Joel Tito


Barrister

Admitted:
11 Dec 2013
Bar:
24 Oct 2019
Location:
Room 2404, Owen Dixon Chambers West,
525 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Joel has a trial and appellate practice in public and criminal law.

He advises and appears led and unled for private and government parties in proceedings concerning judicial and merits review, inquests, commissions of inquiry, and migration.

Prior to coming to the Bar, Joel taught at the University of Melbourne Law School and was previously the Senior Associate to the Honourable Justice Emerton at the Supreme Court of Victoria, during which time her Honour was Judge-in-Charge of the Valuation, Compensation and Planning List.

In 2021, Joel was awarded the inaugural Debbie Mortimer S.C. Award for outstanding achievement in pro bono advocacy.

Selection of recent cases:

Public Law

  • JL v  Mental Health Tribunal S ECI 2021 00498 (Administrative Law; Statutory interpretation; acted for the Department of Health as amicus curiae in a judicial review concerning the jurisdiction of the Mental Health Tribunal; led by Claire Harris QC, against Lisa De Ferrari SC and Gemma Cafarella)
  • Cotterill v Romanes & Anor [2021] VSC 498 (Administrative and Constitutional Law; Criminal Law; Implied Freedom of Political Communication; acted for the plaintiff in a matter challenging the lawfulness of charges issued for protesting during the COVID-19 pandemic; led by Kathleen Foley, against Alistair Pound SC, Frances Gordon and Maya Narayan)
  • Waterloo Co Pty Ltd v Moreland City Council [2021] VCAT 929 (Planning; Statutory Interpretation; successful application for a declaration under the Planning and Environment Act; decision of Council set aside and permit amended; led by Paul Connor QC)
  • Hughes v Darebin City Council [2021] VCAT P1067/2020 (Planning; successful appeal under the Planning and Environment Act against Council's refusal to amend a permit; decision of Council set aside and permit amended; unled)
  • Maguire v Parks Victoria [2020] VSCA 172 (Standing; Injunction; acted for the applicant in an urgent application to prevent the killing of Victoria's Brumby Horses; led by Anthony Strahan QC with Angel Aleksov and Spike Buchanan, against Jason Pizer QC and Olaf Ciolek)
  • QDQY v Minister for Immigration & Anor (2020) VID 171/2020 (Migration Law; Evidence Law; acted for an Applicant in a review of the AAT's decision not to revoke a visa cancellation (reserved); unled, against Graeme Hill)
  • Gebrehiwot v McCutcheon [2020] VSC 109 (Public Law; Criminal Law; Statutory Construction; acted for the plaintiff and Victoria Legal Aid in a matter concerning the scope of Victoria Police's powers to issue proceedings; led by Kathleen Foley)
  • Almomani v Minister for Immigration and Border Protection [2020] FCA 264 (Public Law; Migration; acted for the applicant in a judicial review of a migration decision; unled)
  • BYC19 v Minister for Home Affairs & Anor FCCA MLG1444/2019 (Migration; acted for the applicant in a judicial review of a migration decision; unled; Minister withdrew after oral submissions and granted applicant a visa; unled against Nick Wood)

Criminal Law, Inquests and Commissions

  • Hooper & Oxymed Australia Pty Ltd v DPP [2021] VSCA 68 (Criminal LawStatutory interpretation; successful appeal concerning the proper construction of term 'the interests of justice' in the Criminal Procedure Act; led by Colin Mandy SC, against Jeremy Rapke QC and Diana Karamicov)
  • DPP v Munoz & Ors [2020] VCC 50 (Criminal Law; Sentence; appeared for one of the co-accused in a matter concerning an attempt to possess commercial quantity of unlawful imported border controlled drug)
  • Re: The death of Mr Raymond Noel Lindsay Thomas COR 2017 3012 (Coronial Inquest; acted for the family of Raymond Noel and the Victorian Aboriginal Legal Service in an inquest into the death of an Aboriginal man after being chased by Victoria Police; led by Tony Trood)
  • Royal Commission into the Management of Police Informants v DPP and Ors [2020] VSCA (Public Law; Criminal Law; Evidence and Procedure; acted for the Chief Examiner of Victoria in a confidential application to the Court of Appeal by the Royal Commission; led by Raelene Sharp)
  • Royal Commission into Victoria's Mental Health System (Public Law; Commission or Inquiry; acted for the State of Victoria in an investigation into the state's mental health system; led by Claire Harris QC)

Joel has particular expertise in statutory interpretation matters and his legal analysis is complemented by technical experience gained in policy and government positions including as an Associate at the Boston Consulting Group and a Principal Legal Officer at the Department of Justice and Community Safety. He also worked in London for three years at the Centre for Public Impact where he led a research team investigating the use of Artificial Intelligence in the law. During that time he published and spoke at several international conferences about the way in which intelligent machines may affect legal systems.

Joel graduated with a Bachelor of Laws (Hons), Bachelor of Arts (Combined Hons – Philosophy & Political Science) and Diploma of Modern Languages (Japanese) from the University of Melbourne. He subsequently studied at Hitotsubashi University in Tokyo as a recipient of the Prime Minister’s Endeavour Award and his research focused on the legal philosophical basis of nonhuman animal rights.

Joel read with Graeme Hill and his Senior Mentors are Rowena Orr QC and Colin Mandy SC. He accepts pro bono briefs and has completed work for the Victorian Aboriginal Legal Service, Asylum Seeker Resource Centre, North Australian Aboriginal Justice Agency and Fitzroy Legal Service.

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

Appellate
Common Law
Criminal Law
Environmental Law & Planning Law
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law
Technology Law & Media Law
EXTENDED BIOGRAPHY

Joel has a trial and appellate practice in public and criminal law.

He advises and appears led and unled for private and government parties in proceedings concerning judicial and merits review, inquests, commissions of inquiry, state and federal crime and migration.

Prior to coming to the Bar, Joel taught at the University of Melbourne Law School and was previously the Senior Associate to the Honourable Justice Emerton at the Supreme Court of Victoria, during which time her Honour was Judge-in-Charge of the Valuation, Compensation and Planning List.

In 2021, Joel was awarded the inaugural Debbie Mortimer S.C. Award for outstanding achievement in pro bono advocacy for a successful review of the Minister for Immigration's decision not to revoke a visa cancellation.

Joel has particular expertise in statutory interpretation matters and his legal analysis is complemented by technical experience gained in policy and government positions including as an Associate at the Boston Consulting Group and a Principal Legal Officer at the Department of Justice and Community Safety. He also worked in London for three years at the Centre for Public Impact where he led a research team investigating the use of Artificial Intelligence in the law. During that time he published and spoke at several international conferences about the way in which intelligent machines may affect legal systems.

Joel graduated with a Bachelor of Laws (Hons), Bachelor of Arts (Combined Hons – Philosophy & Political Science) and Diploma of Modern Languages (Japanese) from the University of Melbourne. He subsequently studied at Hitotsubashi University in Tokyo as a recipient of the Prime Minister’s Endeavour Award and his research focused on the legal philosophical basis of nonhuman animal rights.

Joel read with Graeme Hill and his Senior Mentors are Rowena Orr QC and Colin Mandy SC. He accepts pro bono briefs and has completed work for the Victorian Aboriginal Legal Service, Asylum Seeker Resource Centre, North Australian Aboriginal Justice Agency and Fitzroy Legal Service.

Profile1

Joel has a trial and appellate practice in public and criminal law.

He advises and appears led and unled for private and government parties in proceedings concerning judicial and merits review, inquests, commissions of inquiry, and migration.

Prior to coming to the Bar, Joel taught at the University of Melbourne Law School and was previously the Senior Associate to the Honourable Justice Emerton at the Supreme Court of Victoria, during which time her Honour was Judge-in-Charge of the Valuation, Compensation and Planning List.

In 2021, Joel was awarded the inaugural Debbie Mortimer S.C. Award for outstanding achievement in pro bono advocacy.

Selection of recent cases:

Public Law

  • JL v  Mental Health Tribunal S ECI 2021 00498 (Administrative Law; Statutory interpretation; acted for the Department of Health as amicus curiae in a judicial review concerning the jurisdiction of the Mental Health Tribunal; led by Claire Harris QC, against Lisa De Ferrari SC and Gemma Cafarella)
  • Cotterill v Romanes & Anor [2021] VSC 498 (Administrative and Constitutional Law; Criminal Law; Implied Freedom of Political Communication; acted for the plaintiff in a matter challenging the lawfulness of charges issued for protesting during the COVID-19 pandemic; led by Kathleen Foley, against Alistair Pound SC, Frances Gordon and Maya Narayan)
  • Waterloo Co Pty Ltd v Moreland City Council [2021] VCAT 929 (Planning; Statutory Interpretation; successful application for a declaration under the Planning and Environment Act; decision of Council set aside and permit amended; led by Paul Connor QC)
  • Hughes v Darebin City Council [2021] VCAT P1067/2020 (Planning; successful appeal under the Planning and Environment Act against Council's refusal to amend a permit; decision of Council set aside and permit amended; unled)
  • Maguire v Parks Victoria [2020] VSCA 172 (Standing; Injunction; acted for the applicant in an urgent application to prevent the killing of Victoria's Brumby Horses; led by Anthony Strahan QC with Angel Aleksov and Spike Buchanan, against Jason Pizer QC and Olaf Ciolek)
  • QDQY v Minister for Immigration & Anor (2020) VID 171/2020 (Migration Law; Evidence Law; acted for an Applicant in a review of the AAT's decision not to revoke a visa cancellation (reserved); unled, against Graeme Hill)
  • Gebrehiwot v McCutcheon [2020] VSC 109 (Public Law; Criminal Law; Statutory Construction; acted for the plaintiff and Victoria Legal Aid in a matter concerning the scope of Victoria Police's powers to issue proceedings; led by Kathleen Foley)
  • Almomani v Minister for Immigration and Border Protection [2020] FCA 264 (Public Law; Migration; acted for the applicant in a judicial review of a migration decision; unled)
  • BYC19 v Minister for Home Affairs & Anor FCCA MLG1444/2019 (Migration; acted for the applicant in a judicial review of a migration decision; unled; Minister withdrew after oral submissions and granted applicant a visa; unled against Nick Wood)

Criminal Law, Inquests and Commissions

  • Hooper & Oxymed Australia Pty Ltd v DPP [2021] VSCA 68 (Criminal LawStatutory interpretation; successful appeal concerning the proper construction of term 'the interests of justice' in the Criminal Procedure Act; led by Colin Mandy SC, against Jeremy Rapke QC and Diana Karamicov)
  • DPP v Munoz & Ors [2020] VCC 50 (Criminal Law; Sentence; appeared for one of the co-accused in a matter concerning an attempt to possess commercial quantity of unlawful imported border controlled drug)
  • Re: The death of Mr Raymond Noel Lindsay Thomas COR 2017 3012 (Coronial Inquest; acted for the family of Raymond Noel and the Victorian Aboriginal Legal Service in an inquest into the death of an Aboriginal man after being chased by Victoria Police; led by Tony Trood)
  • Royal Commission into the Management of Police Informants v DPP and Ors [2020] VSCA (Public Law; Criminal Law; Evidence and Procedure; acted for the Chief Examiner of Victoria in a confidential application to the Court of Appeal by the Royal Commission; led by Raelene Sharp)
  • Royal Commission into Victoria's Mental Health System (Public Law; Commission or Inquiry; acted for the State of Victoria in an investigation into the state's mental health system; led by Claire Harris QC)

Joel has particular expertise in statutory interpretation matters and his legal analysis is complemented by technical experience gained in policy and government positions including as an Associate at the Boston Consulting Group and a Principal Legal Officer at the Department of Justice and Community Safety. He also worked in London for three years at the Centre for Public Impact where he led a research team investigating the use of Artificial Intelligence in the law. During that time he published and spoke at several international conferences about the way in which intelligent machines may affect legal systems.

Joel graduated with a Bachelor of Laws (Hons), Bachelor of Arts (Combined Hons – Philosophy & Political Science) and Diploma of Modern Languages (Japanese) from the University of Melbourne. He subsequently studied at Hitotsubashi University in Tokyo as a recipient of the Prime Minister’s Endeavour Award and his research focused on the legal philosophical basis of nonhuman animal rights.

Joel read with Graeme Hill and his Senior Mentors are Rowena Orr QC and Colin Mandy SC. He accepts pro bono briefs and has completed work for the Victorian Aboriginal Legal Service, Asylum Seeker Resource Centre, North Australian Aboriginal Justice Agency and Fitzroy Legal Service.

Other Languages Spoken

  • Italian
  • Japanese

Committee Memberships

  • (Candidate) Category C: Four (4) counsel who are not of Queen's Counsel or Senior Counsel and are of less than 6 years standing