Join us in a review of issues that will enhance your decision-making skills and reason. Hear an update on Procedural Fairness and potential conflicts of interest and explore the use of declarations and injunctions as remedies for unlawful conduct. Explore the issues surrounding evidence and fact-finding in the Judicial Review process and review the concepts of merits review for tribunals using reasoning from First Principles.

Presenters

James Smart, Partner, Maddocks
James Smart heads up the Maddocks Commercial Government and Not-for-Profit team. He has nearly 30 years experience providing a broad range of contract, commercial and administrative law advice to government departments and statutory authorities. James advises on statutory interpretation, governance, regulatory and compliance issues on a daily basis and assists a number of Victorian regulators to carry out their statutory functions. James has also drafted and advised on a large number of significant government contracts.


Amy Kelly, Special Counsel, Maddocks
Amy completed her articles of clerkship with Maddocks in 2006 and has recently returned to Maddocks following a period spent in house, most recently in the role of General Counsel at the Emergency Services Telecommunications Authority (ESTA). In her time at ESTA, Amy was responsible for providing legal advice in respect of a range of issues, including general contract and commercial advice, complaints and FOI, privacy and records management, governance, policy and government engagement, and litigation. Amy was also responsible for the Board Secretary function and in the management of matters relating to Office of the Chief Executive. In that capacity, Amy provided high level and strategic advice to the ESTA Board, CEO and Executive Leadership Team. Amy has extensive experience working with internal and external stakeholders including senior executives and Board members and understands the importance of providing clear, frank and fearless advice to her clients. During her time at Maddocks, Amy has worked with a variety of clients including local government, state government departments, statutory bodies, individuals, private business and large corporate entities.


Natalie Blok, Barrister, Castan Chambers
Natalie Blok has been a lawyer for over 15 years, and a barrister for 7. Natalie has a background in administrative and employment law, focusing more recently on planning and environment law. Natalie regularly advises and appears for government agencies (including water authorities and local councils) and private parties in planning appeals, regulatory & penalty proceedings, inquiries & inquests and merits & judicial review proceedings. Her practice involves frequent appearance work in courts and tribunals, including VCAT, the Supreme Court, the Federal Court, the Federal Circuit Court, the AAT, Boards and Panels. Before becoming a lawyer, Natalie worked in the disability sector. Natalie is hard working, systematic and thorough with a personable approach. She is known for attending to both detail and broader strategy. Natalie has an excellent understanding of government systems and administrative processes and is adept at making them easily understandable. She is passionate about the law, and the environment (both natural and urban) and brings strong research, writing and problem-solving skills to her work. Natalie is compassionate and sensitive to peoples’ needs. In 2018, Natalie completed a Masters of Public and International Law at the University of Melbourne and is currently undertaking post graduate studies in Planning and Environment at RMIT. Natalie is also a reporter for the Victorian Reports. Natalie regularly works with Senior Counsel, most recently with Daniel Star QC, Dominique Hogan-Doran SC, Kristen Walker QC (Solicitor-General), Malcolm Harding SC and Christopher Canavan QC. She has also worked with Richard Niall QC (now of the Court of Appeal), Melinda Richards SC & Steve Moore QC (both now of the Supreme Court), Susan Brennan SC, Paul O’Grady QC, Guy Gilbert SC, Sarah Porritt and Emrys Nekvapil. Natalie welcomes electronic briefs and direct access briefs.


Lisa De Ferrari SC, List A Barristers
Lisa practises in public law, commercial law and common law (major torts list, class actions and defamation). In the last 12 months (since taking silk), Lisa's practice in public law has included: advising various Department and other clients on issues which have included statutory construction and judicial review applications (including the risk of such applications being brough); being briefed to appear in a number of urgent cases in the Supreme Court, in the nature of judicial review from inferior courts; appearing in the Court of Appeal for the Director of Public Prosecutions, in an appeal where the constitutional validity of various provisions of the Confiscation Act 1997 was being challenged; appearing in the High Court in an appeal on questions of materiality of error where the allegation is breach of procedural fairness and when certiorari might be refused on discretionary grounds; settling various applications for special leave to appeal, and various responses to such applications; appearing in the Federal Court on a number of interlocutory applications seeking orders to provide urgent medical care to refugees being held in the Republic of Nauru.


Justin Wheelahan, Barrister, Emmerson Chambers
Justin practises in administrative law, general commercial law, and IP. His public and administrative law practice includes merits review, judicial review, and appellate advocacy. Justin appeared as junior counsel in the High Court in Frugtniet v ASIC (2019) 266 CLR 250, Minister for Home Affairs v FRX17 (2020) 270 CLR 302, and Clayton v The Queen (2006) 231 ALR 500. He regularly appears for company directors and professionals in relation to allegations of professional misconduct in disciplinary and regulatory tribunals, and on review to VCAT and the AAT. Justin’s general commercial practice includes advice and advocacy in disputes involving copyright, trade mark, and design infringement, breach of confidence, misleading and deceptive conduct, breach of contract, unconscionable conduct, breach of director's duties, and insolvency. He regularly advises and appears in defamation proceedings, injurious falsehood claims, and suppression order related matters. Justin holds a BA(hons)/LLB from Melbourne and a Masters in IP from Monash, and is a contributing author to Lahore’s Trade Marks, Patents and Confidential Information and Related Rights service published by LexisNexis. Justin has a background in appearing as counsel in indictable criminal fraud trials appearing for both the Crown, and the defence.