Graeme McEwen

Experienced trial and appellate advocate with an attendant advisory practice. Appeared/acted in a multitude of cases in general commercial and equity law, and in cases also of employment contracts including restraint of trade, and in cases of professional negligence. Recently also appeared in a major bankruptcy case and appeal, Paras v Westpac Banking Corporation [2021] FCA 616.

Numerous matters in which appeared include cases in the Federal Court (Vic, NSW and WA), Victorian Court of Appeal, and the Victorian and NSW Supreme Courts. Varied matters in employment law include, for example, acting for a large public company  (instructed by Baker McKenzie) to conduct an investigation of whether a general manager had engaged in misconduct, or to act for a terminated CEO in Gattino v Respiri Limited [2020] FCA (ultimately settled before trial). Numerous interlocutory injunction applications in commercial and equity law matters. Also in employment law matters over many years, such as to enforce an employee restraint of trade clause to protect confidential information: for example Sportsbet Pty Ltd v Carpanini and Beteasy Pty Ltd [2014] VSC 166 (31 March 2014).

The constitional law “free speech” case of Levy v State of Victoria (1997) 189 CLR 579; 146 ALR 248 (HCA) 

Cases beyond those of more recent years in commercial and equity law include:

State Bank South Australia and Beneficial Finance Corporation v Colliers International Property Consultants Pty Ltd & Anor (claim for $150M settled on first day of estimated 60 day hearing)

Fitzwood Pty Ltd v Unique Gold Pty Ltd (In Liq.) [2002] FCAFC 285 (Lee, Hill and Drummond JJ), 14 November 2002 (Full Fed Ct)

Fitzwood Pty Ltd v Unique Gold Pty Ltd (In Liq.) 188 ALR 566 (Finkelstein J)

Ashbrooke Pty Ltd v. Holding Redlich [2010] VSC 579 (13 December 2010)

M3 Holdings Australia Pty Ltd v. 420 Spencer Nominees Pty Ltd & ors [2007 ] VSC 396 (9 October 2007)

Spiteri & anor v. NAB Limited [2007] VSC 395 (12 October 2007)

Recent Writings:

Employers behaving badly: further options in equity and contract law (including the confinement of Intico) for the wronged executive in unfair dismissal and variable remuneration (Employment Law Bulletin,  June 2019, Vol 25, No 2 & 3)

Fiduciary and related statutory duties of employees (Employment Law Bulletin, May 2015, Vol 21 No 3)

Employment restraint of trade clauses and protection of confidential information from trade rivals (Employment Law Bulletin, August 2014, Vol 20 No 7)

Employment restraint of trade clauses and protection of confidential from trade rivals -Part 2  (Employment Law Bulletin, October 2014, Vol 20 No 8)

Three Key Challenges in Public Interest Litigation (Victorian Bar Conference, Torquay, March 2011)

Challenging Standard Form Contracts under the Unfair Contracts Law (Victorian Property Law Conference, 17 February 2011)

The Consumer Protection Amendments to the Trade Practices Act 1974 (Victorian Bar, 21 July 2010; L.I.V Business Law meeting, 20 April 2010)

Friendly Takeovers by Scheme of Arrangement: The Question of 'Class' Vol 36 No. 1 (February 2009) 'Brief', WA Law Society journal

Employee Restraint of Trade Clauses and Confidential Information (October 2008), 'Brief', WA Law Society journal

Author of book published June 2011,  ‘Animal Law: Principles and Frontiers’ - see www.bawp.org.au/animallaw/

Positions held:

Melbourne Law School, part-time lecturer, 2010, 2011 & 2012 Founder and inaugural Chair (2006-14), Barristers Animal Welfare Panel www.bawp.org.au , former Senior Associate, Mallesons.