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Scott
Morris

Scott practices in commercial litigation and has worked almost exclusively in this area since joining the Bar.  

Scott acts for private clients, regulatory bodies and revenue agencies. He practices predominantly in the areas of insolvency (both corporate and personal); banking; corporate disputes (oppression proceedings); disciplinary proceedings; revenue disputes; and, disputes with the ACCC. 

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 the Victorian Division in 2007. From 2011 until he came to the Bar in 2013, Scott was a Senior Lawyer at the Australian Taxation Office.  

Scott has been a nationally accredited mediator since June 2013 and is regularly engaged to mediate disputes.

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 [2017] FCCA 3044 (led by J 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 [2017] 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 [2016] FCCA 963 (led by J 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  • Polytrade Pty Ltd v Glass Recovery Services Pty Ltd [2015] VSC 164 – statutory demand withdrawn prior to application – costs.
  • Brancatisano v Brancatisano [2014] FCA 1424 – application to set aside bankruptcy notice.

Disciplinary Proceedings 

  • Victorian Legal Services Commissioner v  Mericka  (Legal Practice) [2019] VCAT 103 - appropriate order based on finding against practitioner.
  • Victorian Legal Services Commissioner v Mericka (Legal Practice) [2018] VCAT 1648 - disparaging comments - disciplinary charges - unsatisfactory professional conduct.
  • Victorian Legal Services Commissioner v Mericka (Legal Practice) [2018] VCAT 493 - disparaging comments - disciplinary charges - application for summary dismissal.
  • Victorian Legal Services Commissioner v Waters (Legal Practice) [2016] VCAT 1835 - failure to notify client of Calderbank offer - providing misleading information to the VLSC - professional misconduct.

Banking and Finance

  • Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd [2017] 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 [2017] VSCA 161 - loan agreement - construction of contract - penalties - set off.
  • Gippsreal Ltd v Melbourne Linh Son Buddhist Society Inc [2016] 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 [2017] VSC 149 - interlocutory injunction - lease to company - company in liquidation - licence agreement.
  • Ellijoy Investments Pty Ltd v Hart Brothers Pty Ltd (Retail Tenancies) [2014] VCAT 321 – costs – vexatious proceedings.

Competition and Consumer Advice

  • Scott provides advice to clients in respect of competition and consumer issues; responses to ACCC investigations and notices.

Tax Related Matters

  • Hope v Commissioner of Taxation [2014] AATA 877 – excess (superannuation) contributions tax – reallocation of contributions to another tax year.
  • Scott provides advice, prepares objections and appears for clients in their dealings with the ATO and SRO and related proceedings.

 

 

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 6398
Email scottmorris@vicbar.com.au

Chambers: Room 0415
Owen Dixon Chambers East
205 William Street
Melbourne 3000

Practice Areas

Alternative Dispute Resolution
Mediation
Commercial Law
Contractual Disputes
Property & Probate
Insurance Law & Professional Negligence Law
Corporations Law & Securities Law
Competition Law & Consumer Law
Bankruptcy Law & Insolvency Law
Banking & Finance
Equity & Trusts
Real Property
Family Provision
Wills & Probate
Inquests, Inquiries, Tribunals & Commissions
Disciplinary Tribunals
Public Law & Administrative Law
Disciplinary Proceedings
Information Privacy
Judicial Review
Merits Review
Tax Law & Revenue Law
Income Tax
Payroll Tax
Stamp Duty
Goods & Services Tax
Tax Prosecutions

ADMISSIONS

Admitted to the Legal Profession:
04 Nov 1998
Signed Victorian Bar Roll:
24 Oct 2013

Qualifications

BLS, LLB