Priya Wakhlu

Priya has a broad commercial and common law practice with particular experience in defamation law, insurance disputes and complex contractual and consumer disputes, including in the context of class actions.  Supported by more than a decade of experience practising in these areas, Priya is regularly briefed (both led and unled) in appearance, trial, mediation and advice work and has particular experience in unled trial work. Priya has experience advising clients at a range of levels and stages of litigation, including pre-litigation, interlocutory, trial and appeal stages.

Before coming to the bar, Priya’s experience included large-scale commercial litigation and complex contractual and consumer claims as well as defamation litigation conducted across all Victorian courts and tribunals and the Federal Court of Australia.

Significant cases & experiences include:

Commercial Law and Common Law

• Richard James Kennedy As Trustee For The Birki Superannuation Fund & Ors V Portfolio Planners Private Pty Ltd & Anor (Claim relating to breaches of the Corporations Act and ASIC Act)
• Thorpe v Head, Transport for Victoria & Ors (Supreme Court of Victoria). Proceeding relating to application to restrain construction of the Western Highway Duplication project. Led By Patrick Noonan.
• Xu Yin v Biao Ouyang (Supreme Court of Victoria). (Resolved)Proceeding relating to loan agreement.  Led by Charles Shaw KC.
• Hodaya Holdings Pty Ltd v Big C & S Group Pty Ltd. (Federal Court of Australia). Injunction application.  Led by Michael Wiles KC.
• Advising and preparing pleadings in relation to negligence and tort claims.
• Advising and preparing pleadings in relation to breaches of fiduciary duties, breaches of the consumer law and breach of contract claims.

Class Actions and Consumer Law

• Iddles & Anor v Fonterra Australia & Ors (Supreme Court of Victoria)  Representative Proceeding. Breach of contract. Misleading & Deceptive Conduct. Unconscionable Conduct. For the Plaintiffs. Led by Lachlan Armstrong KC and with Min Guo.
• Roberts v Roma RV Pty Ltd [2022] VCAT 1208. Unled.

• Tims v Blanchett  [2021] VCAT 963 (10 September 2021). Unled.
• Advising and preparing pleadings in relation to disputes with Franchisees, and claims under the Australian Consumer Law,

Insurance

• AMFR Holdings Pty Ltd v Arch Underwriting Pty Ltd & Ors; Transit Pty Ltd v Arch Underwriting Pty Ltd & Ors and related proceedings. (Supreme Court). Proceedings relating to insurance claims arising out of Covid-19 business interruption loss.  Led by Rob Craig KC and Andrew Cameron.

Appeals

• Howe v Zuchowski [2024] VSCA 56 (Appeal from decision of the County Court of Victoria (Led)
• Makland Constructions Pty Ltd v Page Steel Fabrications Pty Ltd [2024] VSCA 142 (Led)

Defamation

• Agustin-Bunch v Smith.  (Supreme Court of Victoria). (Defamation Proceeding) (Resolved) (Led).
• Armstrong v Assatryan & Ors Armstrong v Assatryan & Ors [2023] VCC 7 (Defamation trial acting for the Plaintiffs) (Unled).  
• Dalas v White; White v Dalas (County Court of Victoria) (Defamation Trial) (Unled).
• Advising defendant and appearing in hearing in relation to pseudonym application sought by plaintiffs in the context of a defamation proceeding.
• Advising clients in relation to serious harm, concerns notices, pleadings, injurious falsehood claims and other interlocutory disputes.