Practice Areas

  • Regularly briefed in appeals before the Full Federal Court and appeared in several High Court matters (both unled against silk and led by Walker SC). Experienced in Constitutional matters including Parliamentary Privilege and the scope of powers of Commonwealth agencies.

    Notable cases:

    • Leyonhjelm v Hanson-Young (2021) 282 FCR 341; [2021] FCAFC 22 – malice, qualified privilege, Parliamentary privilege, implied freedoms; High Court special leave application led by Littlemore QC

    • Commissioner of Australian Federal Police v Hart (2018) 262 CLR 76; [2018] HCA 1, High Court appeal from (2016) 336 ALR 492; [2016] QCA 284 – federal Proceeds of Crime legislation, led by Walker SC, with the Attorney-General for the Commonwealth (Donaghue SG-QC) intervening

    • Alford v Parliamentary Joint Committee on Corp and Financial Services (2018) 264 CLR 289; [2018] HCA 57 – Parliamentary privilege, coercive powers of the Senate and its committees, unled against del Villar (now KC), with the Attorney-General for the Commonwealth (Free SC) intervening

    • Fletcher  v Nextra Australia Pty Ltd [2015] FCAFC 52 – online blog article by director and co-owner of rival newagency franchise group, whether publication of article on the blog was conduct in trade or commerce, whether misleading or deceptive

    • Crosby v Kelly (2012) 203 FCR 451; [2012] FCAFC 96 – established the jurisdiction of the Federal Court for hearing defamation claims; unled before the Full Court and in High Court special leave hearing against McClintock SC, with the Attorneys-General for the Commonwealth (Howe QC), ACT (Garrison) and Northern Territory (Grant QC) intervening: [2013] HCATrans 17

    • Walsh v Walsh [2012] NSWCA 57 – equitable estoppel and implied terms in relation to shares and associated water rights

    • Ruaro v Holcomm Marine Pty Ltd [2008] FCAFC 174 (led by Applegarth SC, later J) – appeal from Ruaro v Ferrari [2007] FCA 2022 (unled) – implied terms under s 74 Trade Practices Act, proper construction of mooring agreement, misleading conduct, negligence

  • Regularly retained by liquidators to conduct public examinations and otherwise to advise on questions arising in winding up, including judicial directions and supervision.

    Currently retained for ASIC-funded public examination of major building company in Sydney including allegations of fraud and forgery of signatures on construction contracts and for bankruptcy trustee unwinding sham transactions involving real property and identity theft.

    Notable cases:

    • Barnden (Trustee), in the matter of Ross (Bankrupt) v Macedo (No 2) [2026] FCA 8 – ex parte application by bankruptcy trustee for freezing orders against mortgagee

    • Chen v College of Building Ltd [2015] ACTSC 19 – service of statutory demand

    • Highup Pty Ltd (in liq) v Gubas (2014) 226 FCR 541; [2014] FCA 1170 – s 588FF voidable and uncommercial transactions

    • Cal Consulting Pty Ltd (in liq) v Lloyd [2013] FCA 1192 – approval of compromise of proceedings brought by liquidators pursuant to ss 477 and 511 of the Corporations Act

    • Gosford Christian School Ltd v Totonjian (2006) 201 FLR 424; [2006] NSWSC 725 – validity of corporate resolutions, proper construction of constitution, exercise of powers under s 250D and effect of s 249B of the Corporations Act

  • Leading junior in defamation, regularly briefed to advise in relation to current and former Federal and State politicians and other public figures. Most defamation claims are (sensibly) resolved using the machinery of concerns notices and offers to make amends  combined with mediation. Expertise on defamation involving information technology evidence including social media including Facebook, Twitter/X, TikTok and Youtube

    Notable cases:

    • Leyonhjelm v Hanson-Young (2021) 282 FCR 341; [2021] FCAFC 22 – malice, qualified privilege, Parliamentary privilege, implied freedoms; High Court special leave application led by Stuart Littlemore QC

    • Alford v Fairfax Media Publications Pty Ltd & Ors; Alford v Fraser & Ors – Federal Court claims against Sydney Morning Herald for series of articles about Retail Food Group

    • Crosby v Kelly (2012) 203 FCR 451; [2012] FCAFC 96 – established the jurisdiction of the Federal Court for hearing defamation claims; unled with junior (Watson) before Full Court and in High Court special leave hearing against McClintock SC, with the Attorneys-General for the Commonwealth (Howe QC), ACT (Garrison) and Northern Territory (Grant QC) intervening: [2013] HCATrans 17

  • Expertise in software copyright and other digital artefacts, including doctoral thesis “Knowledge and Innovation in Intellectual Property: The Case of Computer Program Copyright”. Experienced in appearing before IP Australia registrar disputes and appeals and Federal Court proceedings. Equitable remedies including passing off, breach of confidence and fiduciary duty. My article on fiduciary duties in Australian Bar Review approved by the Full Federal Court and the NSW Court of Appeal.

    Notable cases:

    Watson as Trustee for Watson Family Trust v Lush Australasia Retail Pty Ltd (Federal Court) – claim for trade mark infringement by sale of Lush of “knot wraps”, cross-claim for removal or cancellation of trade mark, non-use, ownership, honest concurrent use, good faith (current proceedings)

    Watson as Trustee for Watson Family Trust v Cosmetic Warriors Ltd (2022) 167 IPR 494; [2022] FCA 700, appeal from trade mark removal proceedings (2020) 156 IPR 126; [2020] ATMO 29 – alleged non-use of “Lush” clothing mark, challenges to ownership

    Jewelscan Pty Ltd v Phenix Jewellery Pty Ltd (2012) 98 IPR 487; [2012] ATMO 85 – trade mark opposition, bad faith, ownership

    Rimmington v Zen Do Kai Pty Ltd (2002) 57 IPR 127; [2002] ATMO 114 – trade mark opposition proceedings, whether mark “Zen Do Kai” distinguishes Karate

  • Experienced in conducting trials and appeals in trading and commercial disputes, particularly misleading conduct claims and consumer protection provisions of the Australian Consumer Law, competition law under Part IV of the Competition and Consumer Act 2010 (Cth), as well as equitable remedies involving breaches of fiduciary duties by directors and trustees.

    Notable cases:

    • Fletcher  v Nextra Australia Pty Ltd [2015] FCAFC 52, appeal from[2014] FCA 399 – online blog article by director and co-owner of rival newagency franchise group, whether publication of article on the blog was conduct in trade or commerce, whether misleading or deceptive or matters of opinion

    • Walsh v Walsh [2012] NSWCA 57, appeal from [2011] NSWSC 271 – equitable estoppel and implied terms in relation to shares and associated water rights

    • Madison Constructions Pty Ltd v Empire Building Group (ACT) Pty Ltd (2012) 201 FCR 226
      – misleading and deceptive conduct, passing off, injunction principles

    • Londy v Van Nieuwburg [2014] QSC 290 – strike out of pleadings of claims for breaches of fiduciary duties by trustee de son tort and tracing under first limb of Barnes v Addy

    • ACCC v TF Woolam & Son Pty Ltd (2011) 196 FCR 212; [2011] FCA 973, ACCC v TF Woollam & Sons Pty Ltd (No 2) [2011] FCA 1216 – Part IV civil penalty proceedings alleging collusive tendering practices in the Queensland building industry (led by Lilley SC)

    • Khoury v Sidhu [2011] FCAFC 71 – whether a claim brought under the former s 87 of the Trade Practices Act 1974 was an apportionable claim; the Full Federal Court failed to decide the question, but my appeal point was later upheld: [2014] FCAFC 65

    • White v Douglas Ian Stewart Financial Services Pty Ltd [2011] QSC 81 – misleading conduct by investment advisor, proper construction of joint venture agreement, accessory liability

    • Ruaro v Holcomm Marine Pty Ltd [2008] FCAFC 174 (led by Applegarth SC) – appeal from Ruaro v Ferrari [2007] FCA 2022 (unled) – implied terms under s 74 Trade Practices Act, proper construction of mooring agreement, misleading conduct, negligence