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Nicolas
Dour

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. Justice 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 TEC 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.

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

 

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 QC)

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 QC)

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 QC).

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

Confidential shipping dispute (led by Queen’s Counsel)

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

 

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 detention days in prison; led by Michael D Wyles QC)

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 QC)

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

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

Confidential IBAAC 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 QC)

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 QC, 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 QC)

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

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

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

 

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 QC, with team of Counsel)

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

 

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 QC)

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.

Contact

PH +61 3 +61 3 9225 6308
Email [email protected]

Chambers: Room 2008
Aickin Chambers
200 Queen Street
Melbourne 3000

Practice Areas

Alternative Dispute Resolution
Arbitration
Mediation
Appellate
Banking & Finance
Commercial Lending
Consumer Lending
Documentary Credit
Duties and Disclosure Requirements
Financial Planners
Guarantees
Managed Investment Schemes
Mistaken / Fraudulent Transactions
Mortgages
Structured Finance
Commercial Law
Banking & Finance
Bankruptcy Law & Insolvency Law
Building Law & Construction Law
Class Actions
Competition Law & Consumer Law
Contractual Disputes
Corporations Law & Securities Law
Insurance Law & Professional Negligence Law
Intellectual Property & Trade Practices
Property & Probate
Common Law
Insurance Law
Equity & Trusts
Industrial Relations Law & Employment Law
Restraint of Trade
Inquests, Inquiries, Tribunals & Commissions
Royal Commissions
Insurance Law
Re-insurance
Property & Probate
Mortgage Law
Public Law & Administrative Law
Constitutional Law
Judicial Review
Tax Law & Revenue Law

ADMISSIONS

Admitted to the Legal Profession:
11 Dec 2012
Signed Victorian Bar Roll:
07 May 2020

Qualifications

BComm/LLB, BCL

Also Entitled to Practise in

All Australian States and Jurisdictions
Federal Court of Australia
High Court of Australia