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, banking and finance, and more recently – defamation.

John is also happy to accept briefs in quasi-public matters involving civil litigation or commercial / equitable issues and has acted in such matters for EastLink (toll road entity), State Trustees the Public Trustee for Victoria, and the Commissioner of Taxation / ATO. He is on the Barrister Panel for the Environment Protection Authority Victoria.

John is regularly briefed in appearance, trial, and advice work and to draw and settle pleadings and applications (see representative matters below and under “Cases”).

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).

• 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).
• IMO Coral Coast Distributors (Cairns) Pty Ltd (Administrative Appeals Tribunal – Adelaide/Brisbane/Melbourne Registries, led by Richard Knowles KC, briefed for ASIC in relation to the review of a first-of-its-kind s 994J permanent stop order issued under the financial product design and distribution obligations (Part 7.8A), including alleged credit facility with non-compliant target market determination, and stay application).
• Acting for the lead Multiplex respondents 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):

• Briefed for the Multiplex respondents on the Liquidator’s application before the Full Court for leave to appeal from certain orders – leave refused, appeal dismissed (led by Philip Crutchfield KC and Fiona Cameron, including application for costs following service of an offer of compromise).

• 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 to mediation stage then led by Matthew N C Harvey KC, unfair preference claim arising out of the Ishka retail collapse).
• IMO Smiles Inclusive Ltd (subject to a DOCA) & Totally Smiles Pty Ltd (in liq) (Federal Court of Australia, unled, briefed for a former CFO in a novel ASIC approved mandatory public examination (s 596A) by shareholders arising out of the collapse of an ASX listed dentistry group).
• IMO Emerging Energy Solutions Group Pty Ltd (Supreme Court of Victoria, unled, confined urgent brief for BP Energy Asia Pte Limited, application under s 459F(2) to extend the time for compliance with a statutory demand, including orders dismissing a set aside application pending appeal).
• 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).
• 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 with Hannah Ryan, acting for the media respondents Channel Nine, Fairfax / Sydney Morning Herald, The Age, and individual journalists in pre-trial aspects of an expedited defamation claim arising out of media reports on certain osseointegration surgeries, including claims for special and aggravated damages).
• Smith v Barnett (Federal Court of Australia – NSW Registry, unled, defamation claim in relation to alleged posts on social media in the context of advocacy in relation to trans and gender diverse young people).
• 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 arising out of allegations of work for no or inadequate wages – urgent and intensive travel brief conferencing group member witnesses across Western Australia in preparation for preservation of evidence hearings).
• Hall v Arnold Bloch Leibler (a firm) (Federal Court of Australia, unled, shareholder class action – confidentiality and privilege aspects).
• 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).
• 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).
• 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).
• 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 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) and he teaches Equity and Trusts in the Melbourne Law School JD Program.

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, and on the Victorian Bar’s Indigenous Justice Committee, and he sits on the Victorian Bar’s LGBTIQ Working Group. Prior to coming to the Bar, John 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.

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.