Hemmant's List
Estate Law

Hemmant’s List provides a single point of contact to identify the right barrister for the client’s needs, from a diverse list of counsel, based on experience, expertise and cost.  The diversity of the list assists those seeking to support equitable briefing practices.  Find out more

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List Clerk

The List Clerk can advise which barrister is suitable for the brief by virtue of his or her experience, expertise, availability and cost.

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List Barristers

The barristers on the List can be contacted directly for enquiries as to availability and cost if preferred.

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The right barrister for the brief

Solicitors and clients may make informed choices as to who to brief by enquiry of the clerk or use of the website.

Find
A Barrister

Step 1 - Shortlist suitable candidates

Zoë Brereton

Zoë Brereton was called to the Queensland Bar in October 2021. Zoë has over 24 years’ experience as a lawyer, having previously practiced as a solicitor being first admitted in England and Wales in 1997 and then in Australia in 2006, including as principal of her own private practice. Zoë practises in a broad range of commercial matters, family law,…

Zoë Brereton

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Commercial Law
  • Estate Law
  • Family Law
  • Inquests & Inquiries

Overview

Zoë Brereton was called to the Queensland Bar in October 2021. Zoë has over 24 years’ experience as a lawyer, having previously practiced as a solicitor being first admitted in England and Wales in 1997 and then in Australia in 2006, including as principal of her own private practice.

Zoë practises in a broad range of commercial matters, family law, domestic violence, estate litigation and immigration law.

Zoë is also a nationally accredited mediator (NMAS).

In addition to Zoë’s undergraduate qualifications in Law, she holds a Post Graduate qualification in Australian Migration Law and Practice from the Australian National University.

Other relevant affiliations and positions held by Zoë are:

Member of the Queensland Bar Association

Member of the Family Law Practitioners’ Association

Treasurer of the Gold Coast Bar Association

Member of Gold Coast District Law Association

Member of LawRight

Caite Brewer

Caite’s practice revolves around estate and trust litigation. More specifically, she provides advice and appears in matters involving contested probate, succession law, superannuation, powers of attorney and breaches thereof, equitable actions to overturn inter vivos transactions, and trust litigation (such as removal and appointment of trustees). Caite is consistently briefed in significant matters, by the major law firms that operate…

Caite Brewer

Areas of Practice

  • Alternative Dispute Resolution
  • Equity & Trusts
  • Estate Law
  • Taxation Law

Overview

Caite’s practice revolves around estate and trust litigation.

More specifically, she provides advice and appears in matters involving contested probate, succession law, superannuation, powers of attorney and breaches thereof, equitable actions to overturn inter vivos transactions, and trust litigation (such as removal and appointment of trustees).

Caite is consistently briefed in significant matters, by the major law firms that operate in her areas of expertise.  She is also sort after as an Estate Law Mediator.

Prior to commencing practice as a barrister in Brisbane, Caite was employed as a solicitor for 11 years.

Caite has been consistently highly ranked in Doyle’s Guide. Every year since 2017 she has been recognised as preeminent or market leading within her areas of expertise, most recently:

Caite is a QLD Law Society Accredited Specialist in Succession Law and a member of the Hemmant’s List Estate Law Group.

Dr Pip Coore

Dr Pip Coore practices predominately in the areas of equity, trusts and succession law. Pip regularly advises on a range of estate matters, including: lost and informal will applications; the interpretation and administration of wills and trusts; applications by personal representatives and trustees for judicial advice and directions; the removal of personal representatives; solemn form probate proceedings; and family provision…

Dr Pip Coore

Areas of Practice

  • Administrative & Public Law
  • Appellate
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Inquests & Inquiries
  • Property Law
  • Taxation Law

Overview

Dr Pip Coore practices predominately in the areas of equity, trusts and succession law.

Pip regularly advises on a range of estate matters, including:

  • lost and informal will applications;
  • the interpretation and administration of wills and trusts;
  • applications by personal representatives and trustees for judicial advice and directions;
  • the removal of personal representatives;
  • solemn form probate proceedings; and
  • family provision applications.

She also appears at mediations in succession law matters.

Pip has been recognised in Doyle’s Guide as a Leading Wills and Estates Litigation Junior Counsel in Queensland.

While Pip specialises in equity, trusts and estate law, she has also appeared in taxation appeals and administrative law matters.

Pip holds a DPhil in Law and a Master of Studies in Legal Research from the University of Oxford.  She also holds a Bachelor of Laws (Graduate Entry) (Hons) from Queensland University of Technology and a Bachelor of Journalism and a Bachelor of Communication, majoring in Public Relations, from the University of Queensland.

Prior to being called to the Bar, Pip was the Senior Associate to the Honourable Justice Edelman of the High Court of Australia.

Pip is a member of the STEP Queensland Committee, the Fellowship Fund Inc. Committee and the Graduate Women Queensland Committee.

Marjorie Daley

Marjorie was called to the Bar in 2021, following more than 10 years’ practice as a senior lawyer at a national law firm in which she worked in its Canberra, Melbourne and Brisbane offices.  Marjorie also worked for three years in Oxford, England, in a boutique professional indemnity law firm. Marjorie has broad experience acting for government and private sector…

Marjorie Daley

Areas of Practice

  • Administrative & Public Law
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Inquests & Inquiries

Overview

Marjorie was called to the Bar in 2021, following more than 10 years’ practice as a senior lawyer at a national law firm in which she worked in its Canberra, Melbourne and Brisbane offices.  Marjorie also worked for three years in Oxford, England, in a boutique professional indemnity law firm.

Marjorie has broad experience acting for government and private sector clients and their insurers as well as a extensive general commercial litigation practice.

In insurance law her experience includes:

  • acting for the Legal Practitioners’ Liability Committee and its insured legal practitioners and barristers in the defence of negligence claims
  • acting for Australian and international insurers in the defence of all financial lines negligence claims (architects, legal practitioners, accountants and other construction professionals)
  • Supreme Court multi party litigation arising from declinature of insurance cover
  • providing coverage advice on a broad range of policies of insurance (D&O, public and products liability, professional indemnity and project specific construction insurance)
  • acting for the Victorian Managed Insurance Authority (VMIA)  in the defence of civil claims commenced against Victorian government departments and statutory agencies
  • providing legal liability advice to Australian government departments and agencies and their insurer, Comcover, in respect of civil claims and advising them in respect of their obligations under the Legal Services Directions 2017 (Cth)
  • providing insurance related due diligence advice in mergers and acquisition transactions, particularly in the field of construction

In commercial litigation her experience includes:

  • acting for a building construction contractor in the Supreme Court of Queensland alleging breach of contract and negligence by its sub-contractor in respect of the use of aluminium composite panel cladding on a multi-story commercial building
  • advising liquidators on the formulation of a claim against a firm of auditors alleging negligence, breach of contract and breach of statutory duties under the Corporations Act 2001 (Cth) in respect of a failed managed investment scheme
  • acting for a company in the defence of preference claims brought by the liquidator of Gunns Limited (Tasmanian sawmill)
  • acting for a Commonwealth Government department in the defence of a high value loss of opportunity claim arising from a dispute over the Commonwealth’s obligations in a deed of grant. This required qualifying experts in forensic accounting, market share economics and geospatial surveying

Marjorie holds a Bachelor of Arts (History) and a Bachelor of Laws (Hons) from the University of Queensland.

Marjorie’s curriculum vitae is available on request.

Geoff Diehm QC

Geoffrey Diehm KC

Geoffrey Diehm KC commenced practice as a barrister at the Brisbane bar in 1991. He took silk in 2008. He holds an LLB and an LLM from the Queensland University of Technology. He practices in health law, insurance and personal injuries law, public and administrative law, commercial law and succession law. He has regularly appeared in Federal and State superior…

Geoff Diehm QC

Geoffrey Diehm KC

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Estate Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law
  • Property Law

Overview

Geoffrey Diehm KC commenced practice as a barrister at the Brisbane bar in 1991. He took silk in 2008.

He holds an LLB and an LLM from the Queensland University of Technology.

He practices in health law, insurance and personal injuries law, public and administrative law, commercial law and succession law. He has regularly appeared in Federal and State superior courts as well as the Land Court, the Coroners Court and various tribunals.

He has extensive experience representing hospitals, medical practitioners and other health care providers in civil proceedings, administrative proceedings including disciplinary proceedings, and in inquests. He has appeared for a variety of clients in a number of Commissions of Inquiry. He regularly acts for and advises governments and agencies of government, corporations, insurers and individuals in a wide range of matters.

He is an experienced trial and appellate counsel and has been involved in very many mediations, as well as having acted as a mediator and an arbitrator.

Jane FitzGerald

After more than 10 years as a solicitor with large national and international firms, Jane commenced practice as a barrister in 2009.  As an advocate she has a broad practice including commercial, insurance, personal injury, professional negligence, medical negligence, building and construction, administrative, estate and family disputes. As a mediator she has worked with public, corporate and private clients involved…

Jane FitzGerald

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Family Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

After more than 10 years as a solicitor with large national and international firms, Jane commenced practice as a barrister in 2009.  As an advocate she has a broad practice including commercial, insurance, personal injury, professional negligence, medical negligence, building and construction, administrative, estate and family disputes. As a mediator she has worked with public, corporate and private clients involved in a range of family, commercial, personal and interpersonal disputes.

Jane appears alone and as junior counsel in applications, trials, appeals and other hearings in both State and Federal jurisdictions.  She holds degrees in Law and Business (Accounting) from QUT, as well as a Master Advocate Designation from the National Institute of Trial Advocacy in the US.  She is nationally accredited mediator, an accredited farm debt mediator and an FRDP. She has chambers in Brisbane and also on the Gold Coast.

In addition to her practice at the Bar, she has taught advocacy and trial skills to trial lawyers and barristers in Australia, Bhutan and the US since 2010.

 

Emma Fitzgerald

As a solicitor, Emma spending 8 years working in Government and Private Practice in defendant insurance litigation representing insurers in both personal injuries and property damage litigation.  She then went on to establish the Financial Abuse Prevention team at a Queensland community legal service. Emma has been at the bar since April 2021.  She has a broad practice in what…

Emma Fitzgerald

Areas of Practice

  • Administrative & Public Law
  • Civil Litigation
  • Commercial Law
  • Employment & Industrial Relations
  • Equity & Trusts
  • Estate Law
  • Family Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law
  • Taxation Law

Overview

As a solicitor, Emma spending 8 years working in Government and Private Practice in defendant insurance litigation representing insurers in both personal injuries and property damage litigation.  She then went on to establish the Financial Abuse Prevention team at a Queensland community legal service.

Emma has been at the bar since April 2021.  She has a broad practice in what she calls ‘human’ law – including personal injuries, insurance, consumer law, abuse law, guardianship, wills & probate, family law and domestic violence.

Emma is regularly briefed to appear both led and unled in State and Federal Courts.

Emma is a proud single mum and mental health advocate and regularly speaks about her experience.

If you believe Emma can assist you or your clients, are interested in coming to the bar, or ever feel the need to phone a friend – Emma warmly welcomes a phone call or a visit to the Hemmant’s List Centre for a cup of tea.

Karen Gaston

Karen is an accomplished commercial litigator with significant expertise in succession, equity and trusts.  She has a special interest in estate litigation with a commercial aspect, including company, partnership and trust disputes and disputes involving equitable causes of action and remedies. She accepts briefs in all areas of succession law, including family provision applications, solemn form probate actions, will construction…

Karen Gaston

Areas of Practice

  • Administrative & Public Law
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Property Law
  • Taxation Law

Overview

Karen is an accomplished commercial litigator with significant expertise in succession, equity and trusts.  She has a special interest in estate litigation with a commercial aspect, including company, partnership and trust disputes and disputes involving equitable causes of action and remedies.

She accepts briefs in all areas of succession law, including family provision applications, solemn form probate actions, will construction and cy pres applications, statutory wills and proceedings involving enduring powers of attorney.  Karen also accepts briefs which concern superannuation entitlements.

In the conduct of litigation which often involves complex law, and which is factually dense, Karen is known both for her strategic approach and her attention to detail.

Prior to her call to the Bar, Karen was a Queensland Law Society Accredited Specialist in succession law, becoming accredited in 2013.

Doyle’s Guide  ranks Karen as one of only a handful of leading Wills & Estates Litigation Junior Counsel.

Kirsty Gothard

Kirsty has been a barrister in private practice at the Queensland Bar based in Brisbane since February 2012. Prior to commencing practice at the Queensland Bar, Kirsty was employed as a solicitor in the commercial litigation division of a national law firm. Her practice extends to a wide range of commercial matters in both the State and Federal jurisdictions, including…

Kirsty Gothard

Areas of Practice

  • Appellate
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Kirsty has been a barrister in private practice at the Queensland Bar based in Brisbane since February 2012.

Prior to commencing practice at the Queensland Bar, Kirsty was employed as a solicitor in the commercial litigation division of a national law firm.

Her practice extends to a wide range of commercial matters in both the State and Federal jurisdictions, including E-Trial experience.

Areas of specialty include mining and construction, corporate and personal insolvency, banking and finance, contract law, commercial and residential leases.

William Isdale

William was called to the Bar in May 2023. Prior to being called to the Bar, William worked: as an Associate at a top tier law firm (focusing on commercial and regulatory work for financial services clients), and as a Senior Legal Officer at the Australian Law Reform Commission (working on the Corporations and Financial Services Inquiry). William has a…

William Isdale

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Employment & Industrial Relations
  • Equity & Trusts
  • Estate Law
  • Inquests & Inquiries
  • Property Law
  • Taxation Law

Overview

William was called to the Bar in May 2023.

Prior to being called to the Bar, William worked:

  • as an Associate at a top tier law firm (focusing on commercial and regulatory work for financial services clients), and
  • as a Senior Legal Officer at the Australian Law Reform Commission (working on the Corporations and Financial Services Inquiry).

William has a broad civil practice, with a focus on commercial and regulatory matters. He appears in all State and Federal Courts and Tribunals.

Previously he has served as an Associate to the Hon. Justice Dowsett AM on the Federal Court of Australia, and before that to Commissioner Graeme Neate AM on the Queensland Industrial Relations Commission and Industrial Court of Queensland.

William holds a Bachelor of Arts and a Bachelor of Laws (Honours) from the University of Queensland, a LLM in International Financial and Commercial Law from King’s College London, and a PhD in Law from the University of Queensland.

He was the recipient of the Holt Prize in 2021 for his PhD thesis, which has since been published as a book by The Federation Press.

Llewellyn Judd

Before coming to the Bar, Llewellyn was a solicitor at several leading mid-tier firms in Sydney and Brisbane practising in their liability insurance and corporate recovery teams. In his varying capacities, Llewellyn’s responsibilities included the management of high-volume recovery actions and large-scale multi-party litigation. At the Bar, Llewellyn has a broad civil practice that encompasses commercial law, personal and corporate…

Llewellyn Judd

Areas of Practice

  • Civil Litigation
  • Commercial Law
  • Employment & Industrial Relations
  • Equity & Trusts
  • Estate Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law
  • Property Law
  • Taxation Law

Overview

Before coming to the Bar, Llewellyn was a solicitor at several leading mid-tier firms in Sydney and Brisbane practising in their liability insurance and corporate recovery teams. In his varying capacities, Llewellyn’s responsibilities included the management of high-volume recovery actions and large-scale multi-party litigation.

At the Bar, Llewellyn has a broad civil practice that encompasses commercial law, personal and corporate insolvency law, class actions, competition and consumer law, professional negligence law, succession law, taxation debt recoveries, insurance and personal injury law, both Queensland and New South Wales.

Llewellyn has appeared on trials and applications in the Federal Court of Australia, the Supreme Courts of Queensland and New South Wales, all other state courts of Queensland and New South Wales, and the civil and administrative tribunals of Queensland and New South Wales. He has appeared as junior counsel on appeals to the intermediate appellate courts of Queensland and New South Wales.

On numerous occasions, Llewellyn has represented parties at mediation and in other forms of alternative dispute resolution.

Llewellyn is admitted to the High Court of Australia.

Katrina Kluss

Katrina practices predominantly in the areas of: estate and trust litigation (including contested probate, family provision, construction and rectification, statutory wills, informal wills, and breaches of trust); professional and medical negligence; public and product liability (including related insurance law matters of policy and contract interpretation, indemnity and contribution). Katrina has been recognised in Doyle’s Guide as a Recommended Wills and…

Katrina Kluss

Areas of Practice

  • Administrative & Public Law
  • Civil Litigation
  • Equity & Trusts
  • Estate Law
  • Personal Injuries and Health Law

Overview

Katrina practices predominantly in the areas of:

  • estate and trust litigation (including contested probate, family provision, construction and rectification, statutory wills, informal wills, and breaches of trust);
  • professional and medical negligence;
  • public and product liability (including related insurance law matters of policy and contract interpretation, indemnity and contribution).

Katrina has been recognised in Doyle’s Guide as a Recommended Wills and Estates Litigation Junior Counsel Queensland in 2019 and 2020, and a Leading Wills and Estates Litigation Junior Counsel in 2021, 2022 and 2023.

She regularly appears in contested applications, trials, mediations and conferences. She is a member of Society for Trust and Estate Practitioners, the Australian Insurance Lawyers Association, and the Australian Society of Legal Philosophy.

Katrina holds undergraduate degrees in Law (Hons) and Psychological Science, an LLM (Applied Law), and a PhD in Law.

David Marks KC

David is a commercial silk principally with interests in tax and revenue law as well as an established general Chancery practice. David also regularly appears for parties in commercial and administrative law disputes involving issues ranging from commercial contracts to professional negligence; and company disputes to reviewing tax posture of large corporations. David also appears in private client matters, about…

David Marks KC

Areas of Practice

  • Administrative & Public Law
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Inquests & Inquiries
  • Property Law
  • Taxation Law

Overview

David is a commercial silk principally with interests in tax and revenue law as well as an established general Chancery practice.

David also regularly appears for parties in commercial and administrative law disputes involving issues ranging from commercial contracts to professional negligence; and company disputes to reviewing tax posture of large corporations.

David also appears in private client matters, about trusts and estates.

David has increasingly been involved in professional conduct matters, principally as a member of STEP’s disciplinary panel.

Details of the matters David has been involved in can be reviewed on his personal website.

While chambers are in Brisbane, Australia he accepts instructions to appear and acts for clients in all Australian jurisdictions.

Prior to being called to the Bar, David worked at a solicitors’ firm for 10 years in the area of tax law. David was called to the private Bar in 2000 and took silk in 2015.

David has developed a particular practice in accepting instructions for opinion briefs from accountants who are members of the major professional associations.

David has been consistently recognised in Doyle’s Guide as:

  • Leading Wills and Estates Litigation Senior Counsel – Australia 2021
  • Leading Wills and Estates Litigation Senior Counsel – Queensland 2019, 20202021, 2022 and 2023
  • Leading (Preeminent) Taxation Barrister (Senior Counsel)– Queensland 2018, 201920202021, 2022 and 2023
Jessica B and W

Jessica McClymont KC

Prior to commencing practice as a barrister, Jessica practised as a solicitor and was a Queensland Law Society Accredited Specialist in personal injuries law. She has practised almost exclusively in that area, over the course of her legal career spanning more than 20 years. Jessica’s practice is spread across all aspects of personal injuries law. She is a panel member…

Jessica B and W

Jessica McClymont KC

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Estate Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law

Overview

Prior to commencing practice as a barrister, Jessica practised as a solicitor and was a Queensland Law Society Accredited Specialist in personal injuries law.

She has practised almost exclusively in that area, over the course of her legal career spanning more than 20 years.

Jessica’s practice is spread across all aspects of personal injuries law.

She is a panel member of most major insurers within the Queensland jurisdiction, including WorkCover Queensland, Suncorp CTP and General Insurance and Q-Comp.

She accepts instructions on behalf of both plaintiffs and defendants.

Ryan Nattrass

Mr Ryan Nattrass is a barrister first called to the Queensland Bar in May 2022. Ryan predominantly practises in commercial litigation, insurance, and administrative and public law. Ryan maintains a broad practice but has particular experience in matters relating to judicial and merits review, professional liability (including civil claims, regulatory proceedings, and insurance coverage), and health (including inquests and inquiries,…

Ryan Nattrass

Areas of Practice

  • Administrative & Public Law
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law

Overview

Mr Ryan Nattrass is a barrister first called to the Queensland Bar in May 2022.

Ryan predominantly practises in commercial litigation, insurance, and administrative and public law. Ryan maintains a broad practice but has particular experience in matters relating to judicial and merits review, professional liability (including civil claims, regulatory proceedings, and insurance coverage), and health (including inquests and inquiries, and matters involving the parens patriae jurisdiction).

Prior to coming to the Bar, Ryan practised as a solicitor in national firms in Australia and the United Kingdom, and also as a financial lines claims manager for one of the world’s largest insurance intermediaries. Ryan has a collaborative and pragmatic approach to litigation.

In addition to private work, Ryan is a member of LawRight and the Caxton Legal Centre. Ryan is also a sessional academic at the QUT Law School.

Trudy

Trudy Naylor

Trudy was called to the Bar in 2017 after practising as a solicitor for over 19 years, 10 years of which she was a Partner at McCullough Robertson.  As a barrister, she continues to focus on her previous practice areas of insurance advisory and litigation, and wills and estate litigation. Trudy was a WorkCover Queensland panel lawyer for over 8…

Trudy

Trudy Naylor

Areas of Practice

  • Alternative Dispute Resolution
  • Civil Litigation
  • Employment & Industrial Relations
  • Equity & Trusts
  • Estate Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law

Overview

Trudy was called to the Bar in 2017 after practising as a solicitor for over 19 years, 10 years of which she was a Partner at McCullough Robertson.  As a barrister, she continues to focus on her previous practice areas of insurance advisory and litigation, and wills and estate litigation.

Trudy was a WorkCover Queensland panel lawyer for over 8 years and has also acted for a range of Australian and international insurers, insurance brokers, banks, financial planners and private clients.

Trudy advises on a broad range of insurance matters including directors’ and officers’ liability, professional indemnity, workers’ compensation, public and products liability, medical indemnity and indemnity disputes.

Trudy also has a particular interest in will, estate and trust litigation, including family provision applications and solemn form probate proceedings.  She advises and appears for individuals, charities, trustee companies, lawyers, accountants and financial advisers in this area.

Trudy has been recognised as Leading Wills and Estates Litigation Junior Counsel – Queensland (Recommended) every year since 2019.  Trudy was again recently recognised in Doyle’s Guide as a recommended Estate Litigation Junior Counsel in August 2023.

Shane Ogden

Shane was called to the Bar in May 2023. Prior to coming to the Bar, Shane practiced as a Commerical Law solicitor in top tier firms in Australia and the United Kingdom. Shane has a broad commercial practice and accepts briefs in number of sectors including: Mining Gas Defence Government Banking Energy Telecommunications Manufacturing and Professional Services He also has…

Shane Ogden

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Estate Law
  • Inquests & Inquiries
  • Personal Injuries and Health Law
  • Resources, Construction & Infrastructure Law

Overview

Shane was called to the Bar in May 2023.

Prior to coming to the Bar, Shane practiced as a Commerical Law solicitor in top tier firms in Australia and the United Kingdom.

Shane has a broad commercial practice and accepts briefs in number of sectors including:

  • Mining
  • Gas
  • Defence
  • Government
  • Banking
  • Energy
  • Telecommunications
  • Manufacturing and
  • Professional Services

He also has Class Action, International Arbitration, Expert Determination, and Royal Commission experience.

Shane also has experience in professional negligence, historical sexual abuse claims, and succession.

More details are available on Shane’s own website.

Joshua Pemberton

Joshua was called to the Bar in 2020, following more than eight years practice as a lawyer in senior positions (including Principal) in the Litigation Branch of the Queensland Department of Environment and Science. Joshua has a keen interest in the areas of white-collar and regulatory crime and administrative law, specifically judicial and merits review, having developed significant expertise in…

Joshua Pemberton

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Crime
  • Employment & Industrial Relations
  • Estate Law
  • Inquests & Inquiries
  • Native Title Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Joshua was called to the Bar in 2020, following more than eight years practice as a lawyer in senior positions (including Principal) in the Litigation Branch of the Queensland Department of Environment and Science.

Joshua has a keen interest in the areas of white-collar and regulatory crime and administrative law, specifically judicial and merits review, having developed significant expertise in these areas throughout his career.  In this space, Joshua’s deep insight into in-house Government regulatory authorities, and their processes, places him in a unique position to achieve successful outcomes, both negotiated and in Court, for government and private clients.

Since coming to the Bar, Joshua has maintained a broad Public Law and Commercial practice as well as regularly taking briefs in Judicial and Merits reviews, Criminal & Quasi-Criminal, Planning and Environment, Land and Property, and Commercial matters, often with a significant Public Law aspect.  Joshua regularly advises and appears for government and private sector clients across all Queensland and Federal jurisdictions.

In Public law recent experience includes:

  • Acting for the former Public Trustee of Queensland against the Queensland Crime and Corruption Commission in a successful appeal in the Queensland Court of Appeal and the High Court of Australia.
  • Acting for Agforce Queensland in a Judicial review against a decision by the Federal Minister for the Environment.
  • Acting for the State of Queensland in Judicial review proceedings that sought to challenge the Covid-19 ‘High-risk setting’ directive.
  • Advising the Office of Liquor and Gaming Regulation on matters involving the recent inquiry into the Star Casino operations in Queensland.
  • Acting for private clients challenging a directive under the National Health Act 1953 (Cth) in the Federal Court (now the subject of a Full Federal Court Appeal).
  • Acting for private clients in disciplinary matters against the QBCC in the Queensland Civil and Administrative Tribunal.
  • Acting for private and government clients in the Queensland Civil and Administrative Tribunal in human rights, anti-discrimination, and merit review of administrative decisions, including state taxation, firearms, and building certification matters.
  • Acting for Government clients in the Queensland Civil and Administrative Appeal Tribunal in appeals against merits review decisions.
  • Acting for and advising Government Departments and private clients in the Land Court in relation to valuation disputes, mining objections, and merits reviews under the Environmental Protection Act 1994 (Qld).
  • Acting for and advising Government Departments and private clients in the Planning and Environment Court in relation to merits reviews under the Environmental Protection Act 1994 (Qld).
  • Advising a statutory authority on specific questions arising from the interaction between its licensing regime and the Human Rights Act 2019 (Qld).
  • Advising Local Councils in relation to Native Title Claims.
  • Advising a private client on options for challenging a development approval under a local planning scheme in circumstances where the matter of the approval was attended with an error of law.
  • Advising various State Government Departments, Agencies, and private clients on statutory construction emanating from various Queensland and Federal enactments.

In Civil disputes recent experience includes:

  • Acting for and advising a large pastoral client in a successful Supreme Court application regarding the interpretation of a ‘give and take’ agreement and ss 53 and 55 of the Property Law Act 1975 (Qld) and successfully resisting an Appeal to the Queensland Court of Appeal.
  • Acting for a private client in a large civil action regarding building certification works undertaken on a childcare centre.
  • Acting for the State of Queensland in a malicious prosecution and misfeasance in public office action against the State of Queensland and others.
  • Acting for and advised private clients in property matters involving beneficial equitable interests in property including seeking declarations for constructive trusts.
  • Acting for a private client in a simple private nuisance and trespass to land claim involving over-excavating land.
  • Acting for a de facto partner of a deceased in a family provision application in the Supreme Court of Queensland.
  • Acting for a private client in a complicated failed joint venture claim involving the operation of a regional hotel.

In Criminal and Quasi-Criminal Law recent experience includes:

  • Acting as a prosecutor for the Crown in a large complex indictable prosecution for offences under the Environmental Protection Act 1994 (Qld).
  • Acting as a prosecutor for the Queensland Fire and Emergency Service (QFES) in a summary trial for 19 offences under the Fire and Emergency Services Act 1990 (Qld) and the Building Fire Safety Regulation 2008 (Qld).
  • Acting for police officer defendants against private prosecutions brought under the Justices Act 1886 (Qld), successfully having those matters struck out or permanently stayed.
  • Acting for police officer defendants in an appeal to the Supreme Court from the decisions of the Magistrates Court to strike out complaints and successfully resisting that appeal.
  • Acting for QFES as the respondent to an appeal against conviction under s 222 of the Justices Act 1886 (Qld) in the District Court and successfully resisting the appeal.
  • Advised government and private clients on matters of regulatory compliance in relation to the Planning Act 2016 (Qld), Environmental Protection Act 1994 (Qld), and Building Act 1975 (Qld).
  • Acting for a private client in negotiating a successful outcome regarding significant environmental non-compliance to avoid prosecution.
  • Acting for a private commercial entity defending a development offence under the Planning Act.
Angela Rae

Angela Rae

Angela Rae’s principal expertise is in commercial litigation and advisory work, as well as estate matters.  In particular, she practices in: company law disputes, including regulatory matters professional liability of directors and officers, particularly in financial advice insolvency (both corporate and personal) disputes involving partnerships and incorporated associations product liability (both manufacturers/suppliers and consumers) equity and trusts contract and real…

Angela Rae

Angela Rae

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Property Law

Overview

Angela Rae’s principal expertise is in commercial litigation and advisory work, as well as estate matters.  In particular, she practices in:

  • company law disputes, including regulatory matters
  • professional liability of directors and officers, particularly in financial advice
  • insolvency (both corporate and personal)
  • disputes involving partnerships and incorporated associations
  • product liability (both manufacturers/suppliers and consumers)
  • equity and trusts
  • contract and real property disputes

Angela acts for companies and individuals of all sizes, including liquidators, banks, directors & officers, regulators, manufacturers and family estates.

Recent matters include acting for the special purpose liquidators of Queensland Nickel Pty Ltd (including obtaining freezing orders for over $500M of assets); acting for the majority shareholder in a $6M oppression action; and acting for the Commonwealth in relation to the insolvency consequences of a terminated statutory scheme.

Angela also regularly acts in trust and estate matters, currently including a $6M estate with assets in Australia and Europe. Angela has been recognised in Doyle’s Guide as a Leading Wills and Estates Litigation Junior Barrister – Queensland (Recommended) since 2019.  Most recently Angela has been ranked as Leading Estates Litigation Junior Counsel (Recommended) 2023 in Queensland and Australia-wide.

Angela has a professional interest in “plain language” drafting and is a member of Clarity International.  She has spoken internationally on topics such as drafting by committee and challenges with self-represented litigants. For several years she operated a consultancy assisting clients with writing clearer documents.

Additionally, Angela speaks Japanese fluently, completing part of her law studies at Hitotsubashi University in Tokyo and postgraduate research at the Australian National University.

Peter Sams

Peter was admitted to the profession in 2014 and called to the bar in 2020. He has a broad practice with a focus on commercial and civil matters. His primary practice areas include commercial litigation, contract, building and construction, property, insolvency, corporations, trade practices, estates and trusts, regulatory, professional negligence and insurance. Prior to being called to the Bar, Peter…

Peter Sams

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Employment & Industrial Relations
  • Equity & Trusts
  • Estate Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Peter was admitted to the profession in 2014 and called to the bar in 2020. He has a broad practice with a focus on commercial and civil matters. His primary practice areas include commercial litigation, contract, building and construction, property, insolvency, corporations, trade practices, estates and trusts, regulatory, professional negligence and insurance.

Prior to being called to the Bar, Peter worked in a boutique commercial litigation firm and in a national insurance litigation firm. He was also an Associate to the Honourable Justice Debra A Mullins of the Supreme Court of Queensland and was the research assistant to the Dean of the Griffith Law School.

Peter holds a Bachelor of Laws with Honours and a Bachelor of Psychological Science.

Peter accepts briefs as a mediator.

He is also a member of Hemmant’s List and the Hellenic Australian Lawyers Association.

Giles Stapleton

Giles was called to the NSW Bar in October 2012 after a 20 year career in banking and commerce in Sydney and London, holding senior positions in Banking and Investment companies. Giles was previously called to the London Bar in 1994. He maintains chambers in QLD and NSW. Giles practices predominantly in Family Law and Property and Equity. In Family…

Giles Stapleton

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Family Law
  • Property Law
  • Taxation Law

Overview

Giles was called to the NSW Bar in October 2012 after a 20 year career in banking and commerce in Sydney and London, holding senior positions in Banking and Investment companies.

Giles was previously called to the London Bar in 1994.

He maintains chambers in QLD and NSW.

Giles practices predominantly in Family Law and Property and Equity. In Family Law cases he appears for clients in all types of property and parenting disputes.

He has extensive experience having appeared led and unled in in excess of 120 contested interim and final hearings since 2013.

He also has ever increasing appellate experience.

Giles also acts for clients in all aspects of commercial law in all jurisdictions, bringing his extensive commercial property, banking and finance experience to his advocacy practice for the significant benefit of his clients.

Other areas of law in which Giles accepts briefs include:

  • Commercial, Property and Equity disputes
  • Estate Law matters including Family Provision Applications
Ben Whitten

(Stephen) Benjamin Whitten

Ben holds a Bachelor of Laws and a Master of Laws (commercial law) and was first called to the private Bar in 1999 after practising for several years as a litigation lawyer with particular interests in resolving legal disputes involving the agribusiness, construction, engineering, and resource sectors.  Ben has a unique understanding of the Engineering Construction, Mining and Resources area…

Ben Whitten

(Stephen) Benjamin Whitten

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Equity & Trusts
  • Estate Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Ben holds a Bachelor of Laws and a Master of Laws (commercial law) and was first called to the private Bar in 1999 after practising for several years as a litigation lawyer with particular interests in resolving legal disputes involving the agribusiness, construction, engineering, and resource sectors.  Ben has a unique understanding of the Engineering Construction, Mining and Resources area having worked as a qualified electrical fitter mechanic with BHP prior to coming to the Bar.

Since coming to the Bar in 1999, Ben has developed a broad commercial and equity practice with a wealth of experience and particular expertise in the resolution of commercial litigation and insurance disputes, primarily involving construction and engineering disputes and related professional negligence matters, major project and infrastructure disputes, agribusiness and resources liability insurance and contract claims, directors liability and shareholder disputes, corporate insolvency, and property and estate disputes.

Ben has been recognised in Doyle’s Guide as a Leading Construction & Infrastructure Counsel – Queensland (2019 to 2024).

He is an active member of a number of relevant professional associations, including BDPS, CLA, ER Law, AILA and SoCLA, as well as being a member of the Chartered Institute of Arbitrators and an interstate member of the Melbourne Technology Engineering and Construction Chambers (MTECC).

Ben is also an NMAS qualified mediator and holds chambers in both Brisbane and Melbourne.

Ben has particular experience in the following areas:

  • large scale infrastructure projects:
    • including Curtis Island (Gladstone LNG development), Brisbane City South State Secondary College, Sarina Hospital, Ferny Grove transport and retail centre project, sewage treatment plant for a remote school, Ipswich roads and related pipeline construction.
  • resource, agricultural and industrial projects, including:
    • commercial contract issues over the sale of a Bowen Basin coal mine, the construction of shipping berth and pier for LNG export, multiple underground drilling in Central and Western Queensland large scale cattle properties, hire and supply of agricultural plant and equipment, slab defects in large scale industrial sheds and workshops, and defect claims on high-rise cranes and other construction plant.
  • large scale commercial and residential construction projects including:
    • high rise office and apartment complexes, earthworks and subsidence in residential, commercial, and industrial property developments, multiple service stations in Queensland and Victoria.
  • significant commercial and related property litigation issues including:
    • easements disputes, access agreements for construction projects for cranes and rock anchors, road and private access issues for large scale commercial developments (appearing in the High Court).
  • statutory demands, winding up applications, preference claims, insolvent trading, uncommercial transactions, and proof of debt insolvency matters, both moderate and large involving many millions of dollars in dispute, acting for liquidators and administrators.
  • complex succession disputes, including:
    • Inter vivos (ie succession planning) disputes;
    • Wills and probate disputes; and
    • Estate administration including family provision applications.
    • Ben’s commercial and agribusiness practices provide valuable insight into large regional intergenerational family businesses and operations
  • defects and causation issues arising from large scale and catastrophic failures in the agricultural, construction, engineering, resources, and transport sectors and critical analysis and testing of architectural, engineering, building, quantity surveying, delay and programming, geotechnical, hydrological, accounting and historian expert evidence.
  • numerous matters involving the interpretation and application of Security of Payment legislation, Subcontractors Charges legislation and QBCC and related legislation.
  • proper interpretation and application of contested contracts of engagement, joint venture, supply, security and credit in the agricultural, construction, engineering, resource and transport sectors.
  • conducting (often leading junior barristers) complex and large-scale multi-party litigation and alternative dispute resolution processes including settling pleadings, settling lay and expert evidence, appearing on contested applications, trials and appeals in the Queensland Court of Appeal.

 

Matthew Williams

Matthew practises principally in general civil and commercial law, and industrial and employment law.  He appears regularly in the Supreme and District Courts of Queensland and the Federal and Federal Circuit Courts.  He is a nationally accredited mediator and mediates disputes in all of his areas of practice. He is experienced in the management of a broad range of litigation,…

Matthew Williams

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Employment & Industrial Relations
  • Estate Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Matthew practises principally in general civil and commercial law, and industrial and employment law.  He appears regularly in the Supreme and District Courts of Queensland and the Federal and Federal Circuit Courts.  He is a nationally accredited mediator and mediates disputes in all of his areas of practice.

He is experienced in the management of a broad range of litigation, having been briefed to advise and appear in relation to misleading or deceptive conduct claims, breach of contract claims, franchising disputes, bankruptcy and insolvency proceedings, insurance disputes, claims of professional negligence, trust and estate disputes and employment law claims.

Matthew has particular expertise in relation to regulatory enforcement proceedings, pecuniary penalty proceedings and accessorial liability proceedings against directors and other persons involved in alleged contraventions.  He has acted as Counsel in enforcement proceedings commenced by various Commonwealth regulatory agencies (including the Fair Work Ombudsman and the Australian Communications and Media Authority).

Matthew also has experience acting as Counsel in commissions of inquiry; he was briefed to appear in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (2018) and to advise in relation to the Commonwealth Senate Inquiry into underpayments of workers in the retail industry (2018).

Matthew is an editor of and contributing author to ‘Queensland Civil Practice’ and a contributing author to ‘Federal Court Practice’ (both published by Thomson Reuters).  He regularly speaks at conferences and publishes papers in his areas of practice.

He is a member of the Bar Association’s General Litigation Committee, the Australian Institute of Company Directors and the Industrial Relations Society of Queensland, and a Sessional Academic in Law at the Queensland University of Technology, where he teaches Civil Procedure.

Matthew was called to the Bar in early 2013.  He holds a Bachelor of Laws (Hons), Bachelor of International Business (Finance) and a Graduate Diploma of Legal Practice.

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