Barristers – Taxation Law

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:

• Wills and Estates Litigation Junior Counsel – QLD
  • 2022 – Preeminent
  • 2023 – Preeminent
• Wills & Estates Litigation Junior Counsel – Australia
  • 2022 – Preeminent
  • 2023 – Preeminent

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 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.

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 was called to the bar in February 2022.

Prior to coming to the bar, Karen served as an associate to Her Honour Judge O’Sullivan in the District Court in 2001, while still completing her law degree.

She has practiced as a solicitor for over seventeen years.  Karen has practiced in many areas of law, however, she has a particular interest in all three areas of succession law: estate administration, estate planning and estate litigation.

As a solicitor, Karen has been involved in several pieces of long running litigation with a broader commercial focus, involving rural partnerships, trusts, and equitable remedies, including undue influence and unconscionable conduct.

Karen has conducted many family provision applications (FPAs), solemn form probate applications, will construction, cy pres, and statutory will applications and other “classical” forms of estate litigation. She has appeared (with counsel) at numerous hearings, including trials and appeals and at numerous mediations).

Despite being a skilled litigator, Karen recognises the value of alternative dispute resolution, especially in family-based disputes. She has undertaken the Bond University mediation course and was one of the first succession lawyers to undertake training in Collaborative Law at UTS in Sydney in 2008.

In 2013, Karen undertook the Queensland Law Society Specialist Accreditation assessment in the area of Succession Law. She was awarded the Highest Achiever (jointly with another practitioner).

Doyle’s Guide ranks Karen as “Preeminent” in the category of Wills and Estate Litigation Lawyers and “Recommended” in the area of Wills Estate and Succession Planning Lawyers.

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

Kevin has a practice which has a strong focus on insurance work and all allied areas including statutory and equitable issues. He has been in private practice as a barrister in Brisbane since 1991.

Areas of practice in which Kevin is briefed also include:

• APPELLATE
• AGRIBUSINESS
• MEDIATORS
• COMMERCIAL
• CORONIAL INQUESTS & COMMISSIONS OF INQUIRY
• PERSONAL INJURIES
• PROFESSIONAL NEGLIGENCE
• REGULATORY TRIBUNALS
• INSURANCE
• WORKCOVER
• EMPLOYMENT & INDUSTRIAL
• SUPERANNUATION
• TOTAL PERMANENT DISABILITY CLAIMS
• CONTRACT
• MEDICAL NEGLIGENCE
• SPORTS LAW
• OCCUPATIONAL HEALTH & SAFETY
• PRODUCT LIABILITY
• TORTS (OTHER THAN PERSONAL INJURIES)
• VETERANS’ ENTITLEMENTS
• EQUAL OPPORTUNITY & DISCRIMINATION

Kevin is briefed by a number of law firms that act for commercial insurers and also is briefed by Crown Law.

Kevin’s practice also includes advising local government bodies (LGM Queensland).

Kevin has acted as a mediator in a wide range of matters.

He also regularly appears in all Queensland Courts.

Kevin has an interest in veterans entitlements and is interested in developing his practice in that respect also.

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.

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.

OVERVIEW

Recognised as a skillful advocate and astute negotiator, Alex has developed a practice with a focus on complex matters which have established him as one of the leading Counsel in the fields of insurance and medical negligence. Alex has practised at the bar in Brisbane since 2011, and his practice has since expanded outside of Queensland to New South Wales, Victoria and Tasmania.

Further to his prominence in the medical negligence and insurance spheres, Alex is also widely experienced in other areas including banking, finance, trusts and superannuation. He has been briefed in several appellate matters before the Court of Appeal of Queensland and High Court of Australia.

Alex is relied upon by his clients for his ability to cut through the complexities of a matter and to identify the issues that are truly at its heart, and is known for his meticulous preparation of advices and his level-headed and innovative responses to practical issues that arise in litigation and alternative dispute resolution.

EXPERIENCE

Medical Negligence

Alex has gained a profound knowledge of medical practice over the years, and he has applied this nuanced skill set in hundreds of matters involving many types of medical negligence cases. Some examples of his experience in this area include the following:

• Representing plaintiffs in various matters involving misdiagnosis or mistreatment of spinal cord abscesses, vascular injuries, liver poisoning, fractures, pulmonary embolism, meningitis, many different types of cancer, acute bacterial endocarditis, sepsis, kidney disease and colon perforation, many of which resulted in multimillion-dollar settlements;
• A high-profile case determined by the Court of Appeal, involving a general practitioner’s failure to detect and diagnose the presence of cryptococcal meningitis, which resulted in one of the largest awards of damages in Queensland;
• Complex matters involving perioperative care and surgical errors, including anaesthetic mismanagement of patients and errors made during plastic and reconstructive surgery;
• Appearing in a High Court matter involving the duty of care of paramedics, which considered the reasonableness of medical care performed in exigent circumstances, and the importance of manuals in determining breach at common law;
• Acting and securing large settlements for child plaintiffs in complex birth injury claims. One example includes a child who unfortunately developed cerebral palsy requiring substantial future care and assistance, which resulted in a settlement for more than $12,000,000.00;
• Acting for mothers who have sustained trauma during childbirth (such as prolapse, levator avulsion, 3^rd or 4^th degree tears, or pudendal nerve injuries); and
• A significant claim involving failures by a hospital, general practitioner and radiologist to adequately treat a nerve sheath tumour resulting in spinal cord injuries. Interlocutory applications in that matter led to seminal jurisprudence on the statutory limitation of actions, and what constitutes a plaintiff becoming aware of a material fact of a decisive character.

Insurance

Instructed by both plaintiffs and defendants, Alex has appeared in hundreds of insurance cases relating to personal injuries and other liability claims, covering many different case types from motor vehicle accidents to product liability. The following are some examples of interest:

• Acting for the plaintiff in a major personal injury matter that led to a seminal Supreme Court decision about obviousness of risks and dangerous recreational activities – elements of Queensland’s Civil Liability Act which had previously lacked useful jurisprudence;
• A significant workers’ compensation claim determined by the Court of Appeal, testing the principles of the tort of negligence in the context of manual musculoskeletal injuries sustained over a prolonged period in the workplace;
• Acting for insurers in a multitude of cases, both in Queensland and interstate, applying his expertise in negotiations to deliver favourable outcomes for his clients; and
• Representing the plaintiff in a motor vehicle accident claim involving catastrophic injuries, which resulted in one of the largest settlements in the State’s history, exceeding $20,000,000.00.

Commercial Law

Alex has advised on and appeared in various matters relating to banking and finance, and owing to his international experience working in the financial sector and his degree in Commerce, he is astute at dealing with very complex financial arrangements. Some prominent examples include:

• An important banking matter in which the Court of Appeal recognised that the Code of Banking Practice binds banks and forms part of bank guarantees. This case raised the topics of agency, estoppel and the general functions of appellate courts, including the Anshun estoppel and the principles from Fox v Percy; and
• A complex contractual matter determined by the Court of Appeal involving 23 parties about a proposal to form and run a real estate company, requiring scrutiny of parties’ intentions to create legal relations, and more generally, dealing with a tension between the principles of contract law and commercial realities.

Other areas of practice

Over the years, Alex’s practice has also expanded into other areas of the law, including property law, trusts, superannuation and criminal law. The various matters he has worked on include:

• Representing the plaintiff in an intricate matter relating to trusts and superannuation which over the course of more than a decade traversed each level of the Queensland court system and was heard by several boards, the Federal Court, the Court of Appeal and ultimately by the High Court in a special leave application. Alex became involved towards the end of the protracted dispute, and was required to exercise his knowledge of trustee-beneficiary relationships and their co-existence with contractual relationships. The matter also concerned elements of administrative law and questions of natural justice;
• Appearing in the Land Court of Queensland in a matter about whether compensation was payable for the compulsory acquisition of land, requiring analysis of planning approvals, the nature of interests in resumed land, and elements of evidence law; and
• Acting for the defendant in a hearing before the Court of Appeal, which ultimately overturned a criminal conviction of unlawful killing, relying on medical evidence to show the prosecution had not sufficiently proven causation.

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, 2020, 2021, 2022 and 2023
• Leading (Preeminent) Taxation Barrister (Senior Counsel)– Queensland 2018, 2019, 2020, 2021, 2022 and 2023

Alice is a commercial barrister based in Brisbane, having been called to the bar in 2023.

Prior to coming to the bar, Alice worked as a solicitor for 8 years, specialising in commercial litigation and corporate and personal insolvency.

Alice also has an interest in estate litigation and taxation law.

Mr Ben O’Sullivan was called to the Queensland Bar in April 2021.  He has a broad commercial and civil practice, and a particular interest in insolvency and bankruptcy matters, professional negligence matters, director and shareholder disputes under the Corporations Act, and employment law.

Previously, Ben practiced as a litigation solicitor for 6 years in boutique, national and international law firms, specialising in:

• Commercial disputes;
• Insolvency and bankruptcy matters; and
• Industrial relations and employment Law.

Ben has acted for both plaintiffs and defendants in a wide range of matters, including:

• Acting for the plaintiff in Supreme Court Commercial List proceedings regarding alleged breach of contract and fiduciary duties in respect of a property development;
• Acting for the respondent shareholder in “just and equitable” winding up application in the Federal Court;
• Acting for a large SEQ water utility company in Federal Court proceedings concerning access to a water tower by a telecommunications company;
• Acting for the plaintiff in a Supreme Court Commercial List matter regarding a partnership dispute in respect of multi-million dollar cane farms;
• Acting for the defendant director of a corporate trustee in a claim resulting from the failure of a large Sunshine Coast property development;
• Acting for a plaintiff property group against a large telecommunications company, alleging breach of contract and breach of fiduciary duties;
• Acting for defendant directors in insolvent trading claims;
• Acting for the respondent executor of a trust in proceedings seeking to remove that executor;
• Representing employees and employers in unfair dismissal conciliation conferences in the Fair Work Commission;
• Representing and assisting Queensland doctors regarding investigations, employment and regulatory issues, including unfair dismissal, breach of contract, employment and contract entitlements, investigations by AHPRA and OHO, and various restraint of trade matters;

Ben holds a Bachelor of Laws (Hons), Bachelor of Arts (History) and Masters of Law (Commercial Litigation).  He is a member of the Commercial Law Association of Australia.

Richard has more than 23 years experience as a commercial barrister and specialises in administrative law, corporations law, superannuation, and tax.

He is highly experienced in tax and superannuation litigation and regularly appears in the Federal Court and AAT.

In tax, he advises and litigates in respect of all aspects of revenue law (including income tax, capital gains, GST, and judicial review of decisions).  Richard acts for taxpayers in respect of “front end” tax advice, advising in respect of audits, interviews, negotiations, and to advise and settling tax objections and private ruling applications through to litigious matters. Increasingly, he appears and advises with the assistance of a junior.

Richard also accepts direct briefs from accounting firms.

In superannuation, he advises and litigates on behalf of fund trustees and members in respect of regulatory matters and appeals, which includes the performance or discharge of obligations and powers and the conduct of investigations by or proceedings initiated by a regulator.

Richard advises trustees and investors of the legal issues confronting the SMSF market and its funding.

Recent matters that Richard has been involved in include:

• Acting on behalf of taxpayers in tax appeals in the Federal Court and the AAT.
• Advising on the federal and state revenue, Corporations Act, and Superannuation compliance of certain investment products.
• Advising on the interplay between State superannuation products and Federal superannuation.
• Advising on the superannuation law aspects of a Family Law and third party settlement arrangement.
• Advising on objections and appeals in respect of state revenue matters.
• Advising on Federal pension schemes.
• Acting and advising in relation to Part IVA litigation, NALI litigation, and group consolidation.
• Advising on the prospects of success of an objection concerning the interplay between superannuation and income tax.
• Advising on the interplay between superannuation and income tax;
• Advising on stay of review proceedings where the applicant is charged with numerous criminal offences;
• Appearing in interlocutory proceedings (interlocutory injunction, subpoenas, discovery) concerning a large tax liability matter;
• Advising superannuation trustees on and appearing at appeals from the Superannuation Complaints Tribunal;
• Appearing on review and appeal of income tax assessments for self -managed superannuation fund transactions;
• Appearing in judicial review (and subsequent successful summary judgment) of various tax estimates;
• Appearing on review of income tax assessments based on fraud and evasion, involving significant cross-examination (of 32 witnesses);
• Appearing in State court appeals in respect of tax recovery matters.
• Appearing in appeals from the AAT to the Federal Court.

Richard has also been recognised in Doyle’s Guide as a Leading Tax Barrister (Queensland) in 2020, 2021, 2022, and again in 2023.

Richard is also a commercial litigator and mediator.

Richard holds a Bachelor of Laws, a Bachelor of Civil Law, and a Doctor of Philosophy from the University of Durham. 

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

Jason is a barrister and nationally accredited mediator. He was admitted to practice in 2019 and called to the Bar in 2022. Prior to the Bar, Jason worked in legal and financial roles across Australia, Hong Kong, and the United Kingdom.

Jason has a broad commercial practice and has represented lenders, private companies, and individuals in the Supreme Court of Queensland and the Federal Court of Australia. He has advised on cases in Queensland, New South Wales, Victoria, and New Zealand.

Jason holds an MSc in Law and Finance from the University of Oxford, where he won the MLF Prize for Best Overall Performance. He also holds a Bachelor’s in Law and Commerce (Honours) from The University of Queensland, where he teaches corporate law and ethics.

Jason speaks fluent Mandarin Chinese.

Michael practises nationally in taxation law and related areas including commercial, corporations, public, property, superannuation and trust law.

He has practised in taxation law for 10 years, initially as a solicitor at Allens and Herbert Smith Freehills and then at the Bar.

His practice focuses on the conduct of tax audits and disputes, including advising on the audit process, preparation of position papers, settlement negotiations and the conduct of litigation, as well as providing advice on a broad range of taxation issues. He has appeared in the Federal Court and High Court and has assisted in all aspects of the conduct of disputes.

He is a member of the Bar Association of Queensland’s Taxation Law Committee, the Australian Bar Association’s Taxation Committee and is Deputy Chair of the Tax Institute’s Dispute Resolution Technical Committee.

He has postgraduate qualifications in law, tax and international tax and is currently undertaking a doctorate in corporate and international tax part-time at the University of Melbourne.

He is also a reporter for the Australian Tax Reports and Commonwealth Law Reports.