Tom Barry practises in corporate, commercial and tax law, including competition, insolvency, regulatory and administrative law matters.
Tom has particular experience in litigation arising from complex transactions, M&A, corporate disclosure, warranty and indemnity insurance, directors’ duties and shareholder disputes as well as matters of contractual or legislative interpretation. He is recognised for his ability to apply the law to situations involving accounting, economic, financial or valuation evidence.
Prior to coming to the Bar, Tom was a Senior Lawyer at Gilbert + Tobin and a Senior Associate at Corrs Chambers Westgarth working closely with Janet Whiting.
Tom has 10 years experience as a solicitor and was the leader of teams in high profile matters including:
- for the Bainbridge shareholders in oppression proceedings in 2016 regarding Grill’d;
- for the State of Victoria to bring the East West Link project to an end in 2015; and
- for Asahi in Federal Court proceedings which settled in 2014 for NZ$220m to Asahi.
Tom has sat on not for profit boards and subcommittees since 2011. He lectured economics at the University of Melbourne in 2007 and 2008 and tutored law at Newman College and economics at five residential colleges as an undergraduate.
Tom will complete his final subject of a Master of Laws at the University of Melbourne in 2017 having specialised in tax and competition law.
Tom is reading with Dr Catherine Button and his senior mentor is Charles Scerri QC.
Selection of recent matters
Matters in which Tom acted as the lead senior lawyer before coming to the Bar include:
- Acted for the Bainbridge parties in Bainbridge Grill'd Pty Ltd v Simon Crowe; Federal Court Proceeding VID581/2016 (9 day trial in November 2016);
- Acted for Amcor in Amcor Flexibles Group Pty Ltd v AIG Australia Limited  FCA 1428;
- Acted for Bapcor Group Limited in Aftermarket Network Australia Pty Ltd v Certain underwriters at Lloyd's subscribing to Policy No 6482/13(C)-13087  FCA 1402;
- Acted for the Commonwealth Department of Infrastructure and Regional Development in disputes arising from the terms of airport leases granted by the Commonwealth;
- Acted for Cargill in Cargill Australia Limited v Viterra Malt Pty Ltd; Supreme Court of Victoria S ECI 2014 000146;
- Acted for Mirvac Limited in the Trade Union Royal Commission in 2015;
- Acted for the Commonwealth Department of Health in Epworth Foundation v Megan Keaney; Federal Court Proceeding VID265/2015 (settled);
- Acted for the State of Victoria through the Department of Premier and Cabinet to bring the East West Link Project to an end in 2015;
- Acted for Asahi in Federal Court Proceeding VID87/2013, which settled for NZ$220m paid to Asahi in 2014, including in Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd  FCA 998 and Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd (No 4)  FCA 796;
- Acted for Mirvac Limited in the Queensland Floods Commission of Inquiry in 2011 and 2012;
- Acted for Mirvac in Dunworth v Mirvac Qld Pty Ltd  QCA 200 and in Mirvac Queensland Pty Limited v Dunworth  HCATrans 23 (10 February 2012).
- Acted for and advised various publicly listed corporations, government and private clients in further disputes, including for the interests of Spotless, Wesfarmers, Rio Tinto, the Commonwealth Department of Health, Orica and Orora.
Tom has also acted as a solicitor on large commercial transactions and M&A both at the front end and in subsequent disputes, including:
- Acted for Fosters’ Group Limited to effect the demerger of Treasury Wine Estates Ltd by scheme of arrangement in Re Foster's Group Limited  VSC 93;
- Acted for Plantic to effect a takeover of that company by scheme of arrangement in Re Plantic Technologies  VSC 484 and Re Plantic Technologies Ltd (No 2)  VSC 554; and
- Acted for KordaMentha in respect of the sale of the Timbercorp forestry assets and subsequent disputes.
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 9225 7309
Chambers: Room 3821
Ninian Stephen Chambers
140 William Street
Securities and Investments
Consumer Protection Law
Building and Construction
Environment and Planning
Valuation of land rating and tax appeals
Compulsory acquisition of land compensation
Commissions and other inquiries
Judicial Review and administrative law
Admitted to the Legal Profession:
11 Dec 2007
Signed Victorian Bar Roll:
04 May 2017
BComm, LLB (Hons) (Melb)