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. 

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

Appeals

  • Crown Resorts Ltd v Zantran Pty Ltd [2020] FCAFC 1 – 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

Regulatory proceedings

  • ASIC v Helou (No 2) [2020] FCA 1650 – ASIC proceeding in the Federal Court – continuous disclosure contraventions – accessorial liability – counsel for former CFO of Murray Goulburn led by Robert Craig QC
  • ASIC v Helou [2019] FCA 1634 – application for permanent stay of proceeding on abuse of process grounds

Class actions

  • 5 Boroughs NY Pty Ltd v State of Victoria – class action in the Supreme Court of Victoria – alleged negligence in relation to the Hotel Quarantime Program causing losses to small businesses – counsel for the plaintiff, led by Wendy Harris QC and Adam Hochroth
  • Zantran Pty Ltd v Crown Resorts Ltd  – securities 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 QC and Fleur Shand

Takeovers

Privilege

Contract law

  • 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 QC
  • Advice on whether a services contract had been frustrated or could be terminated – led by Robert Craig QC

    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

    Evidence 

    • Application for an advance ruling under s 192A of the Evidence Act that two expert reports were inadmissible – 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 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 QC)

    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. 

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

    Appeals

    • Crown Resorts Ltd v Zantran Pty Ltd [2020] FCAFC 1 – 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

    Regulatory proceedings

    • ASIC v Helou (No 2) [2020] FCA 1650 – ASIC proceeding in the Federal Court – continuous disclosure contraventions – accessorial liability – counsel for former CFO of Murray Goulburn led by Robert Craig QC
    • ASIC v Helou [2019] FCA 1634 – application for permanent stay of proceeding on abuse of process grounds

    Class actions

    • 5 Boroughs NY Pty Ltd v State of Victoria – class action in the Supreme Court of Victoria – alleged negligence in relation to the Hotel Quarantime Program causing losses to small businesses – counsel for the plaintiff, led by Wendy Harris QC and Adam Hochroth
    • Zantran Pty Ltd v Crown Resorts Ltd  – securities 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 QC and Fleur Shand

    Takeovers

    Privilege

    Contract law

    • 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 QC
    • Advice on whether a services contract had been frustrated or could be terminated – led by Robert Craig QC

      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

      Evidence 

      • Application for an advance ruling under s 192A of the Evidence Act that two expert reports were inadmissible – 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 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 QC)

      Privacy

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