Luisa Alampi

Luisa returned to the Bar in 2019 after two and a half years at Consumer Affairs Victoria (CAV) where she occupied the roles of General Manager, Legal Services Branch and Senior Advocate.  She specialises in the areas of general commercial law, contract and regulatory law, including consumer protection and disciplinary matters.

During her time at CAV, Luisa advised and represented the Director in a breadth of consumer protection matters under the Australian Consumer Law and Australian Consumer Law (Vic) including product safety, misleading or deceptive conduct, false or misleading representations, unconscionable conduct, and unfair contract terms.  She was the lead lawyer in the estate agent “underquoting” matters, together with key prosecutions, applications and disciplinary inquiries under the Australian Consumer Law, Australian Consumer Law (Vic), Estate Agents Act, Retirement Villages Act, Motor Car Traders Act, Fundraising Act, Sex Work Act, Domestic Building Contracts Act, Conveyancers Act and Residential Tenancies Act: see case selection below.

She was also appointed as the Director’s Delegate/Appointee, and Counsel assisting the Director, in numerous coercive examinations held under the Australian Consumer Law and Fair Trading Act 2012.

Prior to her experience at CAV, Luisa was at the Bar for over seven years. During that time, she built a broad commercial practice which included building and construction, negligence, torts, contracts, insurance, property, environmental and planning law: areas in which she still practices. 

Luisa is a member of the Law Council of Australia's Competition and Consumer Law Committee and the Victorian Bar's Commercial Bar Association. Recently, she was a panel member of the Law Council of Australia’s conference session “Reforms on every corner: Unfair trading practices - what are the gaps and what will fill them?”. Luisa also appeared with Dr M Sharpe on BenchTV presenting on “Unconscionable conduct through the lawyers’ lens”.   

SELECTION OF CASES as Counsel:

• White Ray (Oakleigh) Pty Ltd & Anor ats Director of Consumer Affairs Victoria – misleading or deceptive conduct in connection with the sale of real estate (for the corporate agent): Federal Court. Led by J Slattery KC (ongoing);
• EPA v SBI Landfill Pty Ltd – general environmental duties (for the EPA): Supreme Court (settled). Led by Dr M Sharpe;
• Director of Consumer Affairs Victoria v Waterdale Property Agent Pty Ltd – proven breaches of the Residential Tenancies Act 1997 and Estate Agents (Professional Conduct) Regulations 2018 (for the Director): Magistrates' Court (ex tempore);
• Jones v Scott & Anor – contract dispute, detinue and conversion: Magistrates’ Court (ongoing);
• Smith ats CPA – disciplinary matter (private body);
• Sykes ats CPA – disciplinary matter (private body);
• Secretary, Department of Justice and Regulation ats Borg – merits review, claim under the Property Law Fund (for the Secretary): VCAT. Settled/remitted;
• Turner & Anor ats Gray [2022] VCC 1203 - successful pro bono costs application: County Court;
• Director of Consumer Affairs Victoria & Anor ats Advisory Services Pty Ltd (trading as Ray White St. Albans) – liability of a statutory official/body (for the Director): County Court (settled). Led by D Klempfner;
• Range Works Pty Ltd v Department of Justice and Community Safety – judicial review of a Prohibition Notice issued by the Department Secretary under the Public Health and Wellbeing Act 2008 (for the trader): Magistrates' Court (ex tempore);
• BCA Asset Management Group Pty Ltd v Benalla Rural CC & Anor – cancellation of planning permit on the grounds of futility (for the permit holder): [2021] VCAT 1150;
• Bosevski v Create (Vic) Real Estate Pty Ltd – misleading or deceptive conduct case against an estate agent: VCAT (settled);
• Sun and Yin v Loader – contract, consumer guarantee and misleading or deceptive conduct case against an interior designer: County Court (settled);
• Wade v J Daniels and Associates Pty Ltd [2020] FCA 1708 – misleading or deceptive conduct ACL and ASIC Acts - led by C Truong KC: Federal Court;
• DPP (DCAV) v Noori - for the Respondent – de novo appeal under the Motor Car Traders Act 1986: County Court (ex tempore);
• Mavuri & Anor v Shah & Anor – contract and misleading or deceptive conduct claim against property vendor and estate agent (for the vendor): VCAT (settled);
• Wheelahan & Ors v City of Casey & Ors – commercial, environmental, false or misleading representations and misleading or deceptive conduct led by J Gleeson QC and D Klempfner: Supreme Court (settled);
• Solid Investments Pty Ltd v Vibro-pile (Aust) & Ors – building and construction, false or misleading representations and misleading or deceptive conduct led by the Hon. Tony Graham: VCAT and Supreme Court (settled);
• Geotech Pty Ltd v Riva Hawthorn Pty Ltd – an arbitration under the Commercial Arbitration Act 2011, led by M Whitten (now QC). Building and construction, misleading or deceptive conduct;
• Cripps v Director of Liquor Licensing – merits review, planning, liquor licencing: VCAT (ex tempore);
• XYC v Secretary, Department of Justice – merits review, Working with Children application: VCAT (ex tempore);
• 2G Developments v Hue Boutique Living Pty Ltd & Ors – merits review, planning: [2009] VCAT 2182;
• Bendat v Commissioner for Gambling Regulation and Ballarat RSL Sub-Branch Inc – merits review, planning/gaming (VCAT);
• Valos v Valos Black & Associates – solicitor negligence: County Court;
• Latchen Pty Ltd v Mae Pacific Pty Ltd – building and construction: VCAT;
• Brown v Cardona [2009] VCAT 910 – building and construction dispute: VCAT;
• Numerous covenant removal cases: Supreme Court.

SELECTION OF CASES as General Manager and Senior Advocate, Legal Services Branch, Consumer Affairs Victoria:

• Director of Consumer Affairs Victoria v Wens Bros Trading Pty Ltd & Anor [2019] FCA 39 - product safety breaches under the (ACL) and (ACL(Vic));
• Criminal prosecutions (various Magistrates’ Courts):
  • Ezy Lite Pty Ltd and Adnan Dennaoui – (ACL(Vic)) false or misleading representations;
  • Aldergate Nominees Pty Ltd & Anor – Estate Agents Act 1980 trust account defalcation;
  • Stephen Snowden – Retirement Villages Act 1986;
  • Andrew Renn – Domestic Building Contracts Act 1986 and ACL(Vic));
• Instructing in estate agent “underquoting matters”: Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd ­(No.2) [2016] FCA 1435 and [2016] FCA 1184; Director of Consumer Affairs Victoria v Fletcher and Parker (Balwyn) Pty Ltd [2017] FCA 1521; Director of Consumer Affairs Victoria v Manningham Property Group Pty Ltd & Ors [2017] FCA 1448 and Director of Consumer Affairs Victoria v Hoskins (Maroondah) Pty Ltd & Anor [2019] FCA 1973.