Nicolas Dour

• Class Actions
• Commercial Law
• Competition
• Employment & Industrial
• Equity
• Inquests & Inquiries
• Insurance & Reinsurance
• Intellectual Property
• Professional Negligence
• Public Law
• Taxation

Nicolas maintains a broad practice in commercial and public law, primarily in the fields of general commercial, competition and consumer law, insurance, equity and trusts, insolvency, corporations and securities, banking & finance, class actions, regulatory investigations, building & construction, taxation and administrative and constitutional law.

Before being called to the Bar, Nicolas was an associate to the Hon. Geoffrey Nettle AC of the High Court of Australia. He developed broad commercial and public law experience in Melbourne and London as a solicitor for over six years at Clayton Utz in Melbourne, at Herbert Smith Freehills LLP in London, and at the Australian Competition and Consumer Commission (ACCC).

Nicolas is a committee member of Melbourne Technology, Engineering and Construction Chambers (MTECC) and hosts a discussion group for the Tax Bar Association. His work in constitutional law has been cited in leading texts and by the High Court of Australia.

Nicolas holds degrees in commerce and law from Monash University. He also read for the Bachelor of Civil Law at the University of Oxford. During his studies Nicolas received several academic awards, including the Sir Rupert Cross prize in evidence at Oxford.

In late 2022, Nicolas was appointed an author of Civil Procedure Victoria published by LexisNexis. He is also a reporter for the Victorian Reports .

Nicolas read with Alistair Pound SC. His senior mentor is Peter Hanks KC.

Matters in which Nicolas is or has been briefed include:

Commercial law and class actions

Bopping v Monash IVF  S ECI 2020 04761 (representing defendant in class action relating to IVF treatment; led by Pat Zappia KC and Jonathan Kirkwood SC)

Canaan Holdings Pty Ltd v Merricks Capital Investments Ltd  S ECI 2020 04287 (representing claimant in claims for damages for breaches of mortgagee duties; led by Don Farrands KC)

Yellow Maple Pty Ltd v Peninsula International Group Pty Ltd  CI-21-00109 (representing defendant in property, caveat and loan finance dispute; led by Andrew Downie of Counsel)

Sayers Property Holdings Pty Ltd v AIG Australia Ltd  S ECI 2021 00081 (representing claimant in insurance dispute; led by Dean Guidolin of Counsel)

Jennings v Cheshire  A10/2021 (representing applicant in special leave application to High Court regarding questions of property law and standard form contracts for the sale of land; led by Pat Zappia KC)

Confidential high-value damages dispute involving large Australian banking institutions (led by King’s Counsel)

Confidential shipping dispute (led by King’s Counsel)

Zhou v Telmo Languiller  CI-21-03407 (representing claimant in misleading and deceptive conduct case against former Parliamentarian Telmo Languiller; unled)

Joshua Frydenberg v Michael Staindl  VID281/22 (representing the defendant in resisting a creditor’s petition and sequestration order under the Bankruptcy Act 1966 (Cth) based on public law considerations vis-a-vis a former treasurer of Australia and member of Parliament; unled)

Care A2+ v GI 305 Pty Ltd (mandatory injunction for removal of alleged invalid appointment of receiver inhibiting $50 million equity funding agreement; led by Pat Zappia KC)

Constitutional and public law

Dudley v Secretary to Department of Justice and Community Safety  S ECI 2020 03895 (representing applicant in public law challenges to calculation of emergency management days in prison; led by Michael D Wyles KC)

Ishiyama & Ors v Aitken & Ors  BS367/22 (representing applicants challenging COVID-19 mandatory vaccination laws on behalf of employees of education institutions; led by Pat Zappia KC)

Hunt & Ors v Gerrard & Ors  B966/22 (representing applicants challenging COVID-19 mandatory vaccination laws on behalf of various small businesses; led by Pat Zappia KC)

Providing constitutional advice to leading Australian University (led by King’s Counsel)

Confidential IBAC Proceedings (led by leading junior counsel)

YKSB v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor  VID313 2020 (representing applicant before Full Court of Federal Court regarding cancellation of visa; led by Angel Aleksov of Counsel)

Seeman v Chief Executive Medicare  VID210/2020 & 693/220 (representing applicant challenging medicare assessment refund determination by Chief Executive Medicare; led by Pat Zappia KC)

Various migration matters (unled)

Competition and consumer law

ACCC v IVF Finance Pty Ltd  VID587/2021 (representing ACCC seeking to prevent completion of a merger and acquisition; led by Peter Collinson KC, with Caryn Van Procter, Christopher Tran and Sahrah Hogan of Counsel)

Construction law

MCCA Asset Management Ltd v Patel & Patel Developments Pty Ltd & Ors  CI-21-00299 (representing claimant in misrepresentation and breach of management duties; led by Peter Cawthorn KC)

Forestfield Corporation Pty Ltd v St. Nicholas Place Association M10489030 (representing defendant in case involving various construction issues, led in part by David Collins KC)

Arbitrator’s associate to a leading arbitrator in a largescale construction arbitration

Largescale construction arbitration (led by Senior Counsel and leading junior counsel)

Various construction matters, including under the Domestic Building Contracts Act 1995 (Vic)

Industrial relations and employment law

Victoria International Container Terminal Limited v CFMMEU  S CI 2017 04871 (issues relating to industrial relations and damages; led by Stuart Wood AM KC and Robyn W Sweet KC, with team of Counsel)

Private dispute between large Australian corporations relating to restraint of trade clauses (led by King’s Counsel)

Wells Fargo International Finance (Australia) Pty Ltd v Sharma VID341/2023 (acting for employee in resisting urgent injunction brought by commercial banking institution seeking to enforce restraint of trade clause, unled)

Taxation law

Mussalli & Ors v Commissioner of Taxation of the Commonwealth  S84/2021 (representing applicants in special leave application to High Court regarding deductions on capital or revenue account; led by Daniel McInerney KC)

Assisted in hosting Cross-border Taxation Treaties and Domestic Law seminar chaired by Lord Hodge of the Supreme Court of the United Kingdom and presented by leading Australian taxation Counsel together with Counsel from leading London-based taxation chambers (held on 29 July 2021)

 

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.