Peter R Moloney

Admitted:
1 May 1973
Bar:
11 Oct 1979
Location:
Room 1317, Owen Dixon Chambers East,
205 William Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Experience

1973 to 1979
Six years’ practice as solicitor in city firms, acquiring experience in conveyancing, leasing, probate, partnerships, joint ventures, finance and common law, building and commercial litigation.

1979 to 1990
Diverse practice as Barrister, with Magistrates’ Court civil and criminal work
County Court appeals from Magistrates’ Court
County Court crime (defence and prosecution) and civil juries (Motor Vehicle, Industrial Accidents and Occupier’s Liability for plaintiff/defendant)
Supreme Court work e.g. Tabone v City of Warrnambool (Occupier’s Liability & Quadriplegia), Hetyey v David Syme (Defamation) and Court of Appeal.

From 1990
Focused largely on commercial litigation, Wills, Franchises, Retail and Commercial Leases, Mortgages, Sale of Land (including easements and covenants), Insurance, Guarantees, Joint Ventures, Tort and Trade Practices including Misleading & Deceptive Conduct.

Current focus
Complex commercial and technology cases including:

  • Electricity Futures Trading (ISDA Master Agreement)
  • Equitable Estoppel (Powercor v Pacific Power SCV Commercial List- six-month trial cor. Gillard, J)
  • Computerseg Camberwell v AWA (entire municipal software system), Electronics, Plastics Technology (Nylex v Basell Supreme Court of Victoria Commercial List)
     
  • Mining & potable water containments, Civil Engineering, Mechanical and Process Engineering (including related disciplines)
  • Machinery Cases (Workcover OH&S Defence), with special training and experience in Automotiveand Heavy Vehicle Litigation involving engine and chassis mechanical defects e.g. McKenzie v Iveco Australia (County Court Business List)
     
  • Product Liability, Domestic and Commercial Building and Construction cases.

General
Member of Building Disputes Practitioners Society; a successful owner-builder and renovator
Experienced in automotive, mechanical and general engineering projects
Formerly, Director of The Bendigo Bank, Ivanhoe (a franchised Community Bank) from 2005 to 2007 and advised on that franchise model.
Member Society for Australian Industry and Employment (manufacturing industry & employment lobby).
Accredited advocacy coach at the Victorian Bar’s Readers’ course.

From February 2012 to February 2017
Civil and Owners Corporation Lists Member at VCAT delivering in excess of 2000 decisions (with none reversed on appeal), many requiring application of the Australian Consumer Law.

From February 2017 returned to full-time practice at Victorian Bar with a preference for construction, engineering and commercial litigation and Mediation engagements including Early Neutral Evaluation (drawing upon extensive VCAT experience).

Resources
Substantial legal library.
Technical library with numerous works on construction, engineering and technology.

Referees
Country, suburban and city practitioners available upon request.

Liability limited by a scheme approved under Professional Standards legislation. 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.
AREAS OF PRACTICE
Alternative Dispute Resolution (ADR)
Commercial Law
Common Law
Industrial Relations Law & Employment Law
EXTENDED BIOGRAPHY

Experience

1973 to 1979
Six years’ practice as solicitor in city firms, acquiring experience in conveyancing, leasing, probate, partnerships, joint ventures, finance and common law, building and commercial litigation.                            

 

1979 to 1990
Diverse practice as Barrister, with Magistrates’ Court civil and criminal work.

County Court appeals from Magistrates’ Court.

County Court crime (defence and prosecution) and civil juries (Motor Vehicle, Industrial Accidents and Occupier’s Liability for plaintiff/defendant)

Supreme Court work e.g. Tabone v City of Warrnambool (Occupier’s Liability & Quadriplegia), Hetyey v David Syme (Defamation) and Court of  Appeal.                                                                                                                                 

From 1990
Focused largely on commercial litigation, Wills, Franchises, Retail and Commercial Leases, Mortgages, Sale of Land (including easements and covenants), Insurance, Guarantees, Joint Ventures, Tort and Trade Practices including Misleading & Deceptive Conduct.

 

Current focus
Complex commercial and technology cases including:

  • Electricity Futures Trading (ISDA Master Agreement)
  • Equitable Estoppel (Powercor v Pacific Power SCV Commercial List- six-month trial cor. Gillard, J)
  • Computerseg Camberwell v AWA (entire municipal software system), Electronics, Plastics Technology (Nylex v Basell Supreme Court of Victoria Commercial List)
  • Mining & potable water containments, Civil Engineering, Mechanical and Process Engineering (including related disciplines)
  • Machinery Cases (Workcover OH&S Defence), with special training and experience in Automotive and Heavy Vehicle Litigation involving engine and chassis mechanical defects e.g. McKenzie v Iveco Australia (County Court Business List)
  • Product Liability, Domestic and Commercial Building and Construction cases.                                                                                                                               

 

General
Member of Building Disputes Practitioners Society; a successful owner-builder and renovator

Experienced in automotive, mechanical and general engineering projects

Formerly, Director of The Bendigo Bank, Ivanhoe (a franchised Community Bank) from 2005 to 2007 and advised on that franchise model.

Member Society for Australian Industry and Employment (manufacturing industry & employment lobby).

Accredited advocacy coach at the Victorian Bar’s Readers’ course.                                                                                                    

From February 2012 to February 2017
Civil and Owners Corporation Lists Member at VCAT delivering in excess of 2000 decisions (with none reversed on appeal), many requiring application of the Australian Consumer Law.

From February 2017 returned to full-time practice at Victorian Bar with a preference for construction, engineering and commercial litigation and Mediation engagements including Early Neutral Evaluation (drawing upon extensive VCAT experience).                                                                                         

Resources
Substantial legal library.
Technical library with numerous works on construction, engineering and technology.                                    

Referees   
Country, suburban and city practitioners available upon request.                                               

Profile1

Experience

1973 to 1979
Six years’ practice as solicitor in city firms, acquiring experience in conveyancing, leasing, probate, partnerships, joint ventures, finance and common law, building and commercial litigation.

1979 to 1990
Diverse practice as Barrister, with Magistrates’ Court civil and criminal work
County Court appeals from Magistrates’ Court
County Court crime (defence and prosecution) and civil juries (Motor Vehicle, Industrial Accidents and Occupier’s Liability for plaintiff/defendant)
Supreme Court work e.g. Tabone v City of Warrnambool (Occupier’s Liability & Quadriplegia), Hetyey v David Syme (Defamation) and Court of Appeal.

From 1990
Focused largely on commercial litigation, Wills, Franchises, Retail and Commercial Leases, Mortgages, Sale of Land (including easements and covenants), Insurance, Guarantees, Joint Ventures, Tort and Trade Practices including Misleading & Deceptive Conduct.

Current focus
Complex commercial and technology cases including:

  • Electricity Futures Trading (ISDA Master Agreement)
  • Equitable Estoppel (Powercor v Pacific Power SCV Commercial List- six-month trial cor. Gillard, J)
  • Computerseg Camberwell v AWA (entire municipal software system), Electronics, Plastics Technology (Nylex v Basell Supreme Court of Victoria Commercial List)
     
  • Mining & potable water containments, Civil Engineering, Mechanical and Process Engineering (including related disciplines)
  • Machinery Cases (Workcover OH&S Defence), with special training and experience in Automotiveand Heavy Vehicle Litigation involving engine and chassis mechanical defects e.g. McKenzie v Iveco Australia (County Court Business List)
     
  • Product Liability, Domestic and Commercial Building and Construction cases.

General
Member of Building Disputes Practitioners Society; a successful owner-builder and renovator
Experienced in automotive, mechanical and general engineering projects
Formerly, Director of The Bendigo Bank, Ivanhoe (a franchised Community Bank) from 2005 to 2007 and advised on that franchise model.
Member Society for Australian Industry and Employment (manufacturing industry & employment lobby).
Accredited advocacy coach at the Victorian Bar’s Readers’ course.

From February 2012 to February 2017
Civil and Owners Corporation Lists Member at VCAT delivering in excess of 2000 decisions (with none reversed on appeal), many requiring application of the Australian Consumer Law.

From February 2017 returned to full-time practice at Victorian Bar with a preference for construction, engineering and commercial litigation and Mediation engagements including Early Neutral Evaluation (drawing upon extensive VCAT experience).

Resources
Substantial legal library.
Technical library with numerous works on construction, engineering and technology.

Referees
Country, suburban and city practitioners available upon request.