Tom
Barry

Tom Barry practises in commercial, regulatory, administrative and tax law. 

Tom has particular experience in litigation involving complex transactions, misleading or deceptive conduct, managed investment schemes, insurance, directors’ duties, shareholder oppression, contractual or legislative interpretation, land tax or privilege claims.  He is recognised for his ability to apply the law in disputes involving the running or sale of businesses or issues of accounting, finance, economics or valuation.

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

Recent experience

Recent matters Tom has acted in include:

• Timbercorp Finance Pty Ltd (In Liq) v Tomes [2019] VSC 519 concerning the formation, performance by journal entries and ratification of loan agreements (led by Philip Solomon QC and Dr Charles Parkinson) 
• Commonwealth of Australia v Essendon Airport Pty Ltd [2019] FCA 1411 concerning the proper construction of a payment equivalent to land tax under a lease granted by the Commonwealth of Essendon Airport, having a significant consequence to the site value of the land subject to the payment (led by Chris Canavan QC and Sandro Goubran) 
• Cargill Australia Limited v Viterra Malt Pty Ltd & Ors (judgment reserved), a 111 day trial in the Supreme Court of Victoria involving allegations of misleading or deceptive conduct and breach of warranties in the sale of a business (led by Paul Anastassiou QC and Lisa Nichols QC in respect of liability; and Philip Solomon QC and Dr Charles Parkinson in respect of loss);
• Timbercorp Finance Pty Ltd v Tomes (privilege) [2019] VSC 445 concerning confidentiality and waiver of legal professional privilege (led by Dr Charles Parkinson)
• Oxanda Childcare Pty Ltd v MAAG Developments Pty Ltd  [2018] VSC 370 concerning the construction of a land sale and lease back agreement and associated applications for freezing orders (led by David Collins QC)
• United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2018] VSC 347 involving claims arising from an IPO that did not proceed (led by Allan Myers QC and Michael Wyles QC)

Other experience

Before coming to the Bar, Tom was the lead senior lawyer of teams in high profile matters including:

• for Bainbridge Grill'd in shareholder oppression proceedings in 2016 relating to Grill'd;
• for the State of Victoria to bring the East West Link project to an end in 2015; 
• for Asahi in Federal Court proceedings involving claims of misleading or deceptive conduct and breach of warranties in a business sale which settled in 2014 for NZ$220m to Asahi; and
• for Mirvac Limited in the Trade Union Royal Commission in 2015 and, separately, in the Queensland Floods Commission of Inquiry in 2011 and 2012.  

Tom also acted as a solicitor in:

• Amcor Flexibles Group Pty Ltd v AIG Australia Limited [2016] FCA 1428;
• Aftermarket Network Australia Pty Ltd v Certain underwriters at Lloyd's subscribing to Policy No 6482/13(C)-13087 [2016] FCA 1402;
• Epworth Foundation v Megan Keaney (for the Commonwealth Department of Health); Federal Court Proceeding VID265/2015 (settled);
• Dunworth v Mirvac Qld Pty Ltd [2011] QCA 200 and Mirvac Queensland Pty Limited v Dunworth [2012] HCATrans 23 (10 February 2012);
• Re Foster's Group Limited [2011] VSC 93;
• Re Plantic Technologies [2010] VSC 484 and Re Plantic Technologies Ltd (No 2) [2010] VSC 554.

Tom has sat on not for profit boards and sub-committees 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 has a Master of Laws from Melbourne University, specialising in tax and competition law subjects.

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