List G Po 8615

Patrick Over

Bar roll 2003 Admitted 1996
  • Tort Law Commercial Law
  • Public Law
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Patrick Over has a broad civil litigation practice

Patrick specialises in litigating cases involving scientific and mathematical issues, and appearing in cases arising from legal practice. He provides practical and strategic representation to clients ranging from individuals, small businesses, companies and governments.  Patrick is experienced at all stages of litigation from advice, pleadings, interlocutory applications, trial preparation including liaising with expert financial and scientific experts, and appearing at mediations, hearings, trials and appeals.   

Before coming to the Bar, he worked as a solicitor for approximately 7 years, and had varied practices in Melbourne and Sydney including consulting to the ACCC on civil prosecutions, running representative and group proceedings, and litigating common law and Trade Practices Act claims.

Liability limited by a scheme approved under Professional Standards legislation

Contact

Correspondence
Chambers & Clerk

Castan Chambers
Level 13 Room 18

460 Lonsdale Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Aviation
  • Consumer Law
  • Superannuation
Tort Law
  • Class Actions
  • Commissions & Inquiries
  • Negligence
  • Personal Injury
  • Professional Negligence
Public Law
  • Administrative Law
  • Commissions & Inquiries
  • Judicial Review

Qualifications

Qualifications

Bachelor of Laws (Hons)

Bachelor of Science

Graduate Diploma in Scientific Communication

Admitted

Victoria

New South Wales

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Commercial Law

Advice and appearance work in class actions: for example, Hall v Australian Financial Direct Limited (No 2) [2007] VSC 233; (No 3) [2007] VSC 366, as junior to David Collins SC, opposed applications that a representative proceeding no longer continues and for sub-group representatives be appointed; and prepared and appeared at application for approval of settlement of the proceeding. As a solicitor, assisting in running a variety of group proceedings including representative proceedings in the Supreme Court of Victoria, the Federal Court and test litigation in state Supreme Courts.

General commercial matters including: striking out applications to set aside statutory demands: ACM Prince Pty Ltd v Slater Gordon Ltd [2007] FCA 1002;  security for costs: Premier Building & Consulting Pty Ltd v Spotless Group Limited (No 5) [2005] VSC 19 (18 February 2005); appearing before Associate Justices in the Supreme Court of Victoria on regular basis in seeking reinstatement of companies; appointing liquidators; and seeking leave to commence and proceed; professional negligence claim for both plaintiffs and defendants: Wellington v Slater and Gordon [2006] VCAT 2209; and contract and tort claims, particularly for small business and consumers.

Advice and appearance work: CSR Ltd v Maddalena [2005] HCA Trans 560, as junior to David Jackson QC, he opposed an application for special leave; Malaysian Airline Systems Berhad v Krum [2005] VSCA 232, as junior to David Collins SC, acted for an individual in a claim for injury on board a plane pursuant to the Warsaw Convention (as amended) and the subsequent appeal; Woods v The Legal Ombudsman [2004] VSCA 247, as junior to Robin Brett QC, appeared in an appeal against a decision of the Full Tribunal of the Legal Profession Tribunal.

Public Law

Appearing for and advising statutory bodies and disciplinary proceedings: for example, as junior to Kristine Hanscombe SC inLegal Services Commissioner v Moore [2010] VCAT 742, Law Institute of Victoria v Brott [2007] VCAT; [2008] VCAT 1998; Legal Services Commissioner v Moore [2010] VCAT 742; Legal Services Commissioner v Keough [2010] VCAT 108; Legal Services Commissioner v Johal [2011]; Legal Services Commissioner v Long[2011].

Appearing for and advising legal practitioners and clients of legal practitioners about issues arising from legal practice, under the Legal Profession Act 2004 (Vic) and Legal Practice Act 1996 (Vic) including cost disputes, cost agreements, claim against the Fidelity Fund, conflicts of interest and ethics. 

Representing 100s of people in the Supreme Court of Victoria who have claimed damages for asbestos-related injuries, which has included tasks such as pleadings, interlocutory applications, reinstatement of companies, de bene esse examinations, pre-trial conferences, and jury trials.  For example, Lacone v. Amaca Pty Ltd [2007] VSC 38 and the jury trial in the Supreme Court as junior to Mr Jack Rush QC, which settled for what was reported at the time to be the largest settlement for an individual with an asbestos related injury. Recently he acted as junior to Mr Richard Stanley QC in obtaining the first jury verdict for a mesothelioma for over a decade, which included opposing applications to dispense with a jury -  King v Amaca Pty Ltd [2011] VSC 433 - and to refuse the jury verdict - King v Amaca Pty Ltd [2011] VSC 422.  He is a member of the Supreme Court of Victoria’s Dust Diseases Users’ Group.

Acting for governments and statutory bodies to defend claims including by a pharmaceutical company for damages for negligent misstatement and injurious falsehood; by detainees for injuries caused by negligence; and by a lawyer for breach of statutory duty, negligence and defamation. Advising a government about the interaction between estate and dependency claims and drafting amendments to legislation.

Acting for individuals and companies in pursuing and defending negligence and statutory claims for personal injuries including claim in occupier’s liability, medical negligence and under the Civil Aviation Carriers Liability Act (Cth) and its state based equivalents. For example, Whitehead v Carlton Football Club Limited [2005] VSC 257 and Krum v Malaysian Airline Systems Berhad [2004] VSC 185.

Applying for judicial review of administrative decisions: Skase and Minister for Immigration and Multicultural and Indigenous Affairs [2005] AATA 200 and [2005] AATA 308 where as junior to Julian Burnside QC, he appeared at a review of a refusal to allow resumption of Australian citizenship which included opposing an application by a media organisation to review the Tribunal file before hearing; VRWT v Minister for Immigration Anor [2005] FMCA 1816, appearing at review of a refusal to grant a visa; applications for administrative review of decisions of statutory bodies such as the Departments of Veteran Affairs and the Health Insurance Commission. 

Publications

Memberships

Victorian Bar - Supreme Court - The Dust Diseases Users' Group

Victorian Bar - Common Law Bar Association Committee