Tom
Barry

Tom Barry practises in corporate, commercial and tax law, including competition, insolvency, regulatory and administrative law matters. 

Tom has particular experience in litigation arising from complex transactions, M&A, corporate disclosure, misleading or deceptive conduct, insurance (including warranty and indemnity insurance), breaches of directors’ duties, shareholder oppression and matters of contractual or legislative interpretation.  He is recognised for his ability to apply the law to situations involving accounting, economic, financial or valuation evidence.

Prior to coming to the Bar, Tom was a Senior Lawyer at Gilbert + Tobin and a Senior Associate at Corrs Chambers Westgarth working closely with Janet Whiting.  

Tom has 10 years experience as a solicitor and was the leader of teams in high profile matters including:

• for the Bainbridge shareholders in oppression proceedings in 2016 regarding Grill’d;
• for the State of Victoria to bring the East West Link project to an end in 2015; and
• for Asahi in Federal Court proceedings which settled in 2014 for NZ$220m to Asahi.

Tom has sat on not for profit boards and subcommittees since 2011. He lectured economics at the University of Melbourne in 2007 and 2008 and tutored law at Newman College and economics at five residential colleges as an undergraduate. 

Tom will complete his final subject of a Master of Laws at the University of Melbourne in 2017 having specialised in tax and competition law.

Tom read with Dr Catherine Button and his senior mentor is Charles Scerri QC.

Selection of recent matters

Since coming to the Bar, Tom has acted in matters including:

• Acting for Cargill in Cargill Australia Limited v Viterra Malt Pty Ltd & Ors in the Supreme Court of Victoria alleging misleading or deceptive conduct and breach of warranties in respect of the sale of a business; 
• Acting for United Petroleum in United Petroleum Australia Pty Ltd & Ors v Herbert Smith Freehills & Anor in the Supreme Court of Victoria alleging breaches of duties (led by A J Myers QC and Michael D Wyles QC);
• Acting for the Commonwealth in the Commonwealth v Essendon Airport Pty Ltd in the Federal Court in respect of a land tax equivalent regime and the terms of an Airport lease;
• Acting in a freezing order application and ongoing Supreme Court proceedings in Oxanda Childcare Pty Ltd v MAAG Developments Pty Ltd (led by David Collins QC);
• Acted for the former chairman of an ASX listed corporation in respect of a significant breach of directors’ duties and negligence claim by liquidators in the Federal Court;
• Appeared in the Supreme Court of Victoria in respect of suppression orders;
• Acted for the plaintiff in a significant commercial arbitration set down for three weeks arising from a major plant breakdown, including the effect of force majeure notices and the characterisation of direct, indirect and consequential loss (settled);
• Drafted pleadings and acted in a proceeding in the Supreme Court of Victoria seeking specific performance of a land sale contract;
• Appeared in the Supreme Court of Victoria to set aside a default judgment;
• Advised a major international publicly listed corporation in respect of the supply of goods. 

Matters in which Tom acted as the lead senior lawyer before coming to the Bar include:   

• Acted for the Bainbridge parties in Bainbridge Grill'd Pty Ltd v Simon Crowe; Federal Court Proceeding VID581/2016 (9 day trial in November 2016);
• Acted for Amcor in Amcor Flexibles Group Pty Ltd v AIG Australia Limited [2016] FCA 1428;
• Acted for Bapcor Group Limited in Aftermarket Network Australia Pty Ltd v Certain underwriters at Lloyd's subscribing to Policy No 6482/13(C)-13087 [2016] FCA 1402;
• Acted for the Commonwealth Department of Infrastructure and Regional Development in disputes arising from the terms of airport leases granted by the Commonwealth;
• Acted for Cargill in Cargill Australia Limited v Viterra Malt Pty Ltd; Supreme Court of Victoria S ECI 2014 000146;
• Acted for Mirvac Limited in the Trade Union Royal Commission in 2015;
• Acted for the Commonwealth Department of Health in Epworth Foundation v Megan Keaney; Federal Court Proceeding VID265/2015 (settled);
• Acted for the State of Victoria through the Department of Premier and Cabinet to bring the East West Link Project to an end in 2015;
• Acted for Asahi in Federal Court Proceeding VID87/2013, which settled for NZ$220m paid to Asahi in 2014, including in Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd [2013] FCA 998 and Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd (No 4) [2014] FCA 796;
• Acted for Mirvac Limited in the Queensland Floods Commission of Inquiry in 2011 and 2012;
• Acted for Mirvac in Dunworth v Mirvac Qld Pty Ltd [2011] QCA 200 and in Mirvac Queensland Pty Limited v Dunworth [2012] HCATrans 23 (10 February 2012).
• Acted for and advised various publicly listed corporations, government and private clients in further disputes, including for the interests of Spotless, Wesfarmers, Rio Tinto, the Commonwealth Department of Health, Orica and Orora.

Tom has also acted as a solicitor on large commercial transactions and M&A both at the front end and in subsequent disputes, including:

• Acted for Fosters’ Group Limited to effect the demerger of Treasury Wine Estates Ltd by scheme of arrangement in Re Foster's Group Limited [2011] VSC 93;
• Acted for Plantic to effect a takeover of that company by scheme of arrangement in Re Plantic Technologies [2010] VSC 484 and Re Plantic Technologies Ltd (No 2) [2010] VSC 554; and
• Acted for KordaMentha in respect of the sale of the Timbercorp forestry assets and subsequent disputes.