Foley's List Barrister
Barrister Information
Profile
Huw accepts briefs in all areas of law. The focus of his practice is on commercial and public law. He was previously a solicitor at MinterEllison and an associate to Justice Moshinsky of the Federal Court.
Huw's experience at the Bar includes the following:
Commercial disputes
- Li Xu v Salter Brothers Asset Management Pty Ltd — Federal Court of Australia — 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 of Australia — 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; 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 of Australia — preliminary discovery application; s 606 of the Corporations Act — counsel for Cromwell led by David Batt KC and Kathleen Foley SC (briefed by MinterEllison).
- Re United Almonds Ltd — Supreme Court of Victoria — application by a trustee for judicial advice — counsel for United Almonds Ltd led by Robert Craig KC (briefed by Gadens).
- In the matter of i-Prosperity Pty Ltd (in liq) — 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
- Shimshon v MLC Nominees Pty Ltd — Supreme Court of Victoria — securities class action — counsel for MLC Nominees Pty Ltd and NULIS Nominees (Australia) Ltd led by Kathleen Foley SC and Jerome Entwisle (briefed by Allens).
- Horsky v Mesoblast Ltd — Federal Court of Australia — securities class action — counsel for Mesoblast led by Robert Craig KC and Kane Loxley (briefed by MinterEllison).
- 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 Allens).
- Lay v Nuix Ltd — Supreme Court of Victoria — securities class action — counsel for Macquarie led by Robert Craig KC and Jennifer Findlay (briefed by Herbert Smith Freehills).
- Zantran Pty Ltd v Crown Resorts Ltd — Federal Court of Australia — securities class action — 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.
- Allen v G8 Education Ltd — Supreme Court of Victoria — securities class action — counsel for G8 Education led by Robert Craig KC and Jennifer Findlay (briefed by MinterEllison).
- Allen v G8 Education Ltd [2021] VSC 173 — interlocutory dispute concerning redaction of a costs agreement.
- Allen v G8 Education Ltd (No 2) [2022] VSC 302 — costs of an application for a group costs order.
- 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 (briefed by Quinn Emanuel).
Regulatory proceedings
- ACCC v Qantas Airways Ltd — Federal Court of Australia — counsel for Qantas led by Ruth Higgins SC, Robert Yezerski SC, Kane Loxley and Andrew Barraclough (briefed by Johnson Winter Slattery).
- AUSTRAC v Crown Melbourne Ltd — Federal Court of Australia — counsel for Crown Melbourne and Crown Perth led by Philip Crutchfield KC, Wendy Harris KC, and Kane Loxley (briefed by Allens).
- ACCC v Australasian Food Group Pty Ltd [2022] FCA 308 — Federal Court of Australia — 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 of Australia — 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 of Australia — 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— appeal to the Full Federal Court in relation to the 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.