Division of Bar Roll:
Interstate and Overseas Practising Counsel
Qualifications:
LLB (Melb.), BA (Hons) (Melb.)
Previous Occupation:
Solicitor; Academic Lecturer; Public Policy Advisor & Designer; Researcher (Academic)
Profile:
Brendan is an experienced criminal defence lawyer. In the four years prior to being called to the Victorian Bar, he practiced extensively in the criminal jurisdiction of the Magistrates' Court and the Supreme Court of the Northern Territory with North Australian Aboriginal Justice Agency (NAAJA) (formerly Aboriginal Legal Aid) operating exclusively as a defence advocate.
Since coming to the Victorian Bar, Brendan has appeared in the County Court of Victoria and NSW, the Supreme Court of Victoria, Court of Appeal and the Federal Court and High Court of Australia.
This experience has brought Brendan into contact with a variety of clients and legal issues. Appearances before the Federal Court in relation to an application to strike out a native title claim where the Northern Territory Government relied upon issue estoppel as it applies to native title matters. This matter made its way to the Full Court and also a Special Leave Application to the High Court. Issue estoppel, as it applies to native title claims, has become prevalent within the native title jurisdiction.
Supreme Court of Victoria, Court of Appeal
R v Werry [2009] VSCA 94: sexual offences, uncharged act, proof.
Federal
Quall v Northern Territory of Australia [2009] FCA 18: native title, issue estoppel.
Quall v Northern Territory of Australia [2009] FCAFC 157: appeal, native title, issue estoppel.
Junior
Quall v Northern Territory of Australia [2010] HCA Transcript 186; special leave appeal, native title; issue estoppel.
COMMITTEES and MEMBERSHIPS
Chair, Indigenous Issues & Aboriginal Reconciliation (Law Institute of Victoria)
Member, Criminal Bar Association
Member, Judicial Officers' Aboriginal Cultural Awareness Committee.
The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk
have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.