Luisa F Alampi

Admitted:
8 Nov 2000
Bar:
20 Nov 2008
Location:
Room 0602, Douglas Menzies Chambers,
180 William Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Luisa returns to the Bar after two and a half years at Consumer Affairs Victoria (CAV) where she occupied the roles of General Manager, Legal Services Branch and Senior Advocate.  She specialises in the areas of general commercial, contract and regulatory law, including consumer protection and disciplinary matters.

During her time at CAV, Luisa advised and represented the Director in a breadth of consumer protection matters under the Australian Consumer Law and Australian Consumer Law (Vic) including product safety, misleading or deceptive conduct, false or misleading representations, unconscionable conduct, and unfair contract terms.  She was the lead lawyer in the estate agent “underquoting” matters, together with key prosecutions, applications and disciplinary inquiries under the Australian Consumer Law, Australian Consumer Law (Vic), Estate Agents Act, Retirement Villages Act, Motor Car Traders Act, Fundraising Act, Sex Work Act, Domestic Building Contracts Act, Conveyancers Act and Residential Tenancies Act.

Luisa’s matters at CAV resulted in pecuniary penalties and fines in excess of $2m, together with injunctions, declarations, compliance programs and adverse publicity orders.  She was also appointed as the Director’s Delegate/Appointee, and Counsel assisting the Director, in numerous coercive examinations held under the Australian Consumer Law and Fair Trading Act 2012.

Prior to her experience at CAV, Luisa was at the Bar for over seven years where she had a broad commercial practice which included building and construction, negligence, torts, contracts, insurance, property, environmental and planning law - areas in which she still practices.  She regularly advises and appears for local councils, water authorities and construction professionals which was a large part of her private practice experience before being called to the Bar in 2008.

Luisa is a member of the Law Council of Australia's Competition and Consumer Law Committee, as well as the Victorian Bar's Race, Ethnicity and Cultural Diversity Working Group.    

SELECTION OF CASES 30 May 2016 – 23 November 2018 as General Manager and Senior Advocate, Legal Services Branch, Consumer Affairs Victoria (Department of Justice and Regulation):

  • Director of Consumer Affairs v ADG Windows Pty Ltd and John Heath (ACL(Vic)) – Magistrates’ Court - applications for interim and final injunctions;
  • Director of Consumer Affairs Victoria v Wens Bros Trading Pty Ltd & Anor – Federal Court of Australia [2019] FCA 39 - product safety breaches under the (ACL) and (ACL(Vic));
  • Criminal prosecutions (various Magistrates’ Courts):
    • Ezy Lite Pty Ltd and Adnan Dennaoui - (ACL(Vic)) false or misleading representations;
    • Aldergate Nominees Pty Ltd and Tracey Smith - Estate Agents Act 1980 trust account defalcation;
    • Stephen Snowden – s17 of the Retirement Villages Act 1986;
    • Andrew Renn - Domestic Building Contracts Act 1986 and ACL(Vic));
  • Instructing in the matter of Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd ­- Federal Court of Australia (No.2) [2016] FCA 1435 and [2016] FCA 1184 - (ACL) and (ACL(Vic)) – false or misleading representations concerning the price payable for the sale of land;
  • Instructing in the matter of Director of Consumer Affairs Victoria v Fletcher and Parker (Balwyn) Pty Ltd – Federal Court of Australia [2017] FCA 1521 including developing case strategy, witness statement drafting, evidence collection and settlement (ACL) and (ACL(Vic)) – false or misleading representations concerning the price payable for the sale of land;
  • Instructing in the matter of Director of Consumer Affairs Victoria v Manningham Property Group Pty Ltd & Ors – Federal Court of Australia [2017] FCA 1448 including developing case strategy, witness statement drafting, evidence collection and settlement (ACL) and (ACL(Vic)) – false or misleading representations concerning the price payable for the sale of land;
  • Acting as the Director of Consumer Affairs Victoria’s Delegate/Appointee in coercive examinations under section 126(1)(c) of the Australian Consumer Law and Fair Trading Act 2012;
  • Acting as examiner/lawyer assisting in examinations under section 126(1)(c) of the Australian Consumer Law and Fair Trading Act 2012;
  • Drafting Enforceable Undertakings.

 

SELECTION OF CASES March 2019 to present; November 2008 – May 2016 Barrister, Victorian Bar:

  • Director of Consumer Affairs Victoria & Anor ats Advisory Services Pty Ltd (trading as Ray White St. Albans) – liability of a statutory authority – led by D Klempfner (County Court); 
  • Wheelahan & Ors v City of Casey & Ors – commercial, environmental, false or misleading representations and misleading or deceptive conduct led by J Gleeson QC and D Klempfner (Supreme Court);
  • Solid Investments Pty Ltd v Vibro- pile (Aust) & Ors – building and construction, false or misleading representations and misleading or deceptive conduct led by the Hon. Tony Graham (VCAT and Supreme Court);
  • Geotech Pty Ltd v Riva Hawthorn Pty Ltd – an arbitration under the Commercial Arbitration Act 2011, led by M Whitten (now QC). Building and construction,  misleading or deceptive conduct;
  • Guirguis & Anor v Owners Corporation 17424 – owners’ corporation dispute (VCAT);
  • Cripps v Director of Liquor Licensing – merits review, planning (VCAT);
  •  XYC v Secretary, Department of Justice – merits review, Working with Children application (VCAT);
  • 2G Developments v Hue Boutique Living Pty Ltd & Ors – merits review, planning (VCAT);
  • Bendat v Commissioner for Gambling Regulation and Ballarat RSL Sub-Branch Inc – merits review, planning/gaming (VCAT);
  • Klepfisz v Owners’ Corporation 4105 – owners’ corporation dispute (VCAT);
  • City of Yarra v Cardamone – prosecution under the Building Act (Magistrates’ Court);
  • Tivoli Apartments Pty Ltd v Melbourne City Council & Anor – merits review, planning (VCAT);
  • City of Yarra & Ors v Young - Water Act, negligence (VCAT);
  • Bounce Australia v TR Pty Ltd & Ors – merits review, planning (VCAT);
  • Valos v Valos Black & Associates – solicitor negligence (County Court);
  • Beachley Street Pty Ltd v Grain Haul Pty Ltd – commercial, lease agreement (County Court);
  • Betts v City West Homes & Ors – building and construction, false or misleading conduct (VCAT);
  • Sarkissian v City West Homes & Ors – building and construction (VCAT);
  • Di Pietro v Rose – building and construction (VCAT);
  • Latchen Pty Ltd v Mae Pacific Pty Ltd – building and construction (VCAT);
  • Brown v Cardona [2009] VCAT 910– building and construction dispute (VCAT);
  • Patten v Melbourne Water & Anor – Nuisance, planning (Supreme Court);
  • Numerous appearances for VicRoads in s26AA Road Safety Act appeals (Magistrates’ Court)’
  • Numerous covenant removal cases – Supreme Court.
AREAS OF PRACTICE
Alternative Dispute Resolution (ADR)
Commercial Law
Common Law
Criminal Law
Environmental Law & Planning Law
Government
Public Law & Administrative Law

Profile1

Luisa returns to the Bar after two and a half years at Consumer Affairs Victoria (CAV) where she occupied the roles of General Manager, Legal Services Branch and Senior Advocate.  She specialises in the areas of general commercial, contract and regulatory law, including consumer protection and disciplinary matters.

During her time at CAV, Luisa advised and represented the Director in a breadth of consumer protection matters under the Australian Consumer Law and Australian Consumer Law (Vic) including product safety, misleading or deceptive conduct, false or misleading representations, unconscionable conduct, and unfair contract terms.  She was the lead lawyer in the estate agent “underquoting” matters, together with key prosecutions, applications and disciplinary inquiries under the Australian Consumer Law, Australian Consumer Law (Vic), Estate Agents Act, Retirement Villages Act, Motor Car Traders Act, Fundraising Act, Sex Work Act, Domestic Building Contracts Act, Conveyancers Act and Residential Tenancies Act.

Luisa’s matters at CAV resulted in pecuniary penalties and fines in excess of $2m, together with injunctions, declarations, compliance programs and adverse publicity orders.  She was also appointed as the Director’s Delegate/Appointee, and Counsel assisting the Director, in numerous coercive examinations held under the Australian Consumer Law and Fair Trading Act 2012.

Prior to her experience at CAV, Luisa was at the Bar for over seven years where she had a broad commercial practice which included building and construction, negligence, torts, contracts, insurance, property, environmental and planning law - areas in which she still practices.  She regularly advises and appears for local councils, water authorities and construction professionals which was a large part of her private practice experience before being called to the Bar in 2008.

Luisa is a member of the Law Council of Australia's Competition and Consumer Law Committee, as well as the Victorian Bar's Race, Ethnicity and Cultural Diversity Working Group.    

SELECTION OF CASES 30 May 2016 – 23 November 2018 as General Manager and Senior Advocate, Legal Services Branch, Consumer Affairs Victoria (Department of Justice and Regulation):

  • Director of Consumer Affairs v ADG Windows Pty Ltd and John Heath (ACL(Vic)) – Magistrates’ Court - applications for interim and final injunctions;
  • Director of Consumer Affairs Victoria v Wens Bros Trading Pty Ltd & Anor – Federal Court of Australia [2019] FCA 39 - product safety breaches under the (ACL) and (ACL(Vic));
  • Criminal prosecutions (various Magistrates’ Courts):
    • Ezy Lite Pty Ltd and Adnan Dennaoui - (ACL(Vic)) false or misleading representations;
    • Aldergate Nominees Pty Ltd and Tracey Smith - Estate Agents Act 1980 trust account defalcation;
    • Stephen Snowden – s17 of the Retirement Villages Act 1986;
    • Andrew Renn - Domestic Building Contracts Act 1986 and ACL(Vic));
  • Instructing in the matter of Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd ­- Federal Court of Australia (No.2) [2016] FCA 1435 and [2016] FCA 1184 - (ACL) and (ACL(Vic)) – false or misleading representations concerning the price payable for the sale of land;
  • Instructing in the matter of Director of Consumer Affairs Victoria v Fletcher and Parker (Balwyn) Pty Ltd – Federal Court of Australia [2017] FCA 1521 including developing case strategy, witness statement drafting, evidence collection and settlement (ACL) and (ACL(Vic)) – false or misleading representations concerning the price payable for the sale of land;
  • Instructing in the matter of Director of Consumer Affairs Victoria v Manningham Property Group Pty Ltd & Ors – Federal Court of Australia [2017] FCA 1448 including developing case strategy, witness statement drafting, evidence collection and settlement (ACL) and (ACL(Vic)) – false or misleading representations concerning the price payable for the sale of land;
  • Acting as the Director of Consumer Affairs Victoria’s Delegate/Appointee in coercive examinations under section 126(1)(c) of the Australian Consumer Law and Fair Trading Act 2012;
  • Acting as examiner/lawyer assisting in examinations under section 126(1)(c) of the Australian Consumer Law and Fair Trading Act 2012;
  • Drafting Enforceable Undertakings.

 

SELECTION OF CASES March 2019 to present; November 2008 – May 2016 Barrister, Victorian Bar:

  • Director of Consumer Affairs Victoria & Anor ats Advisory Services Pty Ltd (trading as Ray White St. Albans) – liability of a statutory authority – led by D Klempfner (County Court); 
  • Wheelahan & Ors v City of Casey & Ors – commercial, environmental, false or misleading representations and misleading or deceptive conduct led by J Gleeson QC and D Klempfner (Supreme Court);
  • Solid Investments Pty Ltd v Vibro- pile (Aust) & Ors – building and construction, false or misleading representations and misleading or deceptive conduct led by the Hon. Tony Graham (VCAT and Supreme Court);
  • Geotech Pty Ltd v Riva Hawthorn Pty Ltd – an arbitration under the Commercial Arbitration Act 2011, led by M Whitten (now QC). Building and construction,  misleading or deceptive conduct;
  • Guirguis & Anor v Owners Corporation 17424 – owners’ corporation dispute (VCAT);
  • Cripps v Director of Liquor Licensing – merits review, planning (VCAT);
  •  XYC v Secretary, Department of Justice – merits review, Working with Children application (VCAT);
  • 2G Developments v Hue Boutique Living Pty Ltd & Ors – merits review, planning (VCAT);
  • Bendat v Commissioner for Gambling Regulation and Ballarat RSL Sub-Branch Inc – merits review, planning/gaming (VCAT);
  • Klepfisz v Owners’ Corporation 4105 – owners’ corporation dispute (VCAT);
  • City of Yarra v Cardamone – prosecution under the Building Act (Magistrates’ Court);
  • Tivoli Apartments Pty Ltd v Melbourne City Council & Anor – merits review, planning (VCAT);
  • City of Yarra & Ors v Young - Water Act, negligence (VCAT);
  • Bounce Australia v TR Pty Ltd & Ors – merits review, planning (VCAT);
  • Valos v Valos Black & Associates – solicitor negligence (County Court);
  • Beachley Street Pty Ltd v Grain Haul Pty Ltd – commercial, lease agreement (County Court);
  • Betts v City West Homes & Ors – building and construction, false or misleading conduct (VCAT);
  • Sarkissian v City West Homes & Ors – building and construction (VCAT);
  • Di Pietro v Rose – building and construction (VCAT);
  • Latchen Pty Ltd v Mae Pacific Pty Ltd – building and construction (VCAT);
  • Brown v Cardona [2009] VCAT 910– building and construction dispute (VCAT);
  • Patten v Melbourne Water & Anor – Nuisance, planning (Supreme Court);
  • Numerous appearances for VicRoads in s26AA Road Safety Act appeals (Magistrates’ Court)’
  • Numerous covenant removal cases – Supreme Court.

Other Languages Spoken

  • Italian