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Luke
Stanistreet

SUMMARY

Luke has a broad commercial litigation practice, advising and appearing (both led and unled) in a wide range of commercial disputes. He has been recognised by his peers in Australia’s Best Lawyers for his expertise in Commercial Law.  Luke has significant experience in:

  • Class actions
  • Contract and Lease disputes
  • Insolvency & Bankruptcy
  • Corporations law
  • Trade practices and Australian Consumer Law disputes
  • Partnership, director, and shareholder disputes
  • Banking & Finance (Loans, mortgages, guarantees and Banking Code of Practice)
  • Building & Construction (Domestic, commercial and Security of Payment Act)
  • Property law
  • Employment disputes (misuse of confidential information and restraint of trade).

Luke has authored published articles and CPD papers on several topics including construction law, banking & finance law, expert evidence and civil procedure. 

Selected cases in which Luke has been briefed:

  • Morwell Pty Ltd v Coles Supermarkets Australia Pty Ltd (VSC, 2020, settled before trial): Acted for Coles in a lease dispute with one of its landlords;
  • Thurin v Krongold Constructions (Aust) Pty Ltd (with Michael Roberts QC) (VSC, ongoing): Acting for the owners in a complex domestic building dispute;
  • Aura Limited v Pre-Emptive Trading Pty Ltd (VSC, ongoing): Acting for the plaintiff in relation to a share subscription agreement dispute;
  • Maycon Constructions (Residential) Pty Ltd v Creative Property Developments Pty Ltd [2019] VCAT 519 (with Michael Roberts QC): Acted for the applicant in a successful discovery application where the respondent claimed litigation and legal advice privilege in respect of the documents sought;
  • BSA Ltd v Victorian Workcover Authority [2018] VSCA 265 (with Paul O’Grady QC): Acted for the applicant.  Appeal involved questions of statutory interpretation of the Workplace Injury Rehabilitation and Compensation Act;
  • Timbercorp Finance Pty Ltd (in liq) v FTM Nominees Pty Ltd & Ors (VSC, 2018, settled at trial) (with Graeme Clarke QC): Acted for the first and second defendants in one of the largest Timbercorp recovery proceedings.  Case involved questions as to the enforceability of 13 loans and guarantees;
  • Popescu v A & B Castle Pty Ltd [2016] VSC 175: Acted for the plaintiff in a successful caveat removal application where a contractor claimed a caveatable interest under a Romalpa clause;
  • Acted for a CBD law firm (2016, VSC) (with Paul O'Grady QC): Obtained orders by consent in an urgent injunction application in relation to alleged breaches of sections 182 and 183 of the Corporations Act and of an employment contract;
  • Phelan & Anor v Fensome (2016, VSC, settled before trial) (with Iain Jones QC): Acted for the plaintiffs in an accounting firm partnership dispute;
  • Matthews v SPI Electricity Pty Ltd & Ors (2014, VSC, settled following a 208 day trial) (with Jonathan Beach QC, Philip Solomon QC and Bernie Quinn QC): Acted for the first defendant in a complex class action arising from the 2009 'Black Saturday' Kilmore East-Kinglake bushfire.  Case involved allegations of negligence and breach of statutory duty;
  • Matthews v SPI Electricity Pty Ltd & Ors (No 12) [2014] VSC 131 (with Bernie Quinn QC): Successful application to set aside subpoenas relating to expert evidence; and
  • Brookfield Village Management Pty Ltd v Tortorella (2012, VSC, settled before hearing) (with Paul Santamaria QC): Acted for the defendant, successfully resisting an appeal from VCAT.  Case involved questions of statutory interpretation.

BACKGROUND

Before his call to the Bar, Luke was Associate to the Honourable Justice Judd in the Commercial Court of the Supreme Court of Victoria.  He completed his graduate year at Mallesons Stephen Jaques (now King & Wood Mallesons) and then practised as a solicitor in the firm's dispute resolution group.

Luke holds a Bachelor of Arts (History & Politics) from Monash University.  He completed his Juris Doctor at Bond University in two years, graduating with Honours.  Luke was awarded prizes for achieving the highest mark in three subjects and was placed on both the Dean's and Vice Chancellor's Lists for academic excellence.  He read with Hamish Austin (now QC).

    PUBLICATIONS

    • D Levin QC and L Stanistreet, 'Must a payment claim be made in good faith?' (2012) 28 BCL 388 Download article

    CPD PAPERS AND PRESENTATIONS

    • S Minahan, C Brown, and L Stanistreet 'Weaponising the Code: Guarantors Using the Banks' own Code of Practice Against Them', CPD seminar presented at Monash University Law Chambers, 1 September 2016
    • L Stanistreet and R Rozenberg, 'Peace and a Well-Built House Cannot be Bought Too Dearly: The Effective Management of Domestic Building Disputes', paper presented at Monash University Law Chambers, Melbourne, 10 August 2016 Download paper
      • A Robertson and L Stanistreet, 'A Practical Guide to Expert Evidence: Lessons Learned From the Kilmore East Bushfire Class Action', paper presented at Monash University Law Chambers, Melbourne, 28 May 2015 (revised 1 November 2017) Download paper
      • S Pitt, T Mullen, and L Stanistreet, 'Civil Procedure in 2014: A Practical Look at How Courts Have Applied the Civil Procedure Act 2010', paper presented at Monash University Law Chambers, Melbourne, 12 June 2014 Download paper

       

      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.

      Contact

      PH +61 3 +61 3 9225 6237
      Email [email protected]
      FAX +61 3 9225 6355

      Chambers: Room 1811
      Castan Chambers
      460 Lonsdale Street
      Melbourne 3000

      Practice Areas

      Appellate
      Civil Appeals
      Banking & Finance
      Commercial Lending
      Consumer Lending
      Guarantees
      Managed Investment Schemes
      Mistaken / Fraudulent Transactions
      Mortgages
      Bankruptcy Law & Insolvency Law
      Corporate Insolvency
      Building Law & Construction Law
      Residential Building Disputes
      Commercial Law
      Banking & Finance
      Bankruptcy Law & Insolvency Law
      Building Law & Construction Law
      Civil Procedure Law
      Class Actions
      Competition Law & Consumer Law
      Contractual Disputes
      Corporations Law & Securities Law
      Insurance Law & Professional Negligence Law
      Property & Probate
      Competition Law & Consumer Law
      Consumer Credit Disputes
      Consumer Protections
      Restraint of Trade
      Trade Practices
      Corporations Law & Securities Law
      Investments
      Managed Investment Schemes
      Partnership Disputes
      Shareholder Disputes
      Equity & Trusts
      Real Property
      Industrial Relations Law & Employment Law
      Employment Contracts
      Restraint of Trade
      Property & Probate
      Caveats
      Commercial Tenancies
      Leases
      Mortgage Law

      ADMISSIONS

      Admitted to the Legal Profession:
      20 Oct 2009
      Signed Victorian Bar Roll:
      03 May 2012

      Qualifications

      BA, JD (Hons)