Olivia Callahan

Olivia is an experienced advocate, appearing regularly in contested commercial matters across all Victorian courts and tribunals. Olivia’s practice includes public law, water law, property disputes, equity and trusts, environmental law and commercial law matters.

Olivia has specific expertise in irrigation, public and private rights to water, catchment management, flood mitigation and duties of public authorities in context of the Water Act 1989 (Vic), the Water Act 2007 (Cth) and the Murray Darling Basin Plan. 

Prior to admission in Australia, Olivia was a Registered Foreign Lawyer in Vietnam advising on commercial matters including shareholder agreements, foreign investment joint ventures, wind farms, property development, commercial leases and import/export across the legal jurisdictions of Vietnam, Hong Kong, the UK and Singapore.

From 2017, Olivia was a criminal defence advocate appearing regularly in the Magistrates’ and County Courts before being called to the Bar in 2021.

Recent cases

Matters arising under the Water Act 1989 (Vic) and the Environment Protection Act 2017 (Vic) – commercial dams - works licensing – surface and groundwater licences – pollution of water – industrial chemical spills into waterways – diesel spill contamination of certified organic farm operation.

Prime Capital Securities v Antoci, 2026, VCAT and County Court, (led by Lindy Barrett, instructed by SLF Lawyers). Ongoing property dispute – PFAS environmental contamination of land and water – jurisdictional hearing under s 77 of the VCAT Act opposing strike out on behalf of plaintiff, judgement pending.

Dunwoodie v Seventyseventh Claybank Pty Ltd T/As Westpoint Motor Company 2026, VCAT consumer division, (unled, instructed by Warren Graham & Murphy). Successful application on behalf of plaintiff for proceeding to be struck out under s 77 of the VCAT Act. ACL – misleading and deceptive conduct – unconscionable conduct – motor dealer – single justiciable controversy falling into federal jurisdiction under Ch III of the Constitution as a matter arising under a Commonwealth Law. 

Behnam v Howell & Ors VCAT, 2026, ongoing, (unled, instructed by Justice Crew Legal Services, later instructed by Seniors Rights Victoria) co-owned property dispute – s 233 Property Law Act 1958 (Vic) orders as to compensation and accounting – constructive trust – resulting trust – unconscionable conduct of fiduciary - Barnes v Addy liability of agents and mortgagee as constructive trustees.

Korumburra Senior Citizens’ Centre Incorporated v South Gippsland Shire Council, 2025, Supreme Court of Victoria, (initially unled, later led by Tim North KC, instructed by Bevan Rhys-James Solicitor). Property dispute – interpretation of trust deed – caveats – incorporated association – charitable trusts.

English v County Court of Victoria and Goulburn Murray Rural Water Corporation, 2025, Supreme Court Judicial Review, judgement pending (led by Emrys Nekvapil SC, instructed by Beck Legal). Jurisdictional error – statutory interpretation of the Water Act 1989 (Vic) and subordinate legislative instruments – question of fact vs question of law – declaration of water systems in Victoria – licence to take and use water – water shares.

Drew & Drew v Multifunds Capital Pty Ltd & Ors 2025 Supreme Court, (unled, instructed by Andropoulos & Associates). Equity – unconscionable conduct – asset‑based lending – unconscientious exploitation of borrower’s special disadvantage – lending system designed to avoid provisions of the National Consumer Credit Protection Act 2009 and the National Credit Code. Successful interlocutory application on behalf of plaintiffs for orders paying proceeds of property sale into court. Settled prior to trial.

Tratnik v Baer & Ors [2024] Supreme Court trial, (unled, instructed by Frank Giummarra Solicitor); property dispute – equity & trusts. Settled on second day of trial.

Stephen English v Goulburn Murray Rural Water Corporation [2021 – 2024] County Court appeal (led by Claire Harris SC, later led by David Hallowes SC, also appeared unled) declared water systems – water rights pursuant to the Water Act 1989 – water shares and water use licences – section 51 take and use licences.

Beklenoglu v Sunrise Cleaning Services Pty Ltd [2023] VSC 650 (led by Campbell Hangay, instructed by Zaparas Lawyers) Appeal from a decision of the Magistrates' Court to the Supreme Court on a question of law against finding of no compensable injury - denial of procedural fairness - rejection of evidence that was not contradicted - adequacy of reasons.

Morris v Victorian Farmers Federation [2022] VSC 407 (led by Peter King, instructed by HWL Ebsworth Lawyers) – Associations and Clubs - expulsion, suspension, and disqualification –denial of natural justice.

Barr Corporation Pty Ltd v Justin Roff and Ors [2021] (led by Tim North KC and David R J O’Brien, instructed by McDonald Slater & Lay) Common Law Major Torts List - trespass to land - environmental waste - EPA - breach of commercial lease - negligence.

Caridi v State of Victoria [2023] VCC 1708 (led by Tim Tobin SC, also appeared unled in an interlocutory application, instructed by Arnold Dallas McPherson) Police tort – serious injury – application for strike out and summary judgement – leave to amend proposed statement of claim.

Robert Dunn v Soltesz & Ors [2022], Unreported (unled, instructed by Barwon South West Lawyers) application to appeal conviction and sentence out of time  - denial of procedural fairness in context of First Nations applicant with intellectual disability.

Olivia read with David R J O’Brien. Olivia’s Senior Mentor is Tim J North KC. Olivia is admitted to practice in the High Court of Australia, the Federal Court of Australia and the Supreme Court of Victoria.