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 (with David Collins QC) (VSC, ongoing): Acting 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;
• Buxton Constructions (Vic) Pty Ltd v Mark Bennett Plumbing & Gas Pty Ltd (VSC, ongoing) (with Michael Roberts QC): Currently acting for the defendant in a construction dispute (and acted for the defendant/claimant in a related Security of Payment Act adjudication);
• 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