Scott Morris

• Arbitrators & Mediators
• Commercial Law
• Competition
• Equity
• Inquests & Inquiries
• Insurance & Reinsurance
• Professional Negligence
• Public Law
• Taxation

Scott practices in commercial litigation.

Scott acts for private clients and government/statutory bodies. Some of his clients include liquidators and trustees in bankruptcy; motor vehicle manufacturers and the Victorian Commissioner of Legal Services.

Scott was a Solicitor in private practice from 1999 until 2005.

From 2005 until 2011 Scott was engaged by the Australian Competition and Consumer Commission in its Enforcement & Compliance Division (Victoria). In 2007 he was appointed an Assistant Director of the Victorian Division and led a team investigating and enforcing breaches of the competition and consumer protection provisions of the then Trade Practice Act 1974 (including the ACCC’s unconscionable conduct case against Advanced Medical Institute).

From 2011 until 2013, Scott was a Senior Lawyer in the Legal Services Branch at the Australian Taxation Office conducting litigation in the areas of tax disputes; director penalties; remission of penalties; corporate and personal insolvency; statutory demands and unfair preference claims.

Scott has been a nationally accredited mediator since June 2013 and is regularly engaged to mediate disputes.

Some of Scott’s cases that have proceeded to judgment include:

Corporate Disputes/Oppression

• Millar v  Ropeload Pty Ltd  [2020] FCA 725 (led by N Magee QC) – application for cancellation of shares – representations as to future matters – allegations of oppression.

Bankruptcy and Insolvency

• Turner as Trustee of the bankrupt estate of Wallace v Wallace [2017] FCCA 3044 (led by J Twigg QC) – creditors’ remedies – transactions to defeat potential creditors – void transactions – resulting and constructive trusts – equitable interest between husband and wife – section 120 and 121 of the Bankruptcy Act 1966.
• Woods & Lombe as trustees of the bankrupt estate of Ulusoylu v Ulusoylu [2017] 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 [2016] FCCA 963 (led by J 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 [2015] VSC 164 – statutory demand withdrawn prior to application – costs.
• Brancatisano v Brancatisano [2014] FCA 1424 – application to set aside bankruptcy notice.

Disciplinary Proceedings

• Victorian Legal Services Commissioner v  Mericka  (Legal Practice) [2019] VCAT 103 – appropriate order based on finding against practitioner.
• Victorian Legal Services Commissioner v Mericka (Legal Practice) [2018] VCAT 1648 – disparaging comments – disciplinary charges – unsatisfactory professional conduct.
• Victorian Legal Services Commissioner v Mericka (Legal Practice) [2018] VCAT 493 – disparaging comments – disciplinary charges – application for summary dismissal.
• Victorian Legal Services Commissioner v BW (Legal Practice) [2016] VCAT 1835 – failure to notify client of Calderbank offer – providing misleading information to the VLSC – professional misconduct.

Application to Restrain a Legal Practitioner from Acting

• Islamic Society of Victoria v Ozyurek & Ors (No 1) [2019] VSC 662 (led by N Magee, QC).

Banking and Finance

• Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd [2017] 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 [2017] VSCA 161 – loan agreement – construction of contract – penalties – set off.
• Gippsreal Ltd v Melbourne Linh Son Buddhist Society Inc [2016] 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 [2017] VSC 149 – interlocutory injunction – lease to company – company in liquidation – licence agreement.
• Ellijoy Investments Pty Ltd v Hart Brothers Pty Ltd (Retail Tenancies) [2014] VCAT 321 – costs – vexatious proceedings.

Competition and Consumer Advice

• Scott provides advice to clients in respect of competition and consumer issues; responses to ACCC investigations and notices.

Tax Related Matters

• Hope v Commissioner of Taxation [2014] AATA 877 – excess (superannuation) contributions tax – reallocation of contributions to another tax year.
• Scott provides advice, prepares objections and appears for clients in their dealings with the ATO and SRO and related proceedings.

Scott is regularly asked to speak on the topic of ethics and on aspects of insolvency.

In 2021 Scott received the Susan Crennan AC QC award for outstanding achievement in pro bono advocacy undertaken by barristers who are between seven and 15 years call but are not Silks.  He is also a Board member of Ballarat Men’s Mental Health.

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.