Foley's List Barrister
Barrister Information
Profile
Huw practises in all areas of commercial and public law. Before coming to the Bar, he was a solicitor at MinterEllison and an associate to a judge of the Federal Court of Australia. He has been named as a leading junior by The Legal 500.
Huw's experience at the Bar includes the following:
Commercial disputes
Li Xu v Salter Brothers Asset Management Pty Ltd — Federal Court — misleading or deceptive conduct; unconscionable conduct; breach of contract — counsel for Salter Brothers led by James W S Peters AM KC (briefed by MinterEllison).
El Zain v Vitrafy Life Sciences Ltd [2022] VSC 79 — Supreme Court of Victoria — breach of contract; specific performance — counsel for Vitrafy led by David Batt KC (briefed by MinterEllison).
FX Group Holdings Pty Ltd v Perpetual Trustee Company Ltd — Supreme Court of New South Wales — unilateral mistake; breach of fiduciary duties; misleading or deceptive conduct; breach of contract — counsel for FX Group Holdings led by Peter Brereton SC and Catherine Hamilton-Jewell (briefed by MinterEllison).
BAL Container Line Ltd v JPC Pty Ltd — Federal Court — agency; breach of fiduciary duties; breach of contract — counsel for JPC led by Nick Hopkins KC (briefed by MinterEllison).
Orica Investments Pty Ltd v Aurelius Marvel One Ltd [2023] VSC 18 — Supreme Court of Victoria — stay application on the basis of an expert-determination clause — counsel for Aurelius led by Hamish Austin KC (briefed by Baker McKenzie).
Cromwell Corporation Ltd v ARA Real Estate Investors XXI Pte Ltd [2020] FCA 1492 — Federal Court — preliminary discovery application; s 606 of the Corporations Act — counsel for Cromwell led by David Batt KC and Kathleen Foley SC (briefed by MinterEllison).
Huw's experience at the Bar includes the following:
Commercial disputes
Li Xu v Salter Brothers Asset Management Pty Ltd — Federal Court — misleading or deceptive conduct; unconscionable conduct; breach of contract — counsel for Salter Brothers led by James W S Peters AM KC (briefed by MinterEllison).
El Zain v Vitrafy Life Sciences Ltd [2022] VSC 79 — Supreme Court of Victoria — breach of contract; specific performance — counsel for Vitrafy led by David Batt KC (briefed by MinterEllison).
FX Group Holdings Pty Ltd v Perpetual Trustee Company Ltd — Supreme Court of New South Wales — unilateral mistake; breach of fiduciary duties; misleading or deceptive conduct; breach of contract — counsel for FX Group Holdings led by Peter Brereton SC and Catherine Hamilton-Jewell (briefed by MinterEllison).
BAL Container Line Ltd v JPC Pty Ltd — Federal Court — agency; breach of fiduciary duties; breach of contract — counsel for JPC led by Nick Hopkins KC (briefed by MinterEllison).
Orica Investments Pty Ltd v Aurelius Marvel One Ltd [2023] VSC 18 — Supreme Court of Victoria — stay application on the basis of an expert-determination clause — counsel for Aurelius led by Hamish Austin KC (briefed by Baker McKenzie).
Cromwell Corporation Ltd v ARA Real Estate Investors XXI Pte Ltd [2020] FCA 1492 — Federal Court — preliminary discovery application; s 606 of the Corporations Act — counsel for Cromwell led by David Batt KC and Kathleen Foley SC (briefed by MinterEllison).
Extended Biography
Re United Almonds Ltd — Supreme Court of Victoria — application by a trustee for judicial advice — counsel for United Almonds led by Robert Craig KC (briefed by Gadens).
In the matter of i-Prosperity Pty Ltd (in liq) — Federal Court — liquidators' examinations led by Stewart Maiden KC (briefed by Allens).
Bujega v PostSuper — County Court — breach of trust — counsel for PostSuper (unled) (briefed by Allens).
Class actions
Horsky v Mesoblast Ltd — Federal Court — securities class action — counsel for Mesoblast led by Robert Craig KC and Kane Loxley.
Lieberman v Crown Resorts Ltd — Supreme Court of Victoria — securities class action — counsel for Crown Resorts led by Wendy Harris KC and Kane Loxley (briefed by HSF).
Lay v Nuix Ltd — Supreme Court of Victoria — counsel for Macquarie led by Robert Craig KC and Jennifer Findlay (briefed by HSF).
Zantran v Crown Resorts Ltd — Federal Court — counsel for Crown Resorts led by Neil Young KC, Nick Hopkins KC, Robert Craig KC, Kane Loxley, and Fleur Shand (briefed by MinterEllison).
- Zantran Pty Ltd v Crown Resorts Ltd (No 2) [2020] FCA 1024 — interlocutory dispute concerning legal professional privilege.
- Zantran Pty Ltd v Crown Resorts Ltd (No 3) [2021] FCA 659 — interlocutory dispute concerning the interaction between statutory confidentiality provisions and discovery obligations.
- Zantran Pty Ltd v Crown Resorts (No 4) [2022] FCA 500 — settlement approval.
5 Boroughs Pty Ltd v State of Victoria — Supreme Court of Victoria — common law negligence class action — counsel for the plaintiff led by Wendy Harris KC and Adam Hochroth (briefed by Quinn Emanuel).
- 5 Boroughs NY Pty Ltd v State of Victoria [2021] VSC 78 — summary judgment and strike-out applications
- 5 Boroughs NY Pty Ltd v State of Victoria (No 2) [2022] VSC 494 — strike-out application.
- 5 Boroughs NY Pty Ltd v State of Victoria (No 3) [2023] VSC 22 — stay application.
- 5 Boroughs NY Pty Ltd v State of Victoria (No 5) [2023] VSC 682 — GCO application.
Norris v Insurance Australia Group Ltd — Supreme Court of Victoria — securities class action — counsel for the plaintiff led by Adam Hochroth and Kate Lindeman (briefed by Quinn Emanuel).
Kilah v Medibank Private Ltd — Supreme Court of Victoria — securities class action — counsel for the plaintiff led by Adam Hochroth and Rebecca Howe (briefed by Quinn Emanuel).
Regulatory proceedings
ACCC v Qantas Airways Ltd — Federal Court — counsel for Qantas led by Dr Ruth Higgins SC, Robert Yezerski SC, Kane Loxley, and Andrew Barraclough (briefed by Johnson Winter Slattery).
AUSTRAC v Crown Melbourne Ltd — Federal Court — counsel for Crown Melbourne and Crown Perth led by Philip Crutchfield KC and Kane Loxley (briefed by Allens).
ACCC v Australasian Food Group Pty Ltd [2022] FCA 308 — Federal Court — exclusive dealing — counsel for Australasian Food Group led by Dr Ruth Higgins SC and Andrew Barraclough (briefed by Allens).
ASIC v Helou (No 2) [2020] FCA 1650 — Federal Court — accessorial liability in respect of continuous disclosure contraventions — counsel for former CFO of Murray Goulburn led by Robert Craig KC (briefed by MinterEllison).
- ASIC v Helou [2019] FCA 1634 — Federal Court — application for permanent stay of proceeding as an abuse of process
Various investigations and disciplinary proceedings by State regulators, including the Victorian Gambling and Casino Control Commission and Liquor and Gaming NSW.
Appellate
State of Victoria v 5 Boroughs NY Pty Ltd [2023] VSCA 101 — Victorian Court of Appeal — whether primary judge erred in refusing stay application — led by Michael Borsky KC (briefed by Quinn Emanuel).
El Zain v Vitrafy Life Sciences Ltd [2022] VSCA 195 — Victorian Court of Appeal — contractual dispute — led by Chris Caleo KC (briefed by MinterEllison).
Crown Resorts Ltd v Zantran Pty Ltd [2020] FCAFC 1 — Full Federal Court — power of the Court to interfere with contractual confidentiality obligations — led by Neil Young KC and Fleur Shand (briefed by MinterEllison).
Royal Commissions and other public inquiries
Royal Commission into the Casino Operator and Licence — counsel for Crown Resorts and Crown Melbourne led by Michael Borksy KC and Dr Catherine Button KC (now Justice Button) (briefed by Allens).
Bergin Inquiry (NSW) — counsel for Crown Resorts and Crown Sydney led by Neil Young KC (briefed by MinterEllison).
Admitted
09 Dec 2014
Bar
02 May 2019
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 Expertise
- Appellate