Richard Wilson

EHT18 v Melbourne IVF [2018] FCA 1421 – appeared at trial as amicus curiae (leading Sarala Fitzgerald) at the request of the Federal Court in a challenge brought by a separated married woman to the Victorian Assisted Reproductive Treatment Act 2008 (Vic) as being inconsistent with s.22 of the Sex Discrimination Act 1984 (Cth) and therefore invalid or inoperative to the extent of its inconsistency with the Commonwealth law by reason of s 109 of the Constitution.

Wyndham City Council v Terra Culture [2018] VSC 81 – appeared at trial for Wyndham City Council (leading Kess Dovey) in a Supreme Court negligence action relating to archaeological advice as to the potential presence of aboriginal cultural artefacts and requirements to obtain a cultural heritage management plan under the Victorian Aboriginal Cultural Heritage Act for a council road infrastructure and wetland development project.

IBAC v others (2017 – 2018) – appeared for IBAC (leading Haroon Hassan) in an application to review initial suppression orders under the Open Courts Act made by the Magistrates’ Court and on a subsequent application for suppression orders in the County Court.

Northern Land Council and Waanyi/Garawa Aboriginal Land Trust v UAU Pty Ltd [2017] FCA 784 – appeared for the applicants on an interlocutory injunction to restrain entry on land within the area of a Land Trust.

Gischus v Gischus [2018] VCC 787 – acted and appeared for defendants in litigation (subsequently settled) commenced in the Supreme Court and transferred to the County Court alleging breach of contract and fiduciary duty, estoppel, non est factum, unconscionability and undue influence, claiming orders setting aside/avoiding a transaction and declarations of constructive or resulting trust; appeared on application for appointment of (under Rule 16.03(1)(b) of the County Court Civil Procedure Rules 2008) of a person to represent the deceased estate of the Plaintiff for the purposes of a proceeding and (under s17V of the County Court Act 1958 (Vic) and r84.02) for review by the court, constituted by a Judge, of the orders of a Judicial Registrar.

Willowbank Junction Pty Ltd v Sakic (2017) – appeared and acted for the defendant vendors in Supreme Court litigation (subsequently settled) brought by a land developer alleging implied contractual terms and unjust enrichment, failure of consideration and unjust enrichment and claiming return of moneys paid to the defendants under transaction documents relating to land within the urban growth boundary; counterclaim for declarations and delivery up of title documents and discharge of mortgage.

Sandiford v Pactera Technology and anor [2016] FWC 7778 – appeared for the defendants in defence of a “general protections application involving a dismissal” brought in the Fair Work Commission under the Fair Work Act 2009 seeking extensions of time under s.366(2) (claiming “exceptional circumstances”) and involving argument about s.340 (whether adverse action was taken “because” of a proscribed reason) and about the meaning of a “workplace right” under s.341, and raising jurisdictional objections concerning whether a party was a “constitutional corporation”.

In the Matter of an application by “AZ” an infant by “BZ” her litigation guardian – (2016) appeared pro bono as amicus curiae at the request of the Supreme Court (leading Haroon Hassan) on an application before Riordan J in the Supreme Court for a suppression order under the Open Courts Act.

Wheelahan v City of Casey and others (2011 – 2013) – appeared for City of Frankston (led by Greg Garde AM, RFD, QC and subsequently by Fiona McLeod SC) in the Stevensons Road landfill  multi-party Supreme Court litigation (subsequently settled) commenced as a class action by residents in the Brookland Greens housing estate in Cranbourne. 

Slattery v Manningham CC (Human Rights) [2013] VCAT 1869 and [2014] VCAT 1442 – acted and appeared for Manningham City Council (leading Nick Wood and subsequently Alexander Solomon-Bridge) in a discrimination complaint brought under the Equal Opportunity Act 2010 (Vic) (in which the Victorian Equal Opportunity and Human Rights Commission  intervened), involving the test of direct “discrimination” (under s.7 and 8), the issue of “reasonable adjustments” (under s.45) and declarations of breach of the Victorian Charter of Human Rights and Responsibilities Act regarding a council prohibiting a person from attending its buildings.

Christian Youth Camps v Cobaw Community Health Services [2014] VSCA 75; [2014] VSCA 113 - appeared for International Commission of Jurists, Geneva (led by Fiona McLeod SC and with Rupert Watters) as amicus curiae (pursuant to Court of Appeal grant of leave to file submissions) in appeal from VCAT – discrimination case concerning human rights to freedom from discrimination and freedom of religion – objection to participation of IJC made on ground it would create a reasonable apprehension of bias rejected, applying Livesey v New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 .  (Written submissions in appellant’s application for Special Leave to Appeal to the High Court (subsequently dismissed) filed on behalf of ICJ at direction of the High Court registry.)

Vintner Partners & Marketers v Bird in Hand Winery (County Court) (2012 -2013) - acted for the SA winery in a dispute concerning termination of a distribution agreement appearing  on interlocutory applications and mediations.

Howson v Wiley (County Court) (2011) (Misso J) - appeared at the trial for the plaintiffs, an elderly couple evicted from their home. A pro bono referral under the Victorian Bar’s Legal Assistance Scheme from PILCH Seniors Rights Legal Clinic, the case involved an application for appointment of litigation guardian and application of approval of settlement under Rule 15.08(1). 

Smart Saver Franchising P/L v Ausads Local P/L, We Save You Money P/L and others (Federal Court) (2011 - 2012) - appeared for respondent companies and officers to defend interlocutory injunction applications before Ryan J and Tracey J (leading Bradley Wright) seeking to enforce a contractual restraint against a former franchisee and its officers, alleged use of confidential information and breach of copyright.

Jasper and Anor v Beaton Consulting Pty Ltd and Ors (Supreme Court of Victoria, Commercial Court) (2008 - 2011) - acting for the plaintiffs (led by Rodney Garratt QC and then Nunzio Lucarelli QC) in shareholder oppression and employment claims (settled at mediation).

Partika Pty Ltd and Tank Chek (WA) P/L v Metric Group P/L (County Court) (2011) - appearing before Ginnane J and Shelton J on application by plaintiff for summary judgment in a claim under a deed of guarantee and indemnity.

Valentine v Emergency Services Superannuation Board [2010] VCAT 2130 - appeared for the applicant – superannuation.

Doran v Investor Financial Planning P/L (Federal Court, Bromberg J) (2009 – 2010) - appeared at trial, opposed to Mr Peter Riordan QC and Mr S McGregor.  (Doran v Investor Financial Planning Pty Ltd [2010] FCA 257 is an interlocutory ruling in the case.) 

Metro West v Sudi [2009] VCAT 2025 (President Bell J) - appeared for respondents pro bono under a referral from the Tenants Union of Victoria – residential tenancy eviction – definition of ''public authority'' under s4(1)-(5) of the Charter.

Dennis Hanger Pty Ltd v Brown & Ors [2007] VSC 495 – (led by Michael Shand QC) appeared for Plaintiff – conflict of interest – application to restrain solicitors acting for plaintiff and defendant in prior matter – Transfer of Land Act 1958 (Vic) – application for removal of caveat - misappropriated funds - constructive trust - whether funds can be traced to mortgage debt payments - serious question to be tried as to interest - balance of convenience.

ASIC, in the matter of GDK Financial Solutions Pty Ltd [2006] FCA 1415 - (led by Fiona McLeod SC) – appeared for ASIC – managed investment schemes – winding up of unregistered scheme.

ASIC v PFS Business Development Group Pty Ltd [2006] VSC 192 – appeared for ASIC – directors and officers duties (duty of care and diligence, to act in good faith and for a proper purpose, not to make improper use of position) – misleading and deceptive conduct and false statements – silence – statements  as to future matters.

ASIC v White and Ors [2006] VSC 239 – appeared for ASIC – disqualification from management – life and 7 year disqualifications - Corporations Act 2001 (Cth) ss. 206C, 206E.