Matthew Peckham
Bar roll 2017
Admitted
2007
- Commercial Law Tort Law
- Public Law
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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
- P03 9225 7961
- M0425 790 816
- E[email protected]
- Download VCard
Chambers & Clerk
Owen Dixon Chambers West
Level 1 Room 24
525 Lonsdale Street
Melbourne VIC 3000
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
Banking, financial services and superannuation (see also entries under competition law)
- RKTF & ASIC [2019] AATA 4546 (stay and confidentiality); Rothnie & ASIC [2020] AATA 373 (issue of summons); [2021] (trial pending) – financial advice, review of ASIC banning orders (unled);
- Commissioner of Taxation v Pavihi [2019] FCA 2056 – civil penalty proceeding, unlawful scheme for release of superannuation (unled);
- ASIC v AGM Markets Pty Ltd & Ors [2019] FCA – civil penalty proceeding, alleged unlicensed financial advice and misleading/unconscionable conduct (led by H Austin QC);
- ASIC & Financial Advisers [2019] ASIC decision – advising and assisting ASIC with financial services banning orders (unled);
- 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);
- ASIC v Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) (No 2) [2017] FCA 1267 – civil penalty proceeding, financial advice (led by J Moore QC).
Civil penalty proceedings (also listed elsewhere by subject matter)
- Australian Energy Regulator v Pelican Point Power Ltd [2020] FCA – prosecuting, first ever civil penalty case concerning the Projected Assessment of System Adequacy regime on the National Electricity Market (led by A McClelland QC and T Clarke);
- Minister for the Environment v ACN 089 171 415 Pty Ltd (formerly Fire Protection Technologies Pty Ltd) [2020] FCA 1557 – prosecuting, first ever civil penalty case under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (Cth) (unled);
- Commissioner of Taxation v Pavihi [2019] FCA 2056 - defending, first case brought by the ATO in relation to an unlawful scheme for the early release of superannuation funds (unled);
- ASIC v AGM Markets Pty Ltd & Ors [2019] FCA – defending, alleged unlicensed financial advice and misleading/unconscionable conduct (led by H Austin QC);
- ASIC v Golden Financial Group Pty Ltd (formerly NSG Services Pty Ltd) (No 2) [2017] FCA 1267 – defending, first case brought by ASIC under the Future of Financial Advice laws (led by J Moore QC)
Class actions
- 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).
Competition Law
- Application by Flexigroup Ltd [2020] ACompT 1 (leave to intervene); [2020] ACompT 2 (trial) – review of ACCC authorisation of the New Energy Technology Consumer Code, conditions re offering of Buy-Now-Pay-Later finance, unsolicited sales (led by T Clarke);
- Application by ActewAGL Distribution [2017] ACompT 2 – National Electricity Rules, limited merits review of a distribution network determination made by the AER (unled, written submissions only).
Corporations law and insolvency
- Shareholder oppression, breaches of director’s duties, just and equitable winding up - numerous proceedings (Supreme Court, mostly unled, but includes matters led by J Moore QC and R Heath QC);
- Insolvent trading and recovery of unfair preference payments - numerous proceedings, including Cant v Healey Infrastructure Pty Ltd [2017] MCV (three-day trial, unled);
- Re Infomotion Pty Ltd [2018] VSC – shareholder oppression, successfully resisting the continuation of a freezing order (unled);
- Jasmar Custodians Pty Ltd v OCPS640556E [2018] VCAT – successful injunction concerning corporate governance failures in an owners’ corporation (unled).
Energy law (see also entries under competition law)
- Australian Energy Regulator v Pelican Point Power Ltd [2020] FCA – civil penalty proceeding under the National Electricity Rules (led by A McClelland QC and T Clarke);
- Regulatory advice – advising the Australian Energy Regulator, Essential Services Commission (Vic), Energy Consumers Australia, Consumer Action Law Centre, and various commercial entities on regulatory issues arising under national and State energy laws.
Environmental enforcement
- Minister for the Environment v ACN 089 171 415 Pty Ltd (formerly Fire Protection Technologies Pty Ltd) [2020] FCA 1557 – first ever civil penalty proceeding for unlawful importing of synthetic greenhouse gases (unled);
- United Petroleum Pty Ltd v Minister for Environment & Energy [2017] FCA – fuel safety, judicial review of the Minister’s enforcement powers (unled);
- Minister for Sustainability, Environment, Water, Population and Communities v Fairglen Pty Ltd [2013] FCA – fuel safety, successful interim injunction (unled).
General administrative law
- Marijancevic v Page & Ors [2020] VSC 68 – criminal appeal, road safety, judicial review (unled);
- Tridellen Pty Ltd v VicRoads [2020] MCV – merits review re cancellation of vehicle testing licence, technical engineering and safety issues (unled);
- Bartley v Racing Victoria Ltd (Review & Regulation List) [2019] VCAT 949 (jurisdiction), [2019] VCAT 1323 (costs) – horse racing, media law, administrative law (unled);
- Undisclosed RTO & Australian Skills Quality Authority [2019] AATA (stay application, then resolved) – vocational education, review of ASQA decision (led by R Heath QC);
- DED16 v Minister for Home Affairs [2018] FCCA 3074 (judicial review, unled); [2019] FCAFC 18 (appeal, led by D Yarrow) – migration;
- Previti v VicRoads [2017] MCV – merits review re fitness to drive, complex medical evidence in three-day trial (unled);
- Marijancevic v Roads Corporation [2014] VSC 339 – resisting application for a stay on decision by VicRoads (unled).
General commercial and consumer law
- Undisclosed Parties [2020] VSC – acting for a borrower / joint venturer in substantial property development dispute (unled);
- Undisclosed Parties [2020] VCC – dispute regarding substantial and largely undocumented transactions, issues regarding fraud and dishonesty (unled);
- Undisclosed Parties [2020] SADC – acting for wholesale produce distributor in dispute with major supplier, complex contractual and accounting issues (unled);
- 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);
- DeLaval Pty Ltd v Paltridge [2018] VCC – contract, critical failures in agricultural machinery, unconscionability, security for costs (unled);
- Parkhill Industries Pty Ltd v Lui [2017] VCAT 1459 – contract, consumer law (unled);
- Commercial Resolutions (Aust) Pty Ltd v K-Line Mobile Mechanics Pty Ltd [2017] VCAT 916 – enforcement of debt, agency (unled).
Compulsory examinations and commissions of inquiry
- ASIC Examinations – both acting as lead or supporting examiner, and acting for the examinee;
- Chief Commissioner of Police v Horley [2018] VCC – conducting examination of judgment debtor in aid of enforcement, where debtor a convicted fraud;
- Financial Services Authority (UK) Examinations - acting as lead or supporting examiner.
Publications
10 September 2018
Corporations & 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