Huw C Whitwell


Barrister

Secretary:
Admitted:
9 Dec 2014
Bar:
2 May 2019
Location:
Room 2307, Aickin Chambers,
200 Queen Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Huw practises in all areas of commercial and public law.

Prior to coming to the Bar, Huw was a solicitor in the dispute resolution group at Minter Ellison and was Associate to the Hon. Justice Moshinsky of the Federal Court of Australia. As a solicitor, Huw was involved in litigation in various courts and tribunals and advised on a wide variety of commercial and public law issues. As an Associate at the Federal Court, Huw was exposed to all forms of hearing, including interlocutory applications, trials, and Full Court appeals.

Matters in which Huw has been briefed since coming to the Bar include:

Appeals

  • Crown Resorts Ltd v Zantran Pty Ltd  [2020] FCAFC 1 (successful appeal to the Full Federal Court – whether primary judge erred in ordering that former employees be relieved of contractual confidentiality obligations – counsel for the appellant, Crown Resorts, led by Neil Young QC and Fleur Shand)

Defence of class actions

  • Zantran Pty Ltd v Crown Resorts Ltd (shareholder class action in the Federal Court – alleged continuous disclosure contraventions – alleged misleading or deceptive conduct – counsel for the respondent, Crown Resorts, led by Neil Young QC, Nick Hopkins QC, Robert Craig SC and Fleur Shand)

Defence of regulatory proceedings

  • ASIC v Helou & Hingle (ASIC proceeding in the Federal Court – alleged breaches of directors' and officers' duties – alleged accessorial liability – counsel for former CFO of Murray Goulburn led by Robert Craig SC) 

Contract disputes

  • Eftel Pty Ltd v Teddi Operations Pty Ltd (proceeding in the Supreme Court of Victoria seeking a declaration of contractual entitlement – counsel for Eftel (Vocus) led by Stewart Maiden QC)
  • Vogue of Brighton Pty Ltd v Australian Securities Ltd (proceeding in the County Court of Victoria seeking declaration that certain sums payable under a lending agreement constitute penalties and orders for repayment – led by Robert Craig SC)
  • Advice on whether a major services contract had been frustrated or could be terminated (led by Robert Craig SC)

Privilege

Royal Commissions and other inquiries

  • Appeared for Crown Sydney Gaming Pty Ltd and Crown Resorts Ltd in hearings of the NSW Casino Inquiry – led by Rowena Orr QC

Preliminary discovery

  • Counsel for Cromwell Corporation Ltd and Cromwell Property Securities Ltd in a preliminary discovery application in the Federal Court –  led by Noel Hutley SC and Kathleen Foley

Evidence 

  • Succeeded in obtaining an advance ruling under s 192A of the Evidence Act that two expert reports were inadmissible – interlocutory hearing in the Federal Court 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) 

Administrative law

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

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 major 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 (led by Robert Craig SC)

Privacy

  • Advice to a major travel agency on compliance with the Privacy Act 1998 (Cth) (unled)

 

 

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)
Appellate
Commercial Law
Equity & Trusts
Government
Inquests, Inquiries, Tribunals & Commissions
International Law
Public Law & Administrative Law
Tax Law & Revenue Law

Profile1

Huw practises in all areas of commercial and public law.

Prior to coming to the Bar, Huw was a solicitor in the dispute resolution group at Minter Ellison and was Associate to the Hon. Justice Moshinsky of the Federal Court of Australia. As a solicitor, Huw was involved in litigation in various courts and tribunals and advised on a wide variety of commercial and public law issues. As an Associate at the Federal Court, Huw was exposed to all forms of hearing, including interlocutory applications, trials, and Full Court appeals.

Matters in which Huw has been briefed since coming to the Bar include:

Appeals

  • Crown Resorts Ltd v Zantran Pty Ltd  [2020] FCAFC 1 (successful appeal to the Full Federal Court – whether primary judge erred in ordering that former employees be relieved of contractual confidentiality obligations – counsel for the appellant, Crown Resorts, led by Neil Young QC and Fleur Shand)

Defence of class actions

  • Zantran Pty Ltd v Crown Resorts Ltd (shareholder class action in the Federal Court – alleged continuous disclosure contraventions – alleged misleading or deceptive conduct – counsel for the respondent, Crown Resorts, led by Neil Young QC, Nick Hopkins QC, Robert Craig SC and Fleur Shand)

Defence of regulatory proceedings

  • ASIC v Helou & Hingle (ASIC proceeding in the Federal Court – alleged breaches of directors' and officers' duties – alleged accessorial liability – counsel for former CFO of Murray Goulburn led by Robert Craig SC) 

Contract disputes

  • Eftel Pty Ltd v Teddi Operations Pty Ltd (proceeding in the Supreme Court of Victoria seeking a declaration of contractual entitlement – counsel for Eftel (Vocus) led by Stewart Maiden QC)
  • Vogue of Brighton Pty Ltd v Australian Securities Ltd (proceeding in the County Court of Victoria seeking declaration that certain sums payable under a lending agreement constitute penalties and orders for repayment – led by Robert Craig SC)
  • Advice on whether a major services contract had been frustrated or could be terminated (led by Robert Craig SC)

Privilege

Royal Commissions and other inquiries

  • Appeared for Crown Sydney Gaming Pty Ltd and Crown Resorts Ltd in hearings of the NSW Casino Inquiry – led by Rowena Orr QC

Preliminary discovery

  • Counsel for Cromwell Corporation Ltd and Cromwell Property Securities Ltd in a preliminary discovery application in the Federal Court –  led by Noel Hutley SC and Kathleen Foley

Evidence 

  • Succeeded in obtaining an advance ruling under s 192A of the Evidence Act that two expert reports were inadmissible – interlocutory hearing in the Federal Court 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) 

Administrative law

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

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 major 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 (led by Robert Craig SC)

Privacy

  • Advice to a major travel agency on compliance with the Privacy Act 1998 (Cth) (unled)