Jon is an experienced trial and appellate advocate. He took Silk in 2015.
He practises in all areas of commercial law as well as employment/industrial law, insurance law, economic torts and public law, including administrative law.
He also has particular expertise in civil and criminal contempt of court, including at appellate level.
Jon is briefed by public and private corporations, government and prominent individuals.
By way of example in the context of commercial law, in Fonterra Brands (Australia) Pty Ltd v Bega Cheese Limited (2021) VSC 75, Jon appeared for Bega in its successful defence of a proceeding brought by Fonterra to prohibit Bega from trading under its own name and trade marks. That case raised for consideration issues including the modern principles relating to the construction of commercial contracts, rectification and restraint of trade.
Recently, Jon has acted in a substantial product liability class action and advised in a high value private corporate acquisition.
In the public law context, for example, Jon has represented Victorian Attorneys-General at appellate level in matters with a regulatory backdrop, including in the High Court of Australia. (See, for example, CFMEU v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 and CFMEU v Grocon Constructors (Victoria) Pty Ltd & Ors; CFMEU v Boral Resources (Vic) Pty Ltd & Ors [2014] 47 VR 527.)
He has been frequently briefed to advise, draw pleadings and appear in matters which raise complex questions of law which are ungoverned by precedent.
Jon has considerable experience and expertise in the laws of evidence and their practical application at trial, including in penalty and other regulatory proceedings.
Jon did articles and practised as a solicitor at Corrs Chambers Westgarth before coming to the Bar in 1993. He read with the Honourable Justice Whelan.
The following is a selection of citations for decisions in cases in which Jon has appeared.
- Fonterra Brands (Australia) Pty Ltd v Bega Cheese Ltd [2021] VSC 75 — construction of contracts and in particular trademark licence agreements — rectification: unilateral and common mistake — standard of proof for claim for rectification: need for clear and convincing proof — the restraint of trade doctrine generally and, in particular, its application to a trademark licence agreement
- Fuji Xerox Australia Pty Ltd v Whittaker [2020] FCA 1611 — application to strike out paragraphs of defence in the context of a claim for, amongst other things, breach of director’s duties under s.344 of the Corporations Act 2001 (Cth) and auditor’s negligence
- Re The Macedonian Orthodox Church Community ‘Saint Dimitrij Solunski’ Springvale Inc [2020] VSC 274 — trusts — charitable trusts — judicial advice
- Fonterra Brands (Australia) Pty Ltd & Anor v Bega Cheese Ltd (No 6) [2020] VSC 96 — Legal professional privilege — ss. 122(2), 122(6) and 34 of the Evidence Act 2008 — consideration of when privilege waived under s. 122(2) and whether there is a discretion under s. 34 to order production of privileged documents used to try to revive the memory of a witness pursuant to s. 122(6).
- Fonterra Brands Australia Pty Ltd and Anor v Bega Cheese Ltd (No 4) [2020] VSC 16 — Legal professional privilege — ss. 118, 122(2), 125 and 126 of the Evidence Act 2008 — consideration of when privilege waived under s. 122(2) — no evidence that documents created in furtherence of fraud within meaning of s. 125
- Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 (Full Court of the Federal Court of Australia) — industrial law — accessorial liability — whether the Appellant was knowingly concerned in contraventions — liability of third party provider of accounting services for employer’s underpayment of employee's entitlements under the relevant Modern Award — the availability of findings made by the primary judge — Fair Work Act 2009 (Cth) ss 45, 50 and 550.
- Monash IVF Pty Limited v Dr Lynn Burmeister (No 2) [2017] NSWSC 903 – restraint of trade covenant – s.5(2)(b) of the Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW) – choice of Law clause in favour of NSW – non-exclusive submission to the jurisdiction to the NSW Courts – Restraints of Trade Act 1976 (NSW)
- Monash IVF Pty Ltd v Dr Lynn Burmeister [2017] NSWSC 849 – case management – restraint of trade covenant –proceedings commenced urgently in Supreme Court of NSW to enforce that covenant – proceedings had been earlier commenced in Supreme Court of Victoria by the defendants seeking a bare negative declaration that the covenant was unenforceable
- Re Simonds Group Limited [2016] VSC 609 Corporations Act 2001 (Cth) – Scheme of Arrangement – oppression –injunctions
- Volunteer Fire Brigades Vic Inc v CFA (No. 2 and No.3 ) [2016] 50 VR 620 – industrial dispute – Civil Procedure Act 2010 (Vic) – s.240 of the Fair Work Act 2009 (Cth) – s.131 of the Evidence Act 2008 (Vic) – without prejudice privilege
- Carron Investments Pty Ltd v Lang [2016] VSCA 287 (Court of Appeal) – administrative law – appeal of an order for certiorari arising from an application for judicial review pursuant to Order 56
- Lang v Carron Investments Pty Ltd [2016] VSC 165 – administrative law – judicial review pursuant to Order 56
- CFMEU v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375 (High Court of Australia) (for the Attorney General for the State of Victoria) – appeal from CFMEU v Boral Resources (Vic) Pty Ltd & Ors [2014] 47 VR 527 (see below)
- FBIS International Protective Services (Aust) Pty Ltd v Maritime Union of Australia [2015] 232 FCR 1 (Full Court of the Federal Court of Australia) judicial review – industrial law – construction of s.120 of the Fair Work Act 2009 (Cth)
- Canty & Ors v Greyhound Racing Victoria [2015] VSC 71 – application for interlocutory injunction arising out of the grehound "live baiting" exposé
- CFMEU v Grocon Constructors (Victoria) Pty Ltd & Ors [2015] HCATrans 24 (High Court of Australia) (for the Attorney General for the State of Victoria) – application for special leave
- CFMEU v Boral Resources (Vic) Pty Ltd & Ors [2015] HCATrans 23 (High Court of Australia) (for the Attorney General for the State of Victoria) – application for special leave
- CFMEU v Boral Resources (Vic) Pty Ltd & Ors; v Grocon Constructors (Victoria) Pty Ltd & Ors [2014] HCATrans 266 (High Court of Australia) (for the Attorney General for the State of Victoria) – application for stay pending application for special leave
- FBIS International Protective Services (Aust) Pty Ltd v Fair Work Commission [2014] FCA 1390 – industrial law – construction of s.120 of the Fair Work Act 2009
- CFMEU v Grocon Constructors (Victoria) Pty Ltd & Ors; CFMEU v Boral Resources (Vic) Pty Ltd & Ors [2014] 47 VR 527 (Court of Appeal) (For the Attorney General for the State of Victoria) – contempt of court – application for leave to appeal the decision of Digby J in Boral Resources (Vic) Pty Ltd & Ors v CFMEU and Anor [2014] VSC 120 (see below)
- Boral Resources (Vic) Pty Ltd & Ors v CFMEU and Anor [2014] VSC 120 (For the Attorney General for the State of Victoria) contempt of court – power of the Court to compel a corporate defendant to a proceeding for contempt of court to provide documentary evidence for use against that defendant in that proceeding
- CFMEU v Boral Resources (Vic) Pty Ltd & Ors [2013] VSCA 378 (Court of Appeal) (For the Attorney-General for the State of Victoria) – contempt of court decision of Court of Appeal upholding the decision of Digby J in Boral Resources (Vic) Pty Ltd & Ors v CFMEU [2013] VSC 572 (see below)
- Permark International Interiors Pty Ltd v Amoveo Pty Ltd & Ors [2013] VSC 563 – principles relating to the award of costs of a proceeding against non-parties
- Qube Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695 Legal professional privilege – whether conduct inconsistent with maintenance of claim for privilege – Evidence Act 2008 (Vic) s.122(2) and (3)
- Boral Resources (Vic) Pty Ltd & Ors v CFMEU [2013] VSC 572 (For the Attorney-General for the State of Victoria) – contempt of court standing of the Attorney-General for the State of Victoria to be joined as a plaintiff to contempt proceedings commenced by a private plaintiff for breach of an injunctive order in favour of that plaintiff
- Ambridge Investments Pty Ltd (in liq) (receiver appointed) v Baker & Ors (No. 4) [2013] VSC 178 – complex questions of legal professional privilege – one of a number of former clients who had jointly retained a firm of solicitors brought a proceeding alleging misfeasance against it – whether the balance of the former clients, who did not join in the action for misfeasance, also impliedly waived privilege in their joint file
Clients
While at the bar Jon has appeared for and advised statutory, publicly listed and private corporations, professional firms, prominent individuals and the State of Victoria.
For example, Jon has been retained for:
Allianz Australia Insurance Limited; Atlas Iron Limited; Bega Cheese Ltd; Greyhound Racing Victoria; Mirvac (Docklands) Pty Ltd; the National Gallery of Victoria; Oaks Hotels and Resorts Limited; Priceline Pty Ltd; Standards Australia; Telstra Corporation Limited; recent Attorneys-General for the State of Victoria; then Archbishop Pell, later Cardinal Pell and Bernie Brookes (former CEO of Myer).
Memberships
Jon is a member the Industrial Bar Association.
PSS
Liability limited by a scheme approved under Professional Standards Legislation