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Jonathan
Davis QC

Jon has a superior court commercial, industrial and professional liability practice. His commercial practice focuses on the areas of contracts, corporations law, trade practices, property, equity, trusts, fiduciary duties and insurance law. Jon is an experienced trial and appellate advocate. 

Jon did articles and practised as a solicitor at Corrs Chambers Westgarth before coming to the Bar in 1993. He read with the Honourable Justice Whelan.

The following is a selection of recent cases in which Jon has appeared:

2016

Re Simonds Group Limited [2016] VSC 609 - Corporations Act 2001 (Cth) - Scheme of Arrangement - oppression - injunctions

- Volunteer Fire Brigades Vic Inc v CFA (No. 2) [2016] VSC 613 - industrial dispute - discovery - Civil Procedure Act 2010 (Vic)

- Volunteer Fire Brigades Vic Inc v CFA (No. 3) [2016] VSC 621 - industrial dispute - s.240 of the Fair Work Act 2009 (Cth) - s.131 of the Evidence Act 2008 (Vic) - without prejudice privilege.

- Carron Investments Pty Ltd v George Lang & Anor [2016] VSCA 287 - Court of Appeal - administrative law (appeal of an order for certiorari arising from an application for judicial review pursuant to order 56 of the Supreme Court (General Civil Procedure) Rules 2015).

- Lang v Carron Investments Pty Ltd & Anor [2016] VSC 165 - administrative law - judicial review pursuant to order 56 of the Supreme Court (General Civil Procedure) Rules 2015.

2015

CFMEU v Boral Resources (Vic) Pty Ltd [2015] HCA 21 (High Court of Australia) (for the Attorney General for the State of Victoria leading Ben Jellis) - appeal.

FBIS International Protective Services (Aust) Pty Ltd v Maritime Union of Australia [2015] FCAFC 90 (Full Court of the Federal Court of Australia) - judicial review - industrial law - construction of s.120 of the Fair Work Act 2009.

- Canty & Ors v Greyhound Racing Victoria [2015] VSC 71 (with OP Holdenson QC) - application for interlocutory injunction.

CFMEU v Grocon Constructors (Victoria) Pty Ltd & Ors [2015] HCATrans 24 (High Court of Australia) (for the Attorney General for the State of Victoria leading Ben Jellis) - application for special leave.

CFMEU v Boral Resources (Vic) Pty Ltd & Ors [2015] HCATrans 23 (High Court of Australia) (for the Attorney General for the State of Victoria leading Robyn Sweet) - application for special leave.

2014

- CFMEU v Boral Resources (Vic) Pty Ltd & Ors; v Grocon Constructors (Victoria) Pty Ltd & Ors [2014] HCATrans 266 (High Court of Australia) (for the Attorney General for the State of Victoria leading Ben Jellis) - application for stay pending application for special leave.

- FBIS International Protective Services (Aust) Pty Ltd v Fair Work Commission [2014] FCA 1390 - industrial law - construction of s.120 of the Fair Work Act 2009.

- CFMEU v Grocon Constructors (Victoria) Pty Ltd & Ors; CFMEU v Boral Resources (Vic) Pty Ltd & Ors [2014] VSCA 261 (Court of Appeal) (For the Attorney General for the State of Victoria leading Robyn Sweet - contempt of court - application for leave to appeal the decision of Digby J in Boral Resources (Vic) Pty Ltd & Ors v CFMEU and Anor [2014] VSC 120 to the effect that the Court had power to compel a corporate defendant to a proceeding for contempt of court to provide documentary evidence for use against that defendant in that proceeding.)

- Boral Resources (Vic) Pty Ltd & Ors v CFMEU and Anor [2014] VSC 120. (For the Attorney General for the State of Victoria leading Robyn Sweet - contempt of court -power of the Court to compel a corporate defendant to a proceeding for contempt of court to provide documentary evidence for use against that defendant in that proceeding.)

2013

- CFMEU v Boral Resources (Vic) Pty Ltd & Ors [2013] VSCA 378. (Court of Appeal) (For the Attorney-General for the State of Victoria leading Robyn Sweet - contempt of court - decision of Court of Appeal upholding the decision of Digby J in Boral Resources (Vic) Pty Ltd & Ors v CFMEU [2013] VSC 572 to the effect that the Attorney-General for the State of Victoria had standing to be joined as a plaintiff to a proceeding for contempt of court commenced by a private plaintiff for breach of an injunctive order in favour of that plaintiff.) 

- Permark International Interiors Pty Ltd v Amoveo Pty Ltd & Ors [2013] VSC 563. (Principles relating to the award of costs of a proceeding against non-parties.) 

- Qube Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695.(Legal professional privilege - whether conduct inconsistent with maintenance of claim for privilege - Evidence Act (Vic) s122(2) and s122(3)(a) and (b) - knowingly voluntary disclosure - disclosure with express or implied consent.) 

- Boral Resources (Vic) Pty Ltd & Ors v CFMEU [2013] VSC 572(For the Attorney-General for the State of Victoria leading Robyn Sweet - contempt of court - standing of the Attorney-General for the State of Victoria to be joined as a plaintiff to contempt proceedings commenced by a private plaintiff for breach of an injunctive order in favour of that plaintiff.)

- Ambridge Investments Pty Ltd (in liq) (receiver appointed) v Baker & Ors (No. 4) [2013] VSC 178. (Complex questions of legal professional privilege arising from an application made alleging misfeasance against a solicitor by one of a number of former clients who jointly retained that solicitor. The issue was whether the balance of former clients (who did not join in the action for misfeasance) also impliedly waived privilege in their joint file to the extent necessary to allow the solicitor to adduce evidence from that file to defend the application.) 

2012 

Xiao Hui Ying v Perpetual Trustees Victoria Ltd & Ors [2012] VSCA 316 (Court of Appeal) (Error in the exercise of discretion to order a new trial - allegations of fraud - property law including indefeasibility of Torrens mortgage where fraud and entitlement to indemnity under the Transfer of Land Act (Vic) 1958);

- Xiao Hui Ying v Perpetual Trustees Victoria Ltd & Ors [2012] VSCA 85 (Court of Appeal) (Application for leave to appeal the refusal of trial judge to exercise his discretion under Rule 49.02(2) to order a new trial where fraud was alleged);

- Goddard Elliott (a firm) v Fritsch [2012] VSC 87 (Professional liability – solicitors and counsel, whether agreement to settle produced by negligence, breach of fiduciary duties or coercion - whether pre-settlement representations made in trade or commerce within the meaning of s.9(1) of the Fair Trading Act 1985 (Vic) - whether advocates’ immunity applies, assessment of damages for lost opportunity);

- Sitzler Savage Pty Ltd v Northern Mining Pty Ltd [2012] VSC 104 (Commencement of proceeding on behalf of corporation without its authority to do so - indemnity costs including indemnity costs against solicitors);

- Permark International Interiors Pty Ltd v Amoveo Pty Ltd & Ors (Ruling No.1) [2012] VSC 491 (Reverse strike out appication - s29 of the Civil Procedure Act 2010 (Vic));

- Traditional Values Management Limited (in liq) v Taylor & Ors [2012] VSC 299 (Consolidation of proceedings – separate proceedings against directors and officers, auditors, accountants and unit holders in failed managed investments scheme);

- ACN 101074095 Pty Ltd v Oaks Hotels & Resorts Limited [2012] VSC 336 (Application for leave to amend - consideration of the principles in Aon Risk Services Australia Limited v ANU (2009) 239 CLR 175);

- Perpetual Trustees Victoria Limited v Xiao [2012] VSC 65 (Application to set aside judgment entered at trial in absence of party where allegations of fraud).

Clients

While at the bar Jon has appeared for and advised statutory, publicly listed and private corporations, professional firms, prominent individuals and the State of Victoria.

For example, Jon has been retained for:

Allianz Australia Insurance Limited; Atlas Iron Limited; Australian Unity Funds Management Limited; Commonwealth Superannuation Commission; Greyhound Racing Victoria; Mirvac (Docklands) Pty Ltd; the National Gallery of Victoria; Oaks Hotels and Resorts Limited; Priceline Pty Ltd; Primelife Corporation Limited; Standards Australia; Archbishop Pell, now Cardinal Pell, the Attorney-General for the State of Victoria and Bernie Brookes (former CEO of Myer).

If you would like to see a more extensive list of cases in which Jon has appeared, please click this link.

Liability limited by a scheme approved under Professional Standards legislation. 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.

Contact

PH +61 3 9225 6463
Email davisj@vicbar.com.au

Chambers: Room 3209
Aickin Chambers
200 Queen Street
Melbourne 3000

Practice Areas

Commercial
Professional Liability
Corporations Law
Insurance
Contractual Disputes
Competition
Defamation
Equity
Trusts
Real Property
Industrial/Employment
Industrial Disputes and statutory employment rights
Employment Contracts and Restraint of Trade

ADMISSIONS

Admitted to the Legal Profession:
02 Dec 1991
Signed Victorian Bar Roll:
27 May 1993
Appointed Silk:
24 Nov 2015