Rw 6 Jg0592

Richard Wilson

Bar roll 1998 Admitted 1989
  • Commercial Law Employment & Industrial
  • Public Law
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Richard Wilson is an experienced advocate with a broad commercial practice as well as particular expertise in human rights law and in alternative dispute resolution

Richard appears as junior and leading counsel in superior court trials and appeals, and in commercial arbitrations. Richard's commercial practice extends across corporations, trade practices and banking law and providing legal advice in business matters. He is frequently engaged to advise and appear in cases involving the Victorian Charter of Human Rights. 

Richard has a Masters Degree in Law from the University of Melbourne and an Honours Degree in Law from the University of Adelaide. He is a current director of Justice Connect (formerly known as Public Interest Law Clearing House) and from 2011 to 2013 was an inaugural board member of List G Pty Ltd.

Contact

Correspondence
Chambers & Clerk

Aickin Chambers
Level 20 Room 5

200 Queen Street 
Melbourne VIC 3000 

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Appellate
  • Banking & Finance
  • Class Actions
  • Commercial Arbitration
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Equity & Trusts
  • Insurance
  • Real Property
  • Residential & Retail Tenancies
Employment & Industrial
  • Employment Contracts
  • Restraint of Trade
Public Law
  • Administrative Law
  • Appellate
  • Civil & Human Rights
  • Judicial Review

Qualifications

Qualifications

Bachelor of Laws (Hons)(Adel)

Master of Laws (Melb)

Admitted

Victoria

South Australia

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Commercial Law

Wheelahan v City of Casey (Victorian Supreme Court) (2011 – 2013) - currently appearing for the City of Frankston (originally led by Greg Garde AM, RFD, QC and now by Fiona McLeod SC) in a dispute with the City of Casey and the Metropolitan Waste Management Group in relation to the Stevensons Road landfill in litigation initially commenced by residents in the Brookland Greens housing estate in Cranbourne. 

Slattery v Manningham City Council - intervener Victorian Equal Opportunity and Human Rights Commission (VCAT) (2013) -appeared for Manningham City Council (leading Nick Wood and Alexander Solomon-Bridge) in a complaint of discrimination under the VictorianEqual Opportunity Act 2010 (Vic), a case involving the new test of discrimination under s.7 and 8 (direct discrimination) and s.45 (reasonable adjustments) and arguments under the Victorian Charter.

Christian Youth Camps v Cobaw Community Health Services(Victorian Court of Appeal) (2012 – 2013) - appearing for the International Commission of Jurists, Geneva (led by Fiona McLeod SC) as amicus curiae in appeal from VCAT in a discrimination case concerning the human rights to freedom from discrimination and freedom of religion.

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 also entailed 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 the respondent companies and their officers before Ryan J, and in a second application before Tracey J (leading Bradley Wright) to defend interlocutory injunction applications seeking to enforce a restraint clause 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 to 2011) - acting for the plaintiffs, initially led by Rodney Garratt QC and then Nunzio Lucarelli QC, this matter included a claim of 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) - acted for the plaintiffs, appearing before Ginnane J and Shelton ,J on an application for summary judgment in a claim under a deed of guarantee and indemnity.

Doran v Investor Financial Planning P/L (Federal Court, Bromberg J) (2009 – 2010) - appeared at trial, opposed to Mr Peter Riordan QC appearing with 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 the respondents.  A residential tenancy case which considered the definition of ''public authority'' under s4(1)-(5) of the Charter,  Richard acted pro bono under a referral from the Tenants Union of Victoria.

​ Other reported cases in which Richard has appeared:

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

Dennis Hanger Pty Ltd v Brown & Ors [2007] VSC 495 – appeared for the Plaintiff (led by Michael Shand QC)- 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 - appeared for the Plaintiff (led by Fiona McLeod SC)- managed investment schemes – winding up of unregistered scheme

ASIC v PFS Business Development Group Pty Ltd [2006] VSC 192 – appeared on behalf of 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 – disqualification from management – life and 7 year disqualifications - Corporations Act 2001 (Cth) ss. 206C, 206E

Louis Vuitton Malletier SA v Design Elegance Pty Ltd [2006] FCA 83, (2006) 67 IPR 611 – appeared on behalf of the respondent-whether breach of court order constitutes civil or criminal contempt – appropriate penalty – whether claim for contempt may be subject of settlement offer – Court’s discretion as to costs against party succeeding in claim of contempt

Pan Urban Watergate Pty Ltd v Graham Anor [2005] VSC 505 - appeared on behalf of the third party- misleading and deceptive conduct – s 52 of the Trade Practices Act 1974 (Cth); s 9 Fair Trading Act 1999

ASIC v Preston [2005] FCA 1805 - appeared on behalf of ASIC- soliciting roll-over of superannuation benefits to SMSFs – false or misleading statements – unconscionable conduct

ASIC v Kingsley Brown Properties P/L [2005] VSC 506 – appeared on behalf of ASIC- ASIC application for winding up of company on the just and equitable ground

King v AG Australia Holdings Ltd (formerly GIO Australia Holdings Ltd) [2003] FCA 543 – appeared on behalf of the application (led by Kristine Hanscombe SC) practice and procedure – particulars (Application for leave to appeal refused in King v AG Australia Holdings Ltd [2003] FCA 652)

Australian Liquor Marketers Pty Ltd v Tasman Liquor Traders Pty Ltd [2002] VSC 324 – appeared on behalf of the plaintiff before Habersberger J- injunction to restrain solicitors from acting – fiduciary duty of loyalty – solicitors acting for client in Queensland proceeding and against the same client in unrelated Victorian proceeding – no confidential information disclosed – undertakings by Victorian solicitors not to seek any information about Queensland proceeding

Memberships

Victorian Bar

Pro-Bono Committee

Indigenous Lawyers Committee

Health and Wellbeing Committee

Victorian Commercial Bar Association, Public Law section (formerly Secretary of the Public Law section) 

Human Rights Committee (until 2013)

Law Institute of Victoria

Administrative Law and Human Rights Section Executive Committee (Chair, 2013 to present)

Charter of Rights Committee (Chair, 2011) 

Reconciliation and Advancement Committee (Chair, 2011-2013)

Co-Chair of the Reconciliation Action Plan Working Group (2010 - 2012)

Member of the Indigenous Barristers Equal Opportunity Working Group (joint initiative between LIV and Victorian Bar)

LIV representative at meetings of the Legal Profession Reconciliation Network

Human Rights Committee

Access to Justice Committee

Mental Health in the Legal Profession Steering Group

Other

International Commission of Jurists, Victoria

Tarwirri, Indigenous Law Students & Lawyers Association of Vic, Associate Member