John Heard

• Class Actions
• Commercial Law
• Competition
• Environment & Planning
• Equity
• Fraud, Injunctive Relief & Asset Recovery
• Media, Entertainment & Broadcast
• Public Law
• Sports, Gaming & Licensing
• Taxation

John Heard practices in all areas of commercial litigation with a focus on insolvency / restructuring and banking and finance.

He is regularly briefed in appearance, trial, and advice work and to draw and settle pleadings and applications (see representative matters below).

John is also a member of the NSW Bar and is available to accept briefs Australia-wide (please check with Young’s List for any in-person availability required).

Select matters:

• Baptcare Ltd v Thomas Ingpen & Anor [2022] VSCA 250 (led by Cam Truong KC, application for leave to appeal from ruling refusing leave to amend defence prior to trial, including appearing unled on Ingpen v Baptcare Ltd [2022] VCC 1620 – leave granted, appeal allowed).
• Acting for the lead Multiplex defendants in multiparty debt and judicial advice proceedings commenced by the liquidators of the Hastie Group (led by Philip Crutchfield KC and Fiona Cameron, including Liability Trial and application to convert a creditors voluntary winding up into a court ordered liquidation):
  • Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 3) [2022] FCA 1280.
  • Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (No 4) [2022] FCA 1575.
  • Subject to application for leave to appeal certain orders (briefed in the appeal, led by Philip Crutchfield KC and Fiona Cameron).
• Al Muderis v Nine Network Australia Pty Ltd & Ors (Federal Court of Australia – NSW Registry, led by Dr Matthew J Collins AM KC and Lyndelle Barnett, acting for the media respondents Channel Nine, Fairfax / Sydney Morning Herald, The Age, and individual journalists in an expedited defamation claim arising out of media reports on certain osseointegration surgeries, including claims for special and aggravated damages).
• IMO Michael Sklovsky Pty Ltd (in liq); Cremin as Liquidator of Michael Sklovsky Pty Ltd (in liq) & Anor v Hellmann Worldwide Logistics Pty Ltd (Supreme Court of Victoria, unled, unfair preference claim arising out of the Ishka retail collapse).
• Hall v Arnold Bloch Leibler (a firm) (Federal Court of Australia, unled, shareholder class action – confidentiality and privilege aspects).
• Jing Chen v One Funds Management Ltd & Ors (Federal Court of Australia, led by Paul Vout KC, multiparty proceedings in relation to managed investment schemes and breach of trust, including leave to commence against / join company in liquidation).
• Smart Plastics Pty Ltd v Watts & Freshpac Pty Ltd (Supreme Court of Victoria, unled, proceedings for declaration of a trust, an account of profits, compensation for breach of director’s duties, and damages arising out of the alleged misuse of confidential commercial information, including application for security for costs).
• Advising in relation to the disputed publication of a “high risk” credit reporting alert (unled, pre-litigation context, including persistent alleged misidentification of the subject entity (after notice), appropriate further investigations / non-litigious next steps, and potential claims).
• Street v State of Western Australia (Federal Court of Australia – Western Australia Registry, led by William A. D. Edwards S.C., Joshua Creamer, and Melia Benn, acting for the applicants in the “WA Stolen Wages” class action, including claims for / relating to statutory relief, taking of accounts, declaratory relief, complex trusts, fiduciary duties, equitable compensation, restitution, quantum meruit, and damages arising out of allegations of unlawful racial discrimination relating to work for no or inadequate wages).
• Advising a candidate for election to the board of a high profile elite sporting club constituted as a company limited by guarantee, including the company constitution as statutory contract and obtaining relief without the need for litigation to delay ballots being mailed to members (led by Matthew J Hooper).
• Shareholder oppression claims, including valuation and expert evidence issues (Supreme Courts of NSW and Victoria, unled).
• Advising on PPSR registration and enforcement of security issues (unled, including in liquidation and trust scenarios).
• IMO Sheep Station Pty Ltd v The Community Association of Lot 1 DP 270076 & IMO Pasadena 221 Pty Ltd v The Community Association of Lot 1 DP 270076 (Supreme Court of Victoria, unled, proceedings to set aside statutory demands).
• Westpac Banking Corporation v JRC Future Pty Ltd & Ors (Supreme Court of Victoria, led by Michael Pearce S.C., proceedings for declarations and to recover possession of land subject to a lease to a developer and a licence to a third party).
• Advising on some structural / legal aspects of large non-bank financier transactions, including documenting bills of exchange / bill facilities (led by Andrew R Kirby).
• CSA Specialised Services Pty Ltd v MRI PSO Pty Ltd (Supreme Court of Victoria, unled, breach of contract, debt, and quantum meruit claims arising out of environmental clean up works / EPA Notices).
• WA Skills Training Malaysia SDN BHD v Cooke (Supreme Court of Victoria, unled, application to enforce foreign judgment under common law principles, including application for stay of enforcement pending foreign appeal).
• Complex / high value recoveries (unled, pre-litigation contexts through to enforcement of judgment, including in the Expedited Cases List in the County Court of Victoria and a first-of-its-kind Magistrates’ Court Arbitration award for a major toll road entity).

Prior to coming to the Bar, John was Senior Associate to a Judge in the trial division of the Supreme Court of Victoria (Commercial Court) and Senior Associate at Dentons 大成 the world’s largest law firm.

John is the updating author of The Laws of Australia commentary subtitle “Company Reorganisation” (Thomson Reuters / Westlaw). He completed a Master of Laws degree at Melbourne Law School (first class honours average).

John is a Member of the Commercial Bar Association and the Tax Bar Association.

John sat on the Australian Bar Association’s Indigenous Issues Committee, sits on the Victorian Bar’s Indigenous Justice Committee and LGBTIQ Working Group, and he helped lead the team of private practice lawyers that set up and ran Australia’s first free trans and gender diverse legal clinic (with the Inner City Legal Centre).

John read with Dr Paul Vout KC and his senior mentor is Christopher Caleo KC.

Significant matters while a solicitor

Directors duties

Kirby v Centro Properties Ltd (No 6) [2012] FCA 650 (for the non-executive directors)

Safe Harbour advice (confidential Board clients, listed and unlisted entities)

Restructuring / Insolvency 

Re Aohai Pty Ltd [2017] VSC 414 (remuneration – for the liquidator)

Slater & Gordon (2017) restructure (for a major stakeholder)

Restructure of a piece of infrastructure (2017/2018) (confidential client)

Laura Ashley Australia (2018/2019) administration and liquidation (for the administrators/liquidators)

Timbercorp (2019/2020) liquidations (for the liquidators)

Alita Group receiverships and administrations (2019) (for the major offtaker)

Bardot (2019/2020) voluntary administration (for the major suppliers)

Costs

Beba Enterprises Pty Ltd v Gadens Lawyers [2013] VSCA 136 (costs – for the firm)

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.