Oliver Cain

About

I am a barrister practising principally in family law, and in criminal law. My work centres on contested hearings, trials, appeals, and dispute resolution.

I hold degrees in Arts (Philosophy) and Law, and a Graduate Diploma of Legal Practice.

Before coming to the Bar, I was employed by Victoria Legal Aid in its Family Law Division. I served as Senior Associate to Judge Lisa Hannan (now Justice of the Supreme Court and Chief Magistrate of Victoria) when her Honour was Divisional Head of Crime at the County Court, and as Senior Associate to Chief Judge Michael Rozenes AO KC of the County Court.

Practice

Family law is at the centre of my practice. I act in parenting and property disputes, together with family-violence and personal safety matters that can arise from them. My criminal practice complements this work, allowing clients to brief a single advocate where family law and protective proceedings give rise to criminal exposure.

I appear on my own and to assist senior counsel. Admitted in all federal and state courts, I appear interstate and most commonly before:

Federal — The Federal Circuit and Family Court of Australia (Divisions 1 and 2, and on appeal)

State — The Supreme Court of Victoria (including the Court of Appeal); the County Court (including its appellate jurisdiction); the Magistrates' Court of Victoria; and VCAT

Other — Royal Commissions and Commissions of Inquiry

I have extensive experience interpreting and applying, among other legislation:

• Family Law Act 1975 (Cth)
• Family Violence Protection Act 2008 (Vic)
• Personal Safety Intervention Orders Act 2010 (Vic)
• 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)

I act for individuals and corporations, at first instance and on appeal.

Mediation

I am a Nationally Accredited Mediator (NMAS and AMDRAS Approval Standards) and accept briefs to act as Mediator.

Please contact Foley's List to confirm my availability.