Scott practices in commercial litigation. He acts for private litigants, institutional clients and regulatory bodies. Some recent cases that have proceeded to judgment include:
Bankruptcy and Insolvency
- Woods & Lombe as trustees of the bankrupt estate of Ulusoylu v Ulusoylu  FCCA 935 - sale proceeds - transfer of money void pursuant to s.120 of the Bankruptcy Act 1966 - no resulting trust - no express trust - no constructive trust.
- Turner in his capacity as trustee of the bankrupt estate of Wallace v Wallace  FCCA 963 (led by Jeremy Twigg QC) – transfer of property 10 years prior to bankruptcy - void pursuant to s.121 Bankruptcy Act 1966.
- Polytrade Pty Ltd v Glass Recovery Services Pty Ltd  VSC 164 – statutory demand withdrawn prior to application – costs.
- Brancatisano v Brancatisano  FCA 1424 – application to set aside bankruptcy notice.
Tax Related Matters
- Hope v Commissioner of Taxation  AATA 877 – excess (superannuation) contributions tax – reallocation of contributions to another tax year.
Banking and Finance
- Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd  VSCA 198 - whether costs of trial should be remitted to trial judge - whether issues based cost order should be made.
- Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd  VSCA 161 - loan agreement - construction of contract - penalties - set off.
- Gippsreal Ltd v Melbourne Linh Son Buddhist Society Inc  VSC 324 - caveat - injunctive restraining orders - deeds - agency - contract - liquidated damages.
- Permanent Custodians Limited v The Deceased Estate of the Late Leonard Tagg & Ors (4 May 2015) Supreme Court of Victoria – mortgage - banking - set aside judgment.
- Fegen v Rahme and Ors - Ruling (5 June 2014) Supreme Court of Victoria, Practice Court – mortgagee - injunction - mareva.
Retail & Commercial Tenancies
- Trevorah v ANS Investments Pty Ltd  VSC 149 - interlocutory injunction - lease to company - company in liquidation - licence agreement.
- Ellijoy Investments Pty Ltd v Hart Brothers Pty Ltd (Retail Tenancies)  VCAT 321 – costs – vexatious proceedings.
- Victorian Legal Services Commissioner v BW (Legal Practice)  VCAT 1835 - professional misconduct.
Competition and Consumer Advice
- Having previously been engaged by the ACCC as an Assistant Director of its Enforcement Division, Scott provides advice to clients in respect of competition and consumer issues; responses to ACCC investigations and notices.
Scott is a nationally accredited mediator and accepts appointments to mediate in all areas of commercial disputes. He is a mediation panel member of the Office of the Franchising Mediation Adviser and Magistrates' Court Single List of External Mediators.
From 2011 to 2013 Scott was a Senior Lawyer employed by the Australian Taxation Office (ATO) where he conducted taxation (director penalties and other tax related recoveries); and insolvency litigation (unfair preference claims; defending applications to set aside statutory demands) on behalf of the Commissioner and Deputy Commissioner of Taxation, representing them in negotiations, mediation and appearances. From 2005 to 2011 Scott was employed by the Enforcement Division of the Australian Competition and Consumer Commission (ACCC) seeking compliance by business with the then TPA through administrative resolutions; 87B Court enforceable undertakings and litigated outcomes. From 1999 to 2005 Scott was a solicitor in private practice in the areas of commercial and estate litigation.
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.
PH +61 3 +61 3 9225 6398
Chambers: Room 421
Owen Dixon Chambers East
205 William Street
Alternative Dispute Resolution
Property & Probate
Insurance Law & Professional Negligence Law
Corporations Law & Securities Law
Competition Law & Consumer Law
Bankruptcy Law & Insolvency Law
Banking & Finance
Equity & Trusts
Wills & Probate
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law
Tax Law & Revenue Law
Goods & Services Tax
Admitted to the Legal Profession:
04 Nov 1998
Signed Victorian Bar Roll:
24 Oct 2013