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:   

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

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 7309

Chambers: Room 3111
Aickin Chambers
200 Queen Street
Melbourne 3000

Practice Areas

Alternative Dispute Resolution
Civil Appeals
Commercial Law
Property & Probate
Building Law & Construction Law
Banking & Finance
Bankruptcy Law & Insolvency Law
Competition Law & Consumer Law
Contractual Disputes
Corporations Law & Securities Law
Insurance Law & Professional Negligence Law
Energy Law & Resources Law
Equity & Trusts
Inquests, Inquiries, Tribunals & Commissions
Royal Commissions
Property & Probate
Land Valuations
Land Acquisition
Public Law & Administrative Law
Judicial Review
Industry Regulations
Health & Medical
Tax Law & Revenue Law


Admitted to the Legal Profession:
11 Dec 2007
Signed Victorian Bar Roll:
04 May 2017


BComm, LLB (Hons) (Melb)