Matthew Peckham

Contract / secured lending / property / removal of caveats:Melbourne Property Group Investments (MPGI) Pty Ltd v Knight 43 Martin Street Pty Ltd & Ors[2022] VSC 41 (6-day trial, plus separate hearing re removal of caveats – leading V Murano, for the defendants / counterclaimants); [2022] VSC 195 (costs);

Contract / passing off / intellectual property: TKIS Vic Pty Ltd & Anor v TKIS Ltd [2022] FCA (unled, opposed to silk, listed for expedited trial, for the applicants - settled);

Fraud / property / trusts / removal of caveat: Hajipour v Azimzadeh [2021] VCC (recovery of money and property, unled); [2020] VSC (resisting removal of caveat, leading U Ramachandran, for the plaintiffs) – settled;

Class action: 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 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 [2022] 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 [2022] VCC (unled);

Competition law – review of ACCC authorisation of New Energy Technology Consumer Code: Application by Flexigroup Ltd[2020] ACompT 2 (4-day trial, 6 parties); [2020] 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[2017] 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 [2022] 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 [2002] VCC (unled, for the defendant);

Consumer credit – claim brought by unlicensed lender: Pan v Lu & Zhu [2022] VCC (unled, for a defendant / counterclaimant);

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 silk, for the financial adviser);

Disciplinary – financial advice: advising ASIC in relation to disciplinary charges - Re Hilsley (ASIC banning order, 2020, unled); Re Luthra (ASIC banning order – permanent, 2019, unled);

Civil penalty proceeding – superannuation:Commissioner of Taxation v Pavihi[2019] FCA 2056 (unled, for the respondent);

Civil penalty proceeding – financial services: ASIC v AGM Markets Pty Ltd & Ors [2019] 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 [2019] 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)[2017] FCA 1267 (led by J Moore KC, for the respondent).

Shareholder dispute – oppression / directors' duties / fraud:Townshend v Fendall Farms Pty Ltd & Ors[2022] 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[2022] FCA 1026 (led by C Moller);

Shareholder dispute – confidentiality / injunction:Re Design Flow Pty Ltd [2021] VSC (unled – successful injunction against co-director);

Insider trading / criminal procedure / suppression orders:R v Story [2021] VMC (committal hearing) - appearing for major retailer, re protection of confidential information (unled);

Shareholder dispute – freezing orders: Re Infomotion Pty Ltd [2018] 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)[2018] FCA 1023; [2018] FCA 1055; [2018] FCA 1507 (led by E Heerey KC, for the third party resisting production of documents);

Owners’ corporation – injunction: Jasmar Custodians Pty Ltd v OCPS640556E [2018] VCAT (unreported) (unled, successful injunction to restrain invalid meeting).

Setting aside statutory demand:PJ Nash Pty Ltd v Food and Beverage Australia Pty Ltd [2020] VSC (resolved) (unled, for the applicant);

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).

Civil penalty proceeding - greenhouse gases: Minister for the Environment v ACN 089 171 415 Pty Ltd (formerly Fire Protection Technologies Pty Ltd)[2020] FCA 1557 (agreed penalty, unled, for the Minister);

Judicial review – fuel safety / enforcement powers: United Petroleum Pty Ltd v Minister for the Environment & Energy [2017] FCA (resolved) (unled, opposed to silk, for the Minister).

Negligence / liability of road authority: Deanlee Pty Ltd v Head, Transport for Victoria [2022] VCC (unled, for the authority);

Judicial review – criminal procedure / driver licensing issues: Marijancevic v Page & Ors[2020] VSC 68 (unled, for VicRoads);

Merits review – authorised vehicle inspectors: Tridellen Pty Ltd v VicRoads [2019] VMC (settled) (unled, for VicRoads) – and numerous others;

Merits review – fitness to drive:Previti v VicRoads [2017] 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;

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) (for the applicant);

Merits review (licensing) – horse racing / 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, then resolved) (led by R Heath KC, for the applicant RTO).