Huw Whitwell

Huw practises in all areas of commercial and public law.

Prior to coming to the Bar, Huw was an associate to the Hon. Justice Moshinsky of the Federal Court of Australia and a solicitor at Minter Ellison. 

Huw's experience includes the following:

Class actions

• Allen v G8 Education Ltd – Supreme Court of Victoria – alleged continuous disclosure contraventions and misleading or deceptive conduct – counsel for G8 Education led by Robert Craig QC and Jennifer Findlay
  • Allen v G8 Education Ltd [2021] VSC 173 – interlocutory dispute concerning redaction of a costs agreement
• Zantran Pty Ltd v Crown Resorts Ltd – Federal Court of Australia – alleged continuous disclosure contraventions and misleading or deceptive conduct – counsel for Crown Resorts led by Neil Young QC, Nick Hopkins QC, Robert Craig QC, and Fleur Shand
• 5 Buroughs Pty Ltd v State of Victoria – Supreme Court of Victoria – alleged negligence in implementing the Hotel Quarantine Program in Victoria – counsel for the plaintiff led by Wendy Harris QC and Adam Hochroth

Regulatory proceedings

• ASIC v Helou (No 2) – Federal Court of Australia – continuous disclosure contraventions – accessorial liability – counsel for former CFO of Murray Goulburn led by Robert Craig QC
• ASIC v Helou – Federal Court of Australia – application for permanent stay of ASIC proceeding as an abuse of process

Royal Commissions and other inquiries

• NSW Casino Inquiry – counsel for Crown Sydney Gaming Pty Ltd and Crown Resorts Ltd led by Neil Young QC and Rowena Orr QC (also appeared unled)
• Royal Commission into the Casino Operator and Licence – counsel for Crown Melbourne Ltd and Crown Resorts Ltd led by Michael Borksy QC and Dr Catherine Button QC

Takeovers

• Cromwell Corporation Ltd v ARA Real Estate Investors XXI Pte Ltd [2020] FCA 1492 – Federal Court of Australia – preliminary discovery application in relation to possible contraventions of s 606 of the Corporations Act 2001 (Cth) – counsel for Cromwell led by David Batt QC and Kathleen Foley

Appeals

• Crown Resorts Ltd v Zantran Pty Ltd [2020] FCAFC 1 – Full Court of the Federal Court of Australia – power of court to interfere with contractual confidentiality obligations – counsel for Crown Resorts led by Neil Young QC and Fleur Shand

Judicial advice to trustees

• Re United Almonds Ltd – Supreme Court of Victoria – application for judicial advice on behalf of a trustee – counsel for United Almonds Ltd led by Robert Craig QC

Administrative law

• Advice to a Commonwealth government agency on the validity of certain decisions led by Allan Myers AC QC
• Advice to a corporate bookmaker on judicial review prospects (unled)

Privilege

• Zantran Pty Ltd v Crown Resorts Ltd (No 2) [2020] FCA 1024 – Federal Court of Australia – application for production of documents over which legal professional privilege claimed – led by Robert Craig QC

Contract law

• Eftel Pty Ltd v Teddi Operations Pty Ltd – Supreme Court of Victoria – proceeding seeking a declaration of contractual entitlement – counsel for Eftel (Vocus) led by Stewart Maiden QC

Evidence 

• Application for an advance ruling under s 192A of the Evidence Act that expert reports were inadmissible – Federal Court of Australia – led by Neil Young QC

Professional obligations

• Bolitho v Banksia Securities Ltd – Supreme Court of Victoria – remitter of settlement approval application so far as it relates to commission and legal costs – allegations of professional misconduct made as part of remitter

Retail leasing

• Advice to a listed property group on the proper construction of a retail lease and on rectification led by David Batt QC

Competition and consumer law

• Advice to a travel agency on compliance of its advertising and terms and conditions with the Australian Consumer Law (unled)

Managed investment schemes

• Advice to a responsible entity of a managed investment scheme on compliance with its duties under the Corporations Act  2001 (Cth) led by Robert Craig QC

Privacy

• Advice on compliance with the Privacy Act 1998 (Cth) (unled)