Ian R L Freckelton QC

Website:
http://ianfreckelton.com.au/
Secretary:
Admitted:
31 Aug 1987
Bar:
24 Nov 1988
Silk:
28 Nov 2007
Location:
Room 0617, William Crockett Chambers,
530 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Dr Freckelton's PhD, entitled "Expert Evidence: Accountability and Evaluation", was conferred by Griffith University in 1998.

Dr Freckelton's LLD, entitled “Health Law, Scholarliness and Regulation”, was conferred by the University of Melbourne in 2017.

 

BAR PRACTICE

1988- : Full-time mixed trial, appellate and advisory practice. Dr Freckelton is an experienced silk who practises in a broad range of areas throughout Australia and internationally in cases which require a high level of strategic skills and close analysis of technical material in the form of expert evidence. He has particular skills in addressing the broader repercussions of  legal disputation so that clients can achieve outcomes which address the issues that have taken them before courts and tribunals. He is an assertive and analytical advocate, equally comfortable with oral advocacy and written submissions, whether these be at first instance or on appeal.

 

Victorian Bar Committee memberships

  • Victorian Bar Council
  • Continuing Professional Development - Sub Committee
  • Ethics Committee
  • Supreme Court - The Judicial Review and Appeals Users' Group
  • Supreme Court Library Committee
AREAS OF PRACTICE
Common Law
Criminal Law
Equity & Trusts
Family Law
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law
EXTENDED BIOGRAPHY

Administrative Law

 

All areas of merits review of administrative decisions and appeals against first instance state and federal tribunal decisions. He has appeared in a wide array of administrative law cases, including a number of the major cases in relation to Victoria's Charter of Human Rights and Responsibilities, and cases involving allegations of discriminatory conduct. Dr Freckelton has frequently been briefed by the Victorian Government Solicitors Office (VGSO) and by the Australian Health Practitioner Regulation Agency (AHPRA), the Victorian Institute of Teaching (VIT), the Department of Health and Human Services (DHHS) and the Victorian Taxi Directorate.

 

Dr Freckelton has also appeared in judicial inquiries and Royal Commissions. In 2014 he was briefed in the Eastman judicial inquiry into the murder of Assistant Commissioner Winchester, conducted by Justice Martin in the ACT: see http://www.eastmaninquiry.org.au

 

He is the co-author of the Council of Australasian Tribunals (COAT), Practice Manual for Tribunals (2006). He has also been a COAT Committee Member in Victoria.

 

Disciplinary Law

 

Health practitioner, veterinary, teaching, accounting, legal profession, local councillor, building, church and sporting disciplinary cases at trial and appellate level. Dr Freckelton has appeared for two  decades in many of Australia's leading disciplinary cases in the health practitioner area and in other jurisdictions. He has also been a member of a number of investigative and disciplinary tribunals in the contexts of policing (Police Complaints Authority of Victoria), medical (Medical Practitioners Board of Victoria), psychology (Psychologists Registration Board of Victoria, and pro tem disciplinary committee in Tasmania), teaching (Disciplinary Appeals Board of Victoria), health professions (Investigation Review Panel of Victoria), foster carers (Suitability Panel of Victoria) and football (Northern Suburbs AFL Disciplinary Tribunal).

 

He has also written extensively about disciplinary law, and undertaken training for tribunal members. His major publications in the area include Regulating Health Practitioners (Federation Press, 2006) and Regulation of Health Practitioners (with Belinda Bennett, Federation Press, 2018, forthcoming). Dr Freckelton is a member of the Ethics Committee of the Victorian Bar.

 

Personal Injury Law

 

Trial and appellate cases. Dr Freckelton has appeared in many of Victoria's best known appellate decisions in respect of transport accidents and workplace accidents for both plaintiffs and defendants. These have included Elsdon v Victorian WorkCover Authority [2012] VSC 347; Transport Accident Commission v Kutz [2011] VSC 236 (AMA Guides); Rekatsinas v Transport Accident Commission [2010] VCAT 967 (Charter) Serwylo v Transport Accident Commission [2010] VSC 421 (affirmed by Ct of App: [2011] VSCA 305) (AMA Guides); Transport Accident Commission v Elworthy [2007] VSC 48; McRitchie v Transport Accident Commission [2000] VSC 151; (2001) 17 VAR 347; Bentley v Furlan [1999] 3 VR 63; Mobilio v Transport Accident Commission [1998] 3 VR 833; Transport Accident Commission v Lake (1997) 11 VAR 260; (1998) 1 VR 616; and Transport Accident Commission v Dennis (1997) 25 MVR 421; (1998) 1 VR 702.

 

He has also been briefed in many cases involving personal injuries, including in relation to injuries asserted to have been inflicted either by negligence or intentionally by participants in sports, health practitioners and members of the clergy. He has a particular experise in psychiatric injury (pure mental harm) litigation.

 

Health Law and Medical Negligence Law

 

Dr Freckelton has appeared in many significant cases at trial and appellate level in relation to health law generally and practitioner negligence and malpractice. He has appeared for both plaintiffs and defendants. Dr Freckelton has also been briefed in many cases involving medical practitioners' candidacy to obtain fellowships with the learned colleges. He has also appeared in the leading end-of-life case Gardner; Re BWV [2003] VSC 173 and the special medical procedure case Re Jamie [2012] FCAFC .

 

Dr Freckelton is a member of Victoria's Mental Health Tribunal and was formerly a long-time member (and an Acting President) of Victoria's Mental Health Review Board and Psychosurgery Review Board. He has a particular interest and experience in mental health law.

 

He is the editor of the Journal of Law and Medicine, and (with Kerry Petersen) the co-editor of Tensions and Traumas in Health Law (Federation Press, 2017),  Disputes and Dilemmas in Health Law (Federation Press, 2006) and Controversies in Health Law (Federation Press, 1999).

 

Guardianship and Administration

 

Dr Freckelton has been briefed in many sensitive guardianship and administration cases before the former Board in Victoria and before VCAT. Such matters have often had ramifications with other areas of actual and potential litigation.

 

Coronial Law

 

Dr Freckelton has appeared in many leading cases at trial and on appeal in coroners' courts throughout Australia since the 1990s. These include many fatal police shooting cases, deaths in prisons, industrial deaths, hospital deaths and institutional deaths. Well known cases in which he has appeared include the fatal police shooting inquests of the 1990s, the Kew Cottages Inquests, the Tyler Cassidy Inquest, the David Wilson backpacker Inquest, the Briscoe Inquest in the Northern Territory, the Luke Batty Inquest, the Lindt Café inquest in Sydney, and the Bourke Street Mall case in Melbourne.

 

He is also the author (with David Ranson) of Death Investigation and the Coroner's Inquest (Oxford University Press, 2006;  2nd edn, forthcoming 2018) and from 2010 has been a founding member of Victoria's Coronial Council.

 

Criminal Law

 

Dr Freckelton is an experienced criminal lawyer at both trial and appellate level. He both prosecutes and defends and has appeared in a significant number of leading criminal law cases. As well as the ordinary fare of criminal law. He has undertaken many cases in the occupational health and safety area, as well as in relation to confiscation of profits.

 

He is the Editor of the 7 volume work, Victorian Criminal law, Investigation and Procedure (Thomson) and of the 4th, 5th (with D Andrewartha) and 6th (with Kerryn Cockroft)  of the leading practitioner book, Indictable Offences in Victoria. He also edits for Thomson Reuters its volumes on Laws of Australia volumes on Sentencing and Criminal Procedure.

 

Criminal Injuries Compensation Law

 

Dr Freckelton has appeared in many leading criminal injuries compensation cases, both at appellate tribunal and Supreme Court level, as well as against offenders under s85B of the Sentencing Act 1991 (Vic).

 

He is also the author of the leading Australian text on the subject, Criminal Injuries Compensation Law, Practice and Policy (LBC Information Services, 2001).

 

Commercial Law

 

Dr Freckelton has undertaken many cases for both plaintiffs and defendants in the context of commercial and corporate disputation.

 

Family Law and Children's Court Law

 

Dr Freckelton has appeared in a number of significant Family Court cases in relation to the best interests of children, including those with disabilities. Dr Freckelton has regularly been briefed in appellate matters relating to the protection of children, in particular by the Department of Human Services in Victoria.

 

Scholarly Misconduct

 

Dr Freckelton has been briefed in a number of cases involving allegations of scholarly impropriety, including alleged misconduct by students and staff at universities and involving disputes within academia and between academics. He is the author of Scholarly Misconduct and the Law (Oxford University Press, 2016).

 

PART-TIME TRIBUNAL, BOARD AND COMMISSION APPOINTMENTS

 

2017 - Justice, Supreme Court of Nauru (on a fly in, fly out basis)

 

2015-2016: Special Commissioner, Victorian Law Reform Commissioner in charge of Medicinal Cannabis reference: http://lawreform.vic.gov.au/all-projects/medicinal-cannabis . From 2017 he has been appointed a member of the Commonwealth Government’s Advisory Committee on the Medicinal Use of Cannabis.

 

2010 -: Member, Coronial Council of Victoria

 

1996 - 2021 : Lawyer Member, Mental Health Review Tribunal/ Mental Health Review Board of Victoria (6 terms)

 

2005 - 2015: Disciplinary Appeals Board (Teachers)

 

2008 – 2011: Member, Investigation Review Panel of Victoria (Health Practitioners)

 

2007-2015: Member, Suitability Panel of Victoria (Out of home carers)

 

2000 - 2006 : Lawyer Member, Medical Practitioners Board of Victoria

 

1999 - 2007 : Lawyer Member, Psychologists Registration Board of Victoria

 

1997 – 2005, 2010-2015 : Community Member & Lawyer Member, Psychosurgery Review Board of Victoria

 

1989 - 1993: Lawyer Member, Social Security Appeals Tribunal

 

2008: Northern Football League Disciplinary Tribunal

 

 

PREVIOUS POSITIONS HELD

 

1986 - 1988, Counsel Assisting and Manager, Police Complaints Authority of Victoria

 

1987 - 1991, Nighttime Volunteer at Fitzroy Legal Service

 

1982 - 1986, Australian Law Reform Commission

 

1983 - 86, Senior Legal Officer

 

1982 - 83, Legal Officer

 

AWARDS

 

2012: Elected Fellow of the Australian Academy of Law (FAAL)

 

2012: Elected Fellow of the Academy of Social Sciences Australia (FASSA)

 

2011: Elected Fellow of the Australasian College of Legal Medicine (FACLM (Hon)

 

1996: Life membership of the Australian and New Zealand Association of Psychiatry, Psychology and Law (Transnational President: 1991-1997, Victorian President 2006-2009)

 

1995: Awarded red silk's bag by Costigan QC for work on Children of God case

 

1980-81: Sydney University: Walter Reid Scholarship; Sir Frank Packer Bursary; Sir Arthur George Bursary

 

VICTORIAN BAR MENTORING

 

1. Andrew Palmer (1999-2000)

2. Nicholas Kanarev (2000-2001)

3. Nick Dubrow (2002)

4. Michael Schulze (2003)

5. Anita Spitzer (2003-2004)

6. Baptista Lai (2004)

7. Magda Karagiannakis (2005)

8. Justine Raczkowski (2005-2006)

9. Esther James (2006)

10. Vinod Nath (2007)

11. Kyriaki Vavoulis (2007)

 

PROFESSIONAL ADDRESSES

 

Over 500 addresses to professional gatherings in Australia and internationally: see http://ianfreckelton.com.au/speeches-2/professional-addresses.

C50 one-day workshops on Expert Evidence conducted for the Australian Medical Association, NSW DPP, the Forensic Interest Group of the Institute of Chartered Accountants, Ernst & Young, the Australian and New Zealand Association of Psychiatry, Psychology and Law etc

 

PROFESSIONAL ASSOCIATIONS

 

Australian and New Zealand Association of Psychiatry, Psychology and Law (Transnational President: 1991-1997; Vic President: 2006-2009; Honorary Life Member)

 

International Academy of Law and Mental Health (Australasian Vice-President: 2005- ;

International Board: 2004- )

 

Asia Pacific Coroners Society

 

Coroners Society of England and Wales

 

International Institute of Forensic Studies (Vice-President 2002-2015 )

 

Australian and New Zealand Institute of Health Law and Ethics (Board Member, 1999-2002, 2005-2007)

 

HONORARY ACADEMIC APPOINTMENTS (after hours only)

 

Melbourne University: Professorial Fellow of Law and Psychiatry (2013-   )

 

Monash University: Adjunct Professor of Law and Forensic Medicine (2008-    )

 

La Trobe University: Adjunct Professor of Law (2014-   )

 

Queensland University of Technology: Adjunct Professor of Law (2016- )

Profile1

Dr Freckelton's PhD, entitled "Expert Evidence: Accountability and Evaluation", was conferred by Griffith University in 1998.

Dr Freckelton's LLD, entitled “Health Law, Scholarliness and Regulation”, was conferred by the University of Melbourne in 2017.

 

BAR PRACTICE

1988- : Full-time mixed trial, appellate and advisory practice. Dr Freckelton is an experienced silk who practises in a broad range of areas throughout Australia and internationally in cases which require a high level of strategic skills and close analysis of technical material in the form of expert evidence. He has particular skills in addressing the broader repercussions of  legal disputation so that clients can achieve outcomes which address the issues that have taken them before courts and tribunals. He is an assertive and analytical advocate, equally comfortable with oral advocacy and written submissions, whether these be at first instance or on appeal.

 

Victorian Bar Committee memberships

  • Victorian Bar Council
  • Continuing Professional Development - Sub Committee
  • Ethics Committee
  • Supreme Court - The Judicial Review and Appeals Users' Group
  • Supreme Court Library Committee

Committee Memberships

  • (Member) Audit, Finance and Risk Committee
  • (Member) Category A: Eleven counsel who are Queen's Counsel, Senior Counsel or junior counsel of not less than fifteen years standing
  • (Member) Ethics Committee
  • (Member) Supreme Court - The Judicial Review and Appeals Users' Group
  • (Member) Supreme Court Library Committee