Foley's List Barrister
Barrister Information
Profile
Stephen practises in a broad range of matters across employment, corporations and general commercial law.
He also has special interests in medical, research and therapeutic goods regulation, sports, and technology companies including start-ups.
Stephen has appeared in the FCA, FCFCOA (both divisions), SCV, CCV, MCV, FWC and VCAT. He appears led and unled.
Stephen has recently been briefed in matters involving:
- Employment law representing both applicants and respondents including general protections claims, underpayments and other entitlements, dismissal, breach of contract including restraint clauses and misuse of confidential information, employee/contractor disputes and civil penalty proceedings.
- Corporations law including breach of directors’ duties and oppression proceedings, and non-profit governance.
- General commercial matters including breach of contract, consumer law, retail and commercial leases, debt, bankruptcy and insolvency, various claims in tort and equity including fiduciary duties, third party liability and equitable fraud, various interlocutory matters.
- Industry regulation advice including but not limited to health practitioner and therapeutic goods regulation.
In addition to law, Stephen has qualifications in business and accounting and has completed the company directors' course by AICD. He is currently undertaking a Master of Laws at the University of Melbourne.
Prior to the Bar, Stephen worked for over a decade as CEO of a national medical research institute and subsidiary primary healthcare clinics, and prior to this worked in regulatory affairs in medical device manufacturing. He also provided strategic consulting services across a wide range of industries including software, retail, healthcare, and pharmaceuticals and complementary medicines, and brings a strong understanding of business and commerciality to his legal practice.
Stephen read with Tyson Wodak. His senior mentor is Stuart Wood AM, QC.
Stephen is a member of:
- The Victorian Bar's Finance, Risk and Audit Committe (Committee Member)
- The Victorian Bar's Innovation & Technology Committee (Committee Member)
- Medicolegal Society of Victoria (Committee Member)
- Professional Boxing and Combat Sports Board of Victoria (Board Member)
- Commercial, Industrial and Tax Bar Associations
- Institute of Public Accountants
- Australian Institute of Company Directors
Some of the recent published judgments and/or media coverage in matters which Stephen appeared include:
- Alvarez Nino v Kuksal (No 6) [2024] FedCFamC2G 627 (costs - s 570 Fair Work Act 2009 (Cth))
- Bostan v European Operations Company Pty Ltd (No.4) [2023] FedCFamC2G 378 (civil penalty proceedings)
- Marshalls & Dent & Wilmoth v Tandos (Costs) 2024 VSC 123 (costs of application for extension of time)
- Alvarez Nino v Kuksal (No 5) [2024] FedCFamC2G 203 (applications for set aside or stay of judgment)
- Marshalls & Dent & Wilmoth v Tandos [2024] VSC 44 (costs assessment - extension of time)
- Alvarez Nino v Kuksal (No 4) [2023] FedCFamC2G 1051 (underpayments - sham contracting - accessorial liaiblity)
- Innovision IP v Peter W Jess & Associates (CCV, 2023). Media: The Age (breach of contract, agency, unjust enrichment)
- Kamran Akmal and Mohammad Amir v Tazwin Sports (FCFCOA, 2023). Media: The Age, Cricket Pakistan, Daily Times, Pakistan English News, various sports news outlets (misleading or deceptive conduct - passing off - injunction and damages sought)
- Landsville Huynh Pty Ltd v Huynh (No 2) [2023] VSC 304 (costs of derivative leave proceeding - timing of taxation)
- Bostan v European Operations Company Pty Ltd (No.3) [2023] FedCFamC2G 1026 (penalty hearing - adjournment)
- Harkness v Banks [2023] VSC 588 (reviewability of DPP decision to withdraw charges - SCV's constitutionally-protected supervisory jurisdiction - notice of constitutional matter (Judiciary Act 1903 (Cth) s 78B)
- Bostan v European Operations Company Pty Ltd (No.2) [2023] FedCFamC2G 312 (slip rule - default judgment - compensation orders against accessory). Media: The Age.
- Landsville Huynh v Huynh [2023] VSC 55 (statutory derivative action - ss 236 & 237 of the Corporations Act 2001)
- Stancu v Barua (No 2) [2022] VSC 739 (equitable fraud - barnes v addy - discovery of tax-related documents)
- Sutton v Edyvane’s Transports Pty Ltd (No 2) [2022] FedCFamC2G 1062 (civil penalty hearing)
- Sutton v Edyvanes Transports Pty Ltd [2022] FedCFamC2G 834 (underpayments - award contraventions)
- Alvarez Nino v Kuksal (No 3) [2022] FedCFamC2G 650 (relevance of documents - admissibility - provenance)
- Alvarez Nino v Kuksal (No 2) [2022] FedCFamC2G 548 (recusal - apprehended bias)
- Koetsveld v McColls Transport Pty Ltd [2022] FWC 1681 (unfair dismissal - jurisdictional objection - s 386)
- Alvarez Nino v Kuksal [2022] FedCFamC2G 401; 316 IR 322 (Led by Mark Irving KC) (statutory construction - availability of accessorial liability in claims under s 548 of the FW Act). Media: Lawyers Weekly, Workplace Express, ABC News, ABC News, ABC Radio
Admitted
04 June 2020
Bar
21 Oct 2021
The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.