ltd (formerly Fire Protection Technologies Pty Ltd)[2020] FCA 1557 (unled, for the Minister);

Financial services

• Financial advice:ASIC v Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) (No 2)[2017] FCA 1267 (led by J Moore QC, for the defendant);
• OTC derivatives / unconscionable conduct: ASIC v AGM Markets Pty Ltd & Ors [2019] FCA (led by Hamish Austin QC, for a defendant, pre-trial stages only);
• Superannuation: Commissioner of Taxation v Pavihi[2019] FCA 2056 (unled, for the respondent);
• Superannuation / licensee obligations / complaint handling: ASIC v Telstra Super Pty Ltd [2024] FCA (led by N De Young KC, for the defendant) – ongoing.

Media

• Radio broadcasting: Australian Communications and Media Authority v Phaze Broadcasting Pty Ltd [2024] FCA (unled, for ACMA) – ongoing.

• Authorisation of industry code: Application by Flexigroup Ltd; Re the New Energy Tech Consumer Code[2020] ACompT 2 (4-day trial, 6 parties); [2020] ACompT 1 (leave to intervene) (led by T Clarke, for the Consumer Action Law Centre);
• Economic infrastructure regulation: Application by ActewAGL Distribution; re distribution determinations by the Australian Energy Regulator[2017] ACompT 2 (unled, written submissions only, for Energy Consumers Australia).

• Australian Energy Regulator: Compulsory examinations concerning generator bidding conduct on the National Electricity Market (2022, unled, for the AER);
• Essential Services Commission: Compulsory examinations concerning breaches of the Energy Retail Code of Practice (2024, unled, for the ESCV);
• Previous examinations in-house: Previously conducted examinations for ASIC and the Financial Services Authority (UK) – in-house, not as counsel.

• Merits review (disciplinary) – financial advisor: Rothnie & ASIC [2021] AATA 1545 (5-day trial); [2020] AATA 373 (issue of summons); [2019] AATA 4546 (stay and confidentiality) (unled, opposed to Senior Counsel, for the financial adviser);
• Merits review (licensing) – horse-racing and media:Bartley v Racing Victoria Ltd (Review & Regulation List)[2019] VCAT 949 (jurisdiction), [2019] VCAT 1323 (costs) (unled, for the applicant, a prominent horse racing journalist);
• Merits review (licensing) – vocational education provider:Undisclosed RTO & Australian Skills Quality Authority [2019] AATA (successful stay application, unreported) (led by R Heath QC, for the applicant, a registered training organisation – resolved.

Commercial and Common Law

• Australian Consumer Law: advising a global litigation funder on a prospective class action against an automotive company;
• Australian Consumer Law: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) (pre-trial stages only).

• Oppression / breach of director’s duties: Re Heritage Group [2023] VSC (leading M Hardinge) resolved;
• Oppression / breaches of director’s duties:Townshend v Fendall Farms Pty Ltd & Ors[2022] FCA 848 (derivative leave application) (led by R Heath KC, for the plaintiffs);
• Oppression / injunction:Re Design Flow Pty Ltd [2021] VSC (unled – successful injunction against co-director) – issues re confidentiality, conflicts of interest in sale scenario;
• Oppression / freezing order:Re Infomotion Pty Ltd [2018] VSC (unled – successful resistance of freezing order by co-director) - issues re conflict of interest, breaches of directors' duties;
• Owners’ corporation – validity of meeting / injunction:Jasmar Custodians Pty Ltd v OCPS640556E [2018] VCAT (unreported) (unled, successful injunction to restrain invalid meeting);
• Insolvent trading:Gountzos v Hall [2018] VCC (resolved) (unled, for the plaintiff liquidator);
• Insolvency – recovery of unfair preferences: Cant v Healey Infrastructure Pty Ltd [2017] VMC (unreported) (three-day trial, unled, for the defendant).
• Scheme of arrangement: Re The Sustainable Nutrition Group Ltd[2023] FCA (unled, no reasons published);
• Scheme of arrangement: Re PropTech Group Ltd[2022] FCA 1606; [2023] FCA 89 (led by Carl Moller SC);
• Scheme of arrangement:Re PayGroup Ltd[2022] FCA 1026; [2022] FCA 1350 (led by Carl Moller SC);
• Setting aside statutory demand: PJ Nash Pty Ltd v Food and Beverage Australia Pty Ltd [2020] VSC (unled, for the applicant) – resolved;

• Banker’s duties – third party fraud / Quincecare duty: Stanley v National Australia Bank Ltd [2022] VSC (pre-action discovery, unreported) (unled, for the prospective plaintiff);
• Consumer credit - claim brought by unlicensed lender:Pan v Lu & Zhu [2022] VCC (unled, for a defendant / counterclaimant);
• Financial advice / fraud: The Complete Planner Pty Ltd v DFS & Anor [2023] VCC (unled, for defendant financial adviser, resolved);
• Superannuation / fund administration / remediation of trust:Diversa Trustees Ltd v Primary Superannuation Services Pty Ltd [2019] VSC (unreported) (led by J Moore QC, for the trustee);

• Contract / property:Melbourne Property Group Investments (MPGI) Pty Ltd v Knight 43 Martin Street Pty Ltd & Ors[2022] VSC 41 (6-day trial – leading V Murano, for the defendants / counterclaimants); [2022] VSC 195 (costs);
• Energy retailer and large customer dispute: EnergyAustralia Pty Ltd v Ivanhoe Ops Pty Ltd [2023] VCC (unled, for the defendant) – resolved;
• Fraud / property / trusts:Hajipour v Azimzadeh [2021] VCC (unled - settled); [2020] VSC (resisting removal of caveat, leading U Ramachandran, for the plaintiffs);
• Intellectual property: The Kilmore International School (Vic) Pty Ltd & Anor v The Kilmore International School Ltd [2022] FCA (unled, opposed to Senior Counsel, listed for expedited trial, for the applicants) – resolved;
• 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 E Heerey QC, for the third party resisting production of documents);

• Driver licensing: Marijancevic v Page & Ors[2020] VSC 68 (unled, for VicRoads);
• Fuel safety / infringement notices: United Petroleum Pty Ltd v Minister for the Environment & Energy [2017] FCA (resolved) (unled, opposed to Senior Counsel, for the Minister).
• Immigration: DED16 v Minister for Home Affairs[2019] FCAFC 18 (Full Court appeal, led by D Yarrow); [2018] FCCA 3074 (judicial review, unled) (for the applicant).

• Negligence / liability of road authority / Water Act claims:Yarra Valley Water v Adams; Adams v Head, Transport for Victoria [2023] VMC (unled, 7-day trial, for the road authority); and
• Negligence / liability of road authority: Deanlee Pty Ltd v Head, Transport for Victoria [2022] VCC (unled, for the authority) – resolved.