Gideon Boas has a broad criminal and civil practice. He appears in criminal law trials and appeals, including in the areas of terrorism, foreign incursions, slavery, drugs and fraud. He appears in inquiries and coronial matters. He has an extensive personal injury practice, with particular expertise in historical sex abuse cases against various religious institutions and State bodies, but also tort law more broadly. He practices in industrial and other civil and commercial areas. He is an expert in evidence law, in which he teaches and is widely published (see, e.g., Bellew, Arthur, Boas and Chifflet, Australian Uniform Evidence Law: Principles and Context, LexisNexis 2022, 2nd ed). Gideon has considerable experience in complex litigation, both in Australia and internationally.
Gideon has worked as a Senior Legal Officer at the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY), where he led the Trial Chamber’s legal team in the Milosevic case. He has also acted for Radovan Karadzic, accused of genocide, crimes against humanity and war crimes before the ICTY.
Gideon has delivered legal training on criminal and administrative law matters, including to the Victorian Bar, Judicial College of Victoria, Police Prosecutors, Victoria Legal Aid, the Office of Public Prosecutions and the Department of Justice, on the criminal process implications of the Victorian Charter of Human Rights and Responsibilities. He has given expert legal opinion on a range of matters, including in the extradition and human rights areas. He has consulted for a range of government bodies, including the Australian federal government and Victorian government departments, the United Kingdom Foreign and Commonwealth Office, and the United Nations. Gideon has published many books, book chapters and journal articles on criminal law and justice, evidence and procedure, and international law.
Gideon is a Victoria Legal Aid Criminal Trial preferred barrister. He is also an accredited specialist criminal law advocate under the Victorian Bar's Indictable Crime Certificate program.
Gideon is also an Adjunct Professor of Law at La Trobe University.
Some of Gideon's recent cases include:
- DPP v Tung Pham [2022] VCC, Ruling excluding Record of Interview pursuant to s 90 Evidence Act; Ruling refusing certification of interlocutory decision sought by Crown.
- DP (a pseudonym) v Bishop Paul Bernard Bird [2021] VSC 850 [JUDGMENT], (Ruling 1) [2021] VSC 453 and (Ruling No 2) [2021] VSC 540, leading Dr Eamonn Kelly, first finding on vicarious liability of its nature in Australia.
- Victorian Legal Services Commissioner v Bloom and Chiu (Legal Practice) [2021] VCAT 1088, led by Dr Ian Freckelton AO KC.
- Mark Di Cesare v Bishop Paul Bird and Congregation of the Christian Brothers [2021] VSC 25.
- Paul Levey v Bishop Paul Bernard Bird [2020] VSC 615.
- Ibrahim Abbas v The Queen [2020] VSCA 80, leading Paul Smallwood and Mihal Greener, leave to appeal sentence.
- Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Monash Freeway Widening Case) (No 2) [2021] FCA 1101.
- Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Monash Freeway Widening Case) [2020] FCA 1727, leading Chris Tran.
- Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the costs of the Cup of Tea Case) [2019] FCAFC 36.
- Le v The Queen [2019] VSCA 80, leading Andrew Imrie, leave to appeal sentence.
- Jarratt (a Pseudonym) & Ors v The Queen [2018] VSCA 150, adequacy of particulars in a foreign incursion case.
- Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Cup of Tea Case) [2018] FCA 402, right of entry and alleged threats under Fair Work Act.
- The Queen v Cerantonio & Ors, Rulings 1 - 11 [2017] VSC 725; Ruling 13 [2018] VSC 35; Ruling 15 [2018] VSC 77; Ruling 16 [2018] VSC 97, pre-trial rulings on elements of offence and adequacy of particulars; Ruling 19 [2018] VSC 725.
- Hoang v The Queen [2018] VSCA 86, leading David Carolan, sentencing appeal.
Some of Gideon's current ongoing matters include:
- Bishop Paul Bernard Bird v DP (A Pseudonym), appeal and cross-appeal, Court of Appeal, Victoria.
- Commonwealth Director of Public Prosecutions v Danny Zayneh, Operation Ironside (conspiracy to import commercial quantities of methamphetamine and cocaine, leading Dr Eamonn Kelly.
- Various historical institutional sex abuse cases against Watchtower & Bible Tract Society of Australia (Jehovah's Witnesses), the Salesian Society of Victoria, Archdiocese of Melbourne, Catholic Diocese of Ballarat, De La Salle Brothers (NSW and Victoria), Anglican Diocese of Tasmania, State of Victoria, various religious schools, and others, leading counsel in all matters.
- Investigation into the Death of Shane Tuck, Counsel Assisting the Coroner, Judge Cain.
- Investigation into the Death of XY, Counsel Assisting Coroner McGregor.
