Tom Barry

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

Tom Barry practises in commercial, regulatory and public law.

He acts regularly in high profile disputes arising from mergers and acquisitions, major infrastructure projects and complex financial transactions.

He is recognised for his business acumen and ability to apply the law to commercial and financial dealings.

Tom acted recently for:

• Cargill in an 8 day appeal, as senior junior to Steven Finch SC and Philip Solomon KC (judgment reserved), and in a 114 day Supreme Court trial for which his client was awarded judgment of more than $290m for misleading or deceptive conduct and deceit in the sale of a business;
• Fonterra Australia in a class action arising from the step down of the farm gate milk price; and
• The State of Victoria in Thorpe v Head, Transport for Victoria, successfully defending a challenge to a major transport project (the Sacred Trees case).

Prior to coming to the Bar, Tom was a Senior Lawyer at Gilbert + Tobin and a Senior Associate at Corrs Chambers Westgarth.

A selection of significant cases Tom has acted in include:

Class actions

• Iddles v Fonterra Australia Pty Ltd  S ECI 2020 0258, a substantial class action arising from a step down in the farm gate milk price (led by Robert Heath KC and Paul Liondas, with Lucy Dawson)

Commercial / Regulatory

• Viterra Malt Pty Ltd & Ors v Cargill Australia Ltd & Anor S EAPCI 2022 0039, an 8 day appeal (judgment reserved) raising issues of liability, quantum and interest, in respect of a judgment of more than $290m for misleading or deceptive conduct and deceit (led by Steven Finch SC and Philip Solomon KC, with Minh-Quan Nguyen and Laila Hamzi)
• DTZ Worldwide Limited v AIG Australia Limited Supreme Court of NSW Proceeding 2020/177998, concerning a significant warranty and indemnity insurance claim arising from the acquisition of a business
• Confidential expert determination, raising issues of contractual construction and complex expert accounting evidence (led by Justin Graham KC)
• Cargill Australia Ltd v Viterra Malt Pty Ltd & Ors( No 28) [2022] VSC 13; [2022] VSC 66; [2022] VSC 80 in which Tom’s client was awarded $168.9m in damages for misleading or deceptive conduct and deceit and interest of $124.2m (led by Paul Anastassiou QC and Lisa Nichols QC in respect of liability; and Philip Solomon QC and Dr Charles Parkinson in respect of quantum)
• Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2020] FCA 1277 concerning claims of legal professional privilege in a financial services dispute (led by Dr Charles Parkinson)
• Kim Neo Ng v Morgans Financial Limited Federal Court Proceeding VID 367/2020 concerning a financial services dispute
• Timbercorp Finance Pty Ltd (In Liq) v Tomes [2019] VSC 519 concerning the formation, performance by journal entries and ratification of loan agreements (led by Philip Solomon QC and Dr Charles Parkinson)

• Timbercorp Finance Pty Ltd v Tomes (privilege) [2019] VSC 445 concerning confidentiality and waiver of legal professional privilege (led by Dr Charles Parkinson)
• Oxanda Childcare Pty Ltd v MAAG Developments Pty Ltd  [2018] VSC 370 concerning the construction of a land sale and lease back agreement and associated applications for freezing orders (led by David Collins QC)
• United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2018] VSC 347 involving claims arising from an IPO that did not proceed (led by Allan Myers QC and Michael Wyles QC)

Public Law

• Mackenzie v Head, Transport for Victoria [2021] VSCA 100 concerning an appeal of a decision by Richards J dismissing challenges to a Minister’s assessment under the Environment Effects Act 1978 (Vic) and a planning scheme amendment authorising a major road project (led by Christopher Caleo QC)
• Mackenzie v Head, Transport for Victoria (Ruling) [2021] VSCA 24 concerning an application to adjourn the hearing of an appeal (led by Sandro Goubran SC)
• Thorpe v Head, Transport for Victoria & Ors [2020] VSC 804 concerning interlocutory injunctive relief to restrain a major road project (led by Richard Attiwill QC and Anna Robertson)
• Mackenzie v Head, Transport for Victoria [2020] VSC 328 concerning challenges to a Minister’s assessment under the Environment Effects Act 1978 (Vic) and a planning scheme amendment authorising a major road project (led by Christopher Caleo QC and Sandro Goubran)

Construction / Insurance

• CSR Building Products Limited v LMSD (Vic) Limited  S ECI 2020 00390 concerning breach of warranty claims arising from a significant construction contract (led by Liam Kelly QC)

Valuation / Compensation

• Head, Transport for Victoria v Lantrak Developments Pty Ltd [2021] VSC 259 concerning an application to join a party to a claim for compensation arising from the compulsory acquisition of land (led by Lisa Hannon QC)

• Provan’s Timber Pty Ltd & Ors v Secretary to the Department of Transport [2021] HCASL 24 concerning an application for special leave to appeal a decision of the Victorian Court of Appeal in relation to a claim for compensation for the compulsory acquisition of land (led by Sandro Goubran SC and Catherine Dermody)
• Commonwealth of Australia v Essendon Airport Pty Ltd [2019] FCA 1411 concerning the proper construction of a payment equivalent to land tax under a lease granted by the Commonwealth of Essendon Airport, having a significant consequence to the site value of the land subject to the payment (led by Chris Canavan QC and Sandro Goubran)

Other experience

Before coming to the Bar, Tom was the lead senior lawyer of teams in high profile matters including:

• for Bainbridge Grill’d in shareholder oppression proceedings in 2016 relating to Grill’d;
• for the State of Victoria to bring the East West Link project to an end in 2015;
• for Asahi in Federal Court proceedings involving claims of misleading or deceptive conduct and breach of warranties in a business sale which settled in 2014 for NZ$220m to Asahi; and
• for Mirvac Limited in the Trade Union Royal Commission in 2015 and, separately, in the Queensland Floods Commission of Inquiry in 2011 and 2012.

Tom is the Chair of an aged care facility for residents with a background in homelessness, and has sat on not for profit boards and sub-committees 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 has a Master of Laws from Melbourne University, specialising in tax and competition law subjects.

Tom read with Dr Catherine Button KC and his senior mentor was Charles Scerri 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.