Scott practices in commercial litigation and has worked almost exclusively in this area since joining the Bar. He acts predominantly for private clients and regulatory bodies.
Scott has been a nationally accredited mediator since June 2013 and is regularly engaged to mediate disputes.
From 1999 to 2005 Scott practiced as a solicitor in private practice (including a major law firm). From 2005 until 2011 Scott was engaged by the Australian Competition and Consumer Commission in its Enforcement & Compliance Division (Victoria). He was appointed as an Assistant Director of that Division in 2007. From 2011 to 2013 Scott was a Senior Lawyer at the Australian Taxation Office.
Some of Scott's cases that have proceeded to judgment include:
Bankruptcy and Insolvency
- Turner as Trustee of the bankrupt estate of Wallace v Wallace  FCCA 3044 (led by Jeremy 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  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  FCCA 963 (led by Jeremy 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- Polytrade Pty Ltd v Glass Recovery Services Pty Ltd  VSC 164 – statutory demand withdrawn prior to application – costs.
- Brancatisano v Brancatisano  FCA 1424 – application to set aside bankruptcy notice.
Tax Related Matters
- Hope v Commissioner of Taxation  AATA 877 – excess (superannuation) contributions tax – reallocation of contributions to another tax year.
- Scott provides advice and appears for clients in their dealings with the ATO and related proceedings.
Banking and Finance
- Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd  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  VSCA 161 - loan agreement - construction of contract - penalties - set off.
- Gippsreal Ltd v Melbourne Linh Son Buddhist Society Inc  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  VSC 149 - interlocutory injunction - lease to company - company in liquidation - licence agreement.
- Ellijoy Investments Pty Ltd v Hart Brothers Pty Ltd (Retail Tenancies)  VCAT 321 – costs – vexatious proceedings.
- Victorian Legal Services Commissioner v Waters (Legal Practice)  VCAT 1835 - failure to notify client of Calderbank offer - providing misleading information to the VLSC - professional misconduct.
- Victorian Legal Services Commissioner v Mericka (Legal Practice)  VCAT 493 - disparaging comments - disciplinary charges - application for summary dismissal.
- Victorian Legal Services Commissioner v Mericka (Legal Practice)  VCAT 1648 - disparaging comments - disciplinary charges - unsatisfactory professional conduct.
- Victorian Legal Services Commissioner v Mericka (Legal Practice)  VCAT 103 - appropriate order based on finding against practitioner.
Competition and Consumer Advice
- Scott provides advice to clients in respect of competition and consumer issues; responses to ACCC investigations and notices.
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.
PH +61 3 +61 3 9225 6398
Chambers: Room 0415
Owen Dixon Chambers East
205 William Street
Alternative Dispute Resolution
Banking & Finance
Bankruptcy Law & Insolvency Law
Competition Law & Consumer Law
Corporations Law & Securities Law
Insurance Law & Professional Negligence Law
Property & Probate
Equity & Trusts
Wills & Probate
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law
Tax Law & Revenue Law
Goods & Services Tax
Admitted to the Legal Profession:
04 Nov 1998
Signed Victorian Bar Roll:
24 Oct 2013