Luisa returned to the Bar in 2019 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 (see case selection below). 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, the Victorian Bar's Commercial Bar Assoiation and the Women Barristers' Association.
SELECTION OF CASES:
- Director of Consumer Affairs Victoria v Waterdale Property Agent Pty Ltd - proven breaches of the Residential Tenancies Act 1997 and Estate Agents (Professional Conduct) Regulations 2018: Magistrates' Court (ex tempore);
- Turner & Anor ats Gray [2022] VCC 1203 - successful costs application: County Court;
- Range Works Pty Ltd v Department of Justice and Community Safety - judicial review of a Prohibition Notice issued by the Deaprtment Secretary under the Public Health and Wellbeing Act 2008: Magistrates' Court (ex tempore);
- BCA Asset Management Group Pty Ltd v Benalla Rural CC & Anor - cancellation of planning permit on the grounds of futility: [2021] VCAT 1150;
- Bosevski v Create (Vic) Real Estate Pty Ltd - misleading or deceptive conduct case against an estate agent: VCAT (settled);
- Sun and Yin v Loader - contract, consumer guarantee and misleading or deceptive conduct case against an interior designer: County Court (settled);
- Wade v J Daniels and Associates Pty Ltd [2020] FCA 1708 - misleading or deceptive conduct ACL and ASIC Acts - led by C Truong QC: Federal Court;
- DPP (DCAV) v Noori - for the Respondent - de novo appeal under the Motor Car Traders Act 1986: County Court (ex tempore);
- Mavuri & Anor v Shah & Anor - contract and misleading or deceptive conduct claim against property vendor and estate agent (for the vendor): VCAT (settled);
- Director of Consumer Affairs Victoria & Anor ats Advisory Services Pty Ltd (trading as Ray White St. Albans) – liability of a statutory official/body – led by D Klempfner: County Court (settled);
- 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 (settled);
- 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 (settled);
- 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;
- Cripps v Director of Liquor Licensing – merits review, planning, liquor licencing: VCAT (ex tempore);
- XYC v Secretary, Department of Justice – merits review, Working with Children application: VCAT (ex tempore);
- 2G Developments v Hue Boutique Living Pty Ltd & Ors – merits review, planning: [2009] VCAT 2182;
- Bendat v Commissioner for Gambling Regulation and Ballarat RSL Sub-Branch Inc – merits review, planning/gaming (VCAT);
- Tivoli Apartments Pty Ltd v Melbourne City Council & Anor – merits review, planning: [2011] VCAT 609;
- Bounce Australia v TR Pty Ltd & Ors – merits review, planning: VCAT;
- Valos v Valos Black & Associates – solicitor negligence: County Court;
- 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.
SELECTION OF CASES as General Manager and Senior Advocate, Legal Services Branch, Consumer Affairs Victoria:
- 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.
