Samuel Burt

Samuel practises principally in commercial law, equity and trusts, administrative law, and common law. He appears (both led and unled) in the Supreme Court of Victoria, the Federal Court of Australia, and the County Court of Victoria in a wide variety of matters.

Samuel is commercial, practical, results-orientated and efficient. Before being called to the Bar, he was a Senior Associate to the Hon. Justice Judd and the Hon. Justice Digby at the Supreme Court of Victoria. In that role, he gained an intimate knowledge of the conduct of proceedings in superior courts and invaluable experience in litigation strategy, practice and procedure, and problem solving generally.  

He graduated with a Bachelor of Laws (LLB) from the University of Melbourne.

A selection of some of Samuel's cases include: 

Commercial

• Hardy Irrigation Pty Ltd v Leeton Aerial Ag Pty Ltd & JN Aviation (unled in the District Court of NSW which involves allegations of the damage to cotton plantations as a result of aerial spraying). 
• Samuel recently advised with Senior Counsel, a large pet nutrition business on its company structure arrangements, including the implications of various trust mechanisms, prior this organisation pursuing opportunities in the United States. 
• DPP v Desic (and others) CR 2-00395 (led by Dr G Boas -  Conspiracy to Import Boarder Control Drugs in the context of a commercial setting). 
• Inghams Enterprises Pty Ltd ACN v Stunden Holdings Pty Ltd S ECI 2024 01781 (Victoria Supreme Court) (unled in a matter involving the sale of a commercial scale chicken farm on the Mornington Peninsula)
• Candace Dawn Georgia McLaren v Artcam Enterprises Pty Ltd and Campbell Robert Farquharson McLaren S ECI 2022 05245 (Led by Jack Rush KC).
• Artcam Enterprises Pty Ltd v Campbell McLaren and Ors S ECI 2023 00612 (Led by Jack Rush KC). 
• Alan Leslie Adams v Pradhan, Gautam & Westmore Aged Care Services 23-05273 County Court (unled).
• D & M Millar Pty Ltd v Mathew Henry Scutcheon (County Court)(unled in a case involving the interpretation of a joint venture agreement by builders).\
• Haibo Chu v Impex Lawyers & Advisers Pty Ltd S ECI 2022 02346 (Victoria Supreme Court) (Led by Cam Truong KC). 
• Urban Moto Imports Pty Ltd v KTM AG & Others S ECI 2020 01602 (Victoria Supreme Court) (led by Michael Galvin KC).
• Tae Han Food Import Pty Ltd v Tae Han Food Import & Export Pty Ltd S ECI 2020 02661 (Victoria Supreme Court) (led by Dr Paul Vout KC).  
• Mount Wills Gold Mines Pty Ltd v Honourable Minister for Resources S ECI 2021 00077 (Victoria Supreme Court) (unled).
• Sigma Company Limited v Central Healthcare Services CI-20-00411 (County Court) (unled).

Common Law

• Sam Mallios v Transport Accident Commission (Samuel ran this matter unled in the County Court on behalf of the Plaintiff).
• Hannah Frey v Bass Coast Health (resolved this matter which concerned the potential non-delegable duty of child-care program vis a vis a child).
• Katrina Elize Chokljat (VWA) -v- Ideal Catering Services Pty Ltd (unled).
  • Representing a restaurant on the Mornington Peninsula in an enforcement proceeding brought by the VWA. Resolved with plea. 
• Allan Herbert (a pseudonym) v Trustees of the Christian Brothers (Supreme Court of Victoria)(led by John Gordon). 
• Jamie Hart v Malka Leifer & Adass Israel School (led by Stephen McCredie).
• Christina Tsikos v Austin Health S ECI 2021 00157 (Victoria Supreme Court) (led by Lisa De Ferrari KC).
  • Direct discrimination case brought by an individual against the Austin Hospital on the basis of sex and age. 
• Austin Health v Christina Tsikos S APCI 2022 (Court of Appeal) (led by Lisa De Ferrari KC). 
• Julian Gibbs v Geelong Grammar School S ECI 2021 00671 (Victoria Supreme Court) (led by Dr Gideon Boas). 
  • Historic abuse case by an individual against his former school.
• Wajira Danthanarayana v Karen Fogarty & anor S ECI 2020 00828 (Victoria Supreme Court); Wajira Danthanarayana v Karen Fogarty & anor No SC 190 of 2021 (ACT Supreme Court) (led by Cam Truong KC).
  • Proceeding by an individual in negligence against his previous solicitors. 
• Joseph Haynes (a pseudonym) v Julian Fox & Salesian Society Inc S ECI 2020 02236 (Victoria Supreme Court) (led by Stephen McCredie). 
  • A matter involving allegations of historic sexual abuse by an individual against a religious institution. 
• Cameron Chevalier v Association for Christian Education of Dandenong S ECI 2019 02261 (Victoria Supreme Court) (led by Dr Gideon Boas). 
  • Proceeding involving allegations of bullying and abuse by students at a school against an individual and the liability of the school. 
• Menahem Waks v Cyprys & Ors SCI 2013 01744 (Victoria Supreme Court) (unled).
  • Damages hearing in respect to historic sexual abuse by an individual employed by an institution. 
• Amir Mohammed Mumin v DNA Empire Pty Ltd CI-20-04053 (County Court). 
  • Allegations of systemic bullying by an employee against an employer. 
• EEU20 v Meat Industry Employees’ Superannuation Fund Pty Ltd (Federal Court) (unled).
  • An appeal from a decision of the Superannuation Complaints Tribunal relating to a death benefit. 
• David Witenden v Sandy Mining Pty Ltd and Douglass Wakely Cahill (led by Garrie Moloney).
  • Proceeding brought by the department under the Mineral Resources (Sustainable Development) Act 1990.

Employment and Industrial

• During 2024, Samuel 
  • Advised a leading Australian integrated facilities services operator on an acquisition, focusing on the smooth transfer of employees. His guidance ensured both compliance with regulations and commercial certainty throughout the process
  • Advised an executive at a leading Australian brand on issues pertaining to reputational risk during the transition of the conclusion of their employment. 
  • Has negotiated on behalf of and assisted a senior teacher which led to the lifting of a sanction during a period of investigation. 
  • Advised an executive at a higher education organisation in Victoria during the conclusion of their employment period. 

• Wall v Kingbuilt Homes Pty Ltd & Anor FCCA 2019-2355.

• Annetta Wilson v Glenmac Sales & Services Pty Ltd [2018] VCC 1801 (County Court) (led by Danny Masel S.C).
• Xu Chu Liu v Brillico Pty Ltd T/A Ugg Direct [2018] FWC 4797 (unled).

Planning and Environment 

• Kym Earl v Mount Alexander Shire Council & Ors (Contractors Depot Permit Case).
• Roxton Commerical Builders Pty Ltd (ACN 616 908 073) v Immix Property Group Pty Ltd (ACN 616 273 262) Cl-22-04373 (County Court of Victoria) (unled). 
• Studio Homes Victoria Pty Ltd v Brimbank City Council P1120/2022 (led by Peter O'Farrell SC). 
• St John of God Health Care v Melton City Council P1009/2020 & P1004/2020 (led by Peter O’Farrell SC). 
• BCA Asset Management Group Pty Ltd v Sand Solutions Pty Ltd P1485/2019

International Training Program 

• Samuel has in the last three years participated in the delivery of advocacy training programs to PNG and Vanuatu and has recently participated in the delivery of the 'Train and Trainers Program' in Melbourne in 2024 as hosted by the Victorian Bar with candidates from Fiji, Tonga, PNG, the Soloman Islands and Vanuatu.