Marcus Hoyne

Marcus Hoyne has more than 30 years’ experience in commercial litigation at both trial and appellate level, with more than 20 years’ experience as a barrister. He has been consistently ranked as one of Victoria’s leading junior counsel in Technology, Media and Telecommunications matters by Doyle’s Guide. Marcus has appeared in courts and tribunals across Australia including in the High Court of Australia.

Before coming to the Bar, Marcus worked in the intellectual property departments of major law firms in Australia (Corrs Chambers Westgarth) and the United Kingdom (Linklaters, London).

Marcus’ areas of practice include the following.

Defamation and media law

Marcus is a highly experienced defamation and media law barrister who has acted for all of the major commercial television networks as well as The Age, News Ltd and a range of radio stations. He also acts for a number of individual and corporate clients, both plaintiffs and defendants.

Technology and telecommunications

Marcus is one of Australia’s most experienced telecommunications and IT junior barristers, having acted in a number of matters that have gone to the High Court. He has acted for a variety of wholesale and retail telecommunications clients (including TPG, iiNet and Primus) and for and against software developers and hardware manufacturers.

General commercial litigation

Marcus has extensive experience in other areas of commercial litigation. Some of the areas he has worked in include:

• Shareholder, partnership and trading trust disputes, including disputes involving oppression.
• Competition and consumer law, including misleading and deceptive conduct. Marcus has extensive experience in matters under the Competition and Consumer Act 2010, including in relation to restrictive trade practices and cartel conduct.
• Intellectual property law. Marcus practises in trade marks, copyright and registered design matters, building on his earlier career as an intellectual property solicitor.
• Administrative law and migration law. Marcus regularly acts in judicial review matters.
• Building law. Marcus has acted in many building cases, including commercial and domestic building matters.
• Pharmacy law. Marcus has acted in a number of matters under the Pharmacy Location Rules, both before the Administrative Review Tribunal (formerly the AAT) and on judicial review.

Trusts and probate

Marcus has an extensive practice in contested probate and estate-related litigation, including family provision claims, disputes concerning the administration and control of trusts (such as applications to remove trustees), and equitable claims such as proprietary estoppel.

Sports Law

Marcus has appeared in a range of sporting tribunals including the AFL Tribunal, the National Sports Tribunal and the Racing Appeals Tribunal.  

Mediations

Marcus is an experienced mediator and accepts mediation appointments across his areas of practice. He is a strong advocate for mediated resolution where it serves the client’s interests, and brings to mediations three decades of experience of how disputes run — and what they cost — if they do not settle.

Selected cases

Cases in which Marcus has appeared include the following :

Media and defamation

• Marshall v Nationwide News [2026] VSC 427 (application concerning a journalist’s sources)
• IBAC v Nationwide News Pty Ltd [2025] VSC 632 (suppression/injunction concerning a draft IBAC special report)
• Re Patterson [2025] VSC 478 (‘Mushroom murders’ trial — release to the media of the accused’s recorded police interview)
• Mond v The Age Company Pty Limited [2025] FCA 442 (defamation trial)
• Police Member 1 (a pseudonym) v Mokbel [2025] VSCA 34; Police Member 1 (a pseudonym) v Mokbel [2025] VSCA 78 (suppression orders)
• Mokbel v DPP [2024] VSC 784; Mokbel v DPP [2024] VSC 795 (suppression order and costs)
• Ouda v Hunter [2023] VSC 264; Ouda v Hunter (No 2) (2023) 74 VR 371; on appeal: Ouda v Hunter [2024] VSCA 323 (defamation; split trial; appeal from jury verdict)
• Landrey v Nine Network Australia Pty Ltd [2023] FCA 27; on appeal: Landrey v Nine Network Australia Pty Ltd (2024) 425 ALR 26; [2024] FCAFC 76 (defamation limitation period)
• Isaac v TCN Channel Nine Pty Ltd [2023] VSC 70
• Cossari v Wells [2020] VSCA 133 (defamation — application to remove jury in the context of COVID-19)
• Wells v Cossari [2020] VCC 988
• Chairperson of the Royal Commission (into the Management of Police Informants) v Chief Commissioner of Victoria Police [2019] VSCA 154
• AB (a pseudonym) v CD (a pseudonym) [2019] VSCA 28; AB (a pseudonym) v CD (a pseudonym) [2019] VSCA 95 (suppression orders relating to the identity of Nicola Gobbo as ‘Lawyer X’)
• Pham v Legal Services Commissioner [2016] VSC 450; on appeal: Pham v Legal Services Commissioner [2017] VSCA 87 (defamation — strike out application)
• Lyons v Fowler [2014] VSC 627 (defamation)
• Wilson v Mitchell [2014] VSC 280 (access to court file)
• Dolphin v Sanders [2010] VCC 1301
• R v Benbrika [2008] VSC 452 (access to court files by the media)
• Howe v Harvey; DPP (on behalf of Harvey) v Quist [2007] VSC 130; on appeal: Howe v Harvey (2008) 20 VR 638 (identification of a child as being subject to family law proceedings)
• Brown v Channel Seven (2006) (injunction to prevent planned publication)

Trusts and probate

• Land v Prideland Equity Pty Ltd (No 2) [2026] VSC 253 (removal of trustee)
• Chen v Walters (County Court of Victoria, 1 April 2026) (proprietary estoppel and co-ownership claims over a family property)
• Land v Prideland Equity Pty Ltd [2024] VSC 557 (beneficiary’s access to trust documents)
• Trani v Trani [2018] VSC 274; Trani v Trani (No 2) (2018)
• Re Montalto [2016] VSC 266; on appeal: Montalto v Sala [2016] VSCA 240 (probate)
• Sutherland (as trustees of the Alitalia Group Trust) v Di Paolo [2015] VSC 552

Judicial review and administrative law

• Toll Holdings Ltd v Victorian WorkCover Authority [2023] VSC 567
• Hala Phcy Pty Ltd v Australian Community Pharmacy Authority [2022] AATA 2155
• Secretary to the Department of Health v Victorian WorkCover Authority (No 2) [2021] VSC 776
• Municipal Association of Victoria v Victorian WorkCover Authority [2021] VSC 128
• ZAA Ventures Pty Ltd v Australian Community Pharmacy Authority [2020] FCA 1227
• Walkerden v Wodonga Pharmacy Pty Ltd [2015] FCA 273
• Re Wodonga Pharmacy Pty Ltd and Australian Community Pharmacy Authority (2014) 145 ALD 416
• Yu v Minister for Health (2013) 133 ALD 522; Yu v Minister for Health (No 2) (2013) 216 FCR 188; [2013] FCA 367
• Yu v Australian Community Pharmacy Authority [2013] FCA 713
• Kastrinakis v Australian Community Pharmacy Authority (2013) 138 ALD 536

Telecommunications and technology

• The Summit Group (Australia) Pty Ltd v Owners Corporation 1 Plan No PS746020J [2020] FCA 1847
• Pacific Wireless Pty Ltd v Breeze Logistics Australia Pty Ltd [2019] VSC 64; Pacific Wireless Pty Ltd v Breeze Logistics Australia Pty Ltd [2019] VSC 130
• ACCC v Australian Private Networks Pty Ltd (trading as Activ8me) [2019] FCA 384
• Inform Numbers Australia Pty Ltd v Angelovski [2015] VSC 591
• ACMA v TPG Internet Pty Ltd [2014] FCA 382
• Telstra Corporation Ltd v Vocus Fibre Pty Ltd [2014] FCA 198
• ACCC v TPG Internet Pty Ltd (2013) 250 CLR 640 (High Court of Australia); TPG Internet Pty Ltd v ACCC [2012] FCAFC 190; TPG Internet Pty Ltd v ACCC (No 2) [2013] FCAFC 37; ACCC v TPG Internet Pty Ltd [2010] FCA 1478; ACCC v TPG Internet Pty Ltd [2011] FCA 1254 (the TPG advertising litigation)
• Telstra Corporation Ltd v Australian Competition Tribunal (2009) 108 ALD 232; Telstra Corporation Ltd v Australian Competition Tribunal (No 2) [2009] FCAFC 34
• Telstra Corporation Ltd v ACCC (2009) 110 ALD 64; Telstra Corporation Ltd v ACCC (No 2) (2008) 251 ALR 372
• Re Chime Communications Pty Ltd [2009] ACompT 4; Re AAPT Ltd [2009] ACompT 5
• Telstra Corporation Ltd v Commonwealth (2008) 234 CLR 210 (High Court of Australia) (constitutional challenge concerning the telecommunications access regime)

Commercial

• Rafiei Commercial Pty Ltd v Dokt [2025] FCA 764 (interlocutory injunction — misleading and deceptive conduct)
• Hutchinson v Nottas [2025] VSC 325 (injunction relating to a dispute between partners)
• Makland Constructions Pty Ltd v Page Steel Fabrications Pty Ltd [2024] VSCA 142; Makland Constructions Pty Ltd v Page Steel Fabrications Pty Ltd [2023] VCC 706 (building and construction)
• LCA Traralgon Pty Ltd v Johnson Pty Ltd [2024] VSC 612 (restraint of trade)
• Nelson v Goble [2024] VSC 388 (security for costs)
• Sun Capital Pty Ltd v National Australia Bank Ltd [2024] FCA 47 (suppression order)
• Directed Electronics OE Pty Ltd v Isuzu Australia Ltd [2022] FCA 254
• Krajcar v Eastern Central Real Estate Pty Ltd [2022] VSC 173 (appeal from VCAT relating to a lease)
• Graf v Flammea [2021] VSC 149 (contract)
• Stuart v Mordialloc Sporting Club Inc [2019] VSC 555; Stuart v Mordialloc Sporting Club Inc [2021] VSC 244
• Lifestyle Developments Victoria Pty Ltd v GFL Developments Pty Ltd [2020] VSC 269 (injunction involving former employees)
• Colakoglu v Ozcelik [2020] VSC 139 (property — caveat removal)
• Wong v Smyth [2020] VCC 75 (loan agreement dispute)
• Wilson v Richards [2018] VCC 1755 (judgment debt recovery)
• Lady Dee-Lish Pty Ltd v Penman (Ruling) [2018] VCC 1211 (contract — whether proceeding settled by acceptance of offer)
• Sam Law Pty Ltd v ADZ Homes Pty Ltd [2016] VSC 41
• Melbourne Stadiums Ltd v Sautner (2015) 317 ALR 665; [2015] FCAFC 20
• Sheehan v Young [2015] VSC 651
• Melbourne Orthopaedic Group Pty Ltd v Stamford Aus-Trade & Press Pty Ltd [2015] VSCA 150; Stamford Aus-Trade & Press Pty Ltd v Aloysius David Pty Ltd [2014] VSC 436
• BOSI Security Services Ltd v BB Olives Pty Ltd (in liq) [2012] VSC 590
• Australian Style Pty Ltd v .au Domain Administration Ltd [2010] VSCA 184
• Elders Ltd v Flinn [2009] VSC 234; Elders Rural Bank Ltd v Mapplelane Enterprises Pty Ltd [2009] VSC 46
• Crimson SRL v Claudia Shoes Pty Ltd (No 8) [2008] FMCA 363 (misleading and deceptive conduct)
• Perpetual Nominees Ltd v Chaucers Canterbury Pty Ltd [2005] VSC 135 (security for costs)

Competition and consumer law

• ACCC v Mazda Australia Pty Ltd [2023] FCAFC 45; ACCC v Mazda Australia Pty Ltd (2021) 158 ACSR 31; ACCC v Mazda Australia Pty Ltd (No 2) [2022] FCA 250
• ACCC v LG Electronics Australia Pty Ltd (2019) 139 ACSR 339; ACCC v LG Electronics Australia Pty Ltd [2018] FCAFC 96; ACCC v LG Electronics Australia Pty Ltd (No 2) [2018] FCAFC 128
• Emirates v ACCC (2009) 255 ALR 35; Emirates v ACCC (No 2) [2009] FCA 492
• Singapore Airlines Ltd v ACCC (2009) 260 ALR 244

Papers and presentations

• ‘Defamation Supernova’ — Reputation and Privacy in 2026, Legalwise seminar, March 2026
• ‘Privacy Just Got Serious: Business Liability Under the New Tort’ (with Liz Main), Foley’s List Commercial Law CPD Conference, Melbourne, March 2026
• ‘Bad Reputation’ — reputation and damages in defamation proceedings, CPD paper and seminar, March 2025
• ‘The New Tort of Serious Invasion of Privacy’ (with Liz Main), Think Foley’s CPD podcast, October 2024
• ‘Honest Opinion’ — the honest opinion/fair comment defence in defamation, seminars including for Legalwise and various law firms, 2024
• ‘The Lehrmann Decision’ — presentation on Lehrmann v Network Ten Pty Ltd, June 2024 (updated 2026)
• ‘Drafting Affidavits and Witness Statements’, CPD seminar, April 2024
• ‘Defamation Primer’, Foley’s List Commercial Law CPD Conference, Melbourne, March 2024
• ‘Online Defamation’, Leo Cussen Centre for Law — seminar delivered regularly between 2016 and 2024
• ‘Back to Basics: Rules on Admissible Evidence — What’s In and What’s Out?’, Television Education Network CPD webinar, May 2022
• ‘Expert Evidence’ and ‘Dealing with Experts’, Leo Cussen Centre for Law and other CPD seminars, 2016 and 2022
• ‘Motor Vehicles and the Australian Consumer Law’, CPD paper, 2021
• ‘Recent Changes to Defamation Laws’ (with Priya Wakhlu), Think Foley’s CPD podcast, March 2021, and accompanying CPD paper on the Defamation Act amendments, November 2020
• ‘Frustration of Leases and Contracts under COVID-19 Restrictions’, Foley’s List CPD presentation, March 2020
• ‘Drafting in Litigation’ — pleading and drafting workshops delivered annually between 2011 and 2023 for Legalwise Seminars and the Leo Cussen Centre for Law, and in-house at firms and organisations including Lander & Rogers, William Roberts and the Consumer Action Law Centre
• ‘Misleading and Deceptive Conduct’, Leo Cussen Centre for Law seminars, 2016–2018, and ‘Unconscionable Conduct and Misleading and Deceptive Conduct’, CPD paper, 2014
• ‘Defamation and Social Media’, Leo Cussen Centre for Law, 2016
• ‘Rules of Evidence: What You Need to Know’, Leo Cussen Centre for Law, 2012 and 2016.