Oliver Cain

Background

Oliver holds degrees in Arts (Philosophy) and Law, and holds a Graduate Diploma of Legal Practice from the Australian National University.

Prior to coming to the Bar, Oliver worked at Victoria Legal Aid in the Family Law Division. He also served as Senior Associate to Chief Judge Michael Rozenes AO KC of the County Court, and Senior Associate to Judge Lisa Hannan, now Justice of the Supreme Court and Chief Magistrate of Victoria, when her Honour was then Divisional Head of Crime at the County Court.

Practice

Oliver’s practice as a barrister focuses upon family law and criminal law, with particular focus on trials/contested matters and dispute resolution. Oliver is admitted to practice in all Federal and State courts, and regularly appears interstate in both family law and criminal law proceedings.

Oliver appears in all jurisdictions in which family law, criminal law, and protective jurisdiction matters are litigated, both on his own and to assist senior counsel. He most commonly appears in the following courts and tribunals:

Federal

• The Federal Circuit and Family Court of Australia (Division 2; Division 1; and appellate)

State

• The Supreme Court of Victoria (including the Court of Appeal)
• The County Court (including its appellate jurisdiction)
• The Magistrates’ Court of Victoria
• The Victorian Civil and Administrative Tribunal

Other

• Royal Commissions
• Commissions of Inquiry

Oliver has particular expertise in oral and written advocacy in both family law and criminal law proceedings, and can provide broad assistance in navigating the relationship between federal and state laws as they intersect within family, criminal, civil, and commercial law contexts. Correspondingly, Oliver has extensive experience in all matters involving the interpretation and application of the following (non-exhaustive) legislation:

• Family Law Act 1975 (Cth)
• Criminal Code Act 1995 (Cth)
• Crimes Act 1958 (Vic)
• Drugs, Poisons and Controlled Substances Act 1981 (Vic)
• Control of Weapons Act 1990 (Vic)
• Road Safety Act 1986 (Vic)
• Family Violence Protection Act 2008 (Vic) and Personal Safety Intervention Orders Act 2010 (Vic)

Oliver has acted extensively for private individuals and corporations at primary, intermediate, trial, and appellate levels.

Mediation

Oliver is a Nationally Accredited Mediator qualified in accordance with NMAS and AMDRAS Approval Standards, and is available to accept briefs to act as Mediator.

Availability

Please contact Foley's List on 03 9225 7777 to ascertain Oliver's availability.