Samuel Burt


Barrister

Admitted:
11 Dec 2013
Bar:
26 Oct 2017
Location:
Room 0330, Dawson Chambers,
405 Little Bourke Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Samuel practises principally in commercial law, equity and trusts, administrative law, and common law. He appears (both led and unled) in the Supreme Court of Victoria, the Federal Court of Australia, and the County Court of Victoria in a wide variety of matters.

Samuel is commercial, practical, results-orientated and efficient. Before being called to the Bar, he was a Senior Associate to the Hon. Justice Judd and the Hon. Justice Digby at the Supreme Court of Victoria. In that role, he gained an intimate knowledge of the conduct of proceedings in superior courts and invaluable experience in litigation strategy, practice and procedure, and problem solving generally.  

He graduated with a Bachelor of Laws (LLB) from the University of Melbourne.

A selection of some of Samuel's cases include: 

Commercial

  • Candace Dawn Georgia McLaren v Artcam Enterprises Pty Ltd and Campbell Robert Farquharson McLaren S ECI 2022 05245 (Led by Jack Rush KC).
  • Artcam Enterprises Pty Ltd v Campbell McLaren and Ors S ECI 2023 00612 (Led by Jack Rush KC). 
    • Trust Dispute arising from sale of family diary business.
  • Alan Leslie Adams v Pradhan, Gautam & Westmore Aged Care Services 23-05273 County Court (unled).
  • D & M Millar Pty Ltd v Mathew Henry Scutcheon (County Court)(unled).
  • Haibo Chu v Impex Lawyers & Advisers Pty Ltd S ECI 2022 02346 (Victoria Supreme Court) (Led by Cam Truong KC). 
  • Urban Moto Imports Pty Ltd v KTM AG & Others S ECI 2020 01602 (Victoria Supreme Court) (led by Michael Galvin KC).
    • Dispute between a Spanish motorcycle manufacturer and Australian distributor. 
  • Tae Han Food Import Pty Ltd v Tae Han Food Import & Export Pty Ltd S ECI 2020 02661 (Victoria Supreme Court) (led by Dr Paul Vout KC).  
    • Sale of a business dispute between vendor and purchaser of an international food import business. 
  • Mount Wills Gold Mines Pty Ltd v Honourable Minister for Resources S ECI 2021 00077 (Victoria Supreme Court) (unled).
    • Proceeding involving two mining entities and the Department in respect to processes surrounding tendering for mining licences and competing applications.
  • Sigma Company Limited v Central Healthcare Services CI-20-00411 (County Court) (unled).

Common Law

  • Katrina Elize Chokljat (VWA) -v- Ideal Catering Services Pty Ltd (unled).
    • Representing a restaurant on the Mornington Peninsula in an enforcement proceeding brought by the VWA. Resolved with plea. 
  • Allan Herbert (a pseudonym) v Trustees of the Christian Brothers (Supreme Court of Victoria)(led by John Gordon). 
  • Jamie Hart v Malka Leifer & Adass Israel School (led by Stephen McCredie).
  • Christina Tsikos v Austin Health S ECI 2021 00157 (Victoria Supreme Court) (led by Lisa De Ferrari KC).
    • Direct discrimination case brought by an individual against the Austin Hospital on the basis of sex and age. 
  • Austin Health v Christina Tsikos S APCI 2022 (Court of Appeal) (led by Lisa De Ferrari KC). 
  • Julian Gibbs v Geelong Grammar School S ECI 2021 00671 (Victoria Supreme Court) (led by Dr Gideon Boas). 
    • Historic abuse case by an individual against his former school.
  • Wajira Danthanarayana v Karen Fogarty & anor S ECI 2020 00828 (Victoria Supreme Court); Wajira Danthanarayana v Karen Fogarty & anor No SC 190 of 2021 (ACT Supreme Court) (led by Cam Truong KC).
    • Proceeding by an individual in negligence against his previous solicitors. 
  • Joseph Haynes (a pseudonym) v Julian Fox & Salesian Society Inc S ECI 2020 02236 (Victoria Supreme Court) (led by Stephen McCredie). 
    • A matter involving allegations of historic sexual abuse by an individual against a religious institution. 
  • Cameron Chevalier v Association for Christian Education of Dandenong S ECI 2019 02261 (Victoria Supreme Court) (led by Dr Gideon Boas). 
    • Proceeding involving allegations of bullying and abuse by students at a school against an individual and the liability of the school. 
  • Menahem Waks v Cyprys & Ors SCI 2013 01744 (Victoria Supreme Court) (unled).
    • Damages hearing in respect to historic sexual abuse by an individual employed by an institution. 
  • Amir Mohammed Mumin v DNA Empire Pty Ltd CI-20-04053 (County Court). 
    • Allegations of systemic bullying by an employee against an employer. 
  • EEU20 v Meat Industry Employees’ Superannuation Fund Pty Ltd (Federal Court) (unled).
    • An appeal from a decision of the Superannuation Complaints Tribunal relating to a death benefit. 
  • David Witenden v Sandy Mining Pty Ltd and Douglass Wakely Cahill (led by Garrie Moloney). 
    • Proceeding brought by the department under the Mineral Resources (Sustainable Development) Act 1990.

Employment and Industrial

  • Wall v Kingbuilt Homes Pty Ltd & Anor FCCA 2019-2355.
    • Industrial law claim for underpayments of notice and redundancy payment. 
  • Annetta Wilson v Glenmac Sales & Services Pty Ltd [2018] VCC 1801 (County Court) (led by Danny Masel S.C).
    • Accident compensation case under Accident Compensation Act 1985. 
  • Xu Chu Liu v Brillico Pty Ltd T/A Ugg Direct [2018] FWC 4797 (unled).

Planning and Environment 

  • Kym Earl v Mount Alexander Shire Council & Ors (Contractors Depot Permit Case).
  • Roxton Commerical Builders Pty Ltd (ACN 616 908 073) v Immix Property Group Pty Ltd (ACN 616 273 262) Cl-22-04373 (County Court of Victoria) (unled). 
  • Studio Homes Victoria Pty Ltd v Brimbank City Council P1120/2022 (led by Peter O'Farrell SC). 
  • St John of God Health Care v Melton City Council P1009/2020 & P1004/2020 (led by Peter O’Farrell SC). 
    • Case focused on gaining planning approval for modern NDIS housing. 
  • BCA Asset Management Group Pty Ltd v Sand Solutions Pty Ltd P1485/2019

AREAS OF PRACTICE

Alternative Dispute Resolution (ADR)
Appellate
Commercial Law
Common Law
Defamation
Energy Law & Resources Law
Environmental Law & Planning Law
Equity & Trusts
Government
Industrial Relations Law & Employment Law
Inquests, Inquiries, Tribunals & Commissions
International Law
Public Law & Administrative Law
Technology Law & Media Law

Profile1

Samuel practises principally in commercial law, equity and trusts, administrative law, and common law. He appears (both led and unled) in the Supreme Court of Victoria, the Federal Court of Australia, and the County Court of Victoria in a wide variety of matters.

Samuel is commercial, practical, results-orientated and efficient. Before being called to the Bar, he was a Senior Associate to the Hon. Justice Judd and the Hon. Justice Digby at the Supreme Court of Victoria. In that role, he gained an intimate knowledge of the conduct of proceedings in superior courts and invaluable experience in litigation strategy, practice and procedure, and problem solving generally.  

He graduated with a Bachelor of Laws (LLB) from the University of Melbourne.

A selection of some of Samuel's cases include: 

Commercial

  • Candace Dawn Georgia McLaren v Artcam Enterprises Pty Ltd and Campbell Robert Farquharson McLaren S ECI 2022 05245 (Led by Jack Rush KC).
  • Artcam Enterprises Pty Ltd v Campbell McLaren and Ors S ECI 2023 00612 (Led by Jack Rush KC). 
    • Trust Dispute arising from sale of family diary business.
  • Alan Leslie Adams v Pradhan, Gautam & Westmore Aged Care Services 23-05273 County Court (unled).
  • D & M Millar Pty Ltd v Mathew Henry Scutcheon (County Court)(unled).
  • Haibo Chu v Impex Lawyers & Advisers Pty Ltd S ECI 2022 02346 (Victoria Supreme Court) (Led by Cam Truong KC). 
  • Urban Moto Imports Pty Ltd v KTM AG & Others S ECI 2020 01602 (Victoria Supreme Court) (led by Michael Galvin KC).
    • Dispute between a Spanish motorcycle manufacturer and Australian distributor. 
  • Tae Han Food Import Pty Ltd v Tae Han Food Import & Export Pty Ltd S ECI 2020 02661 (Victoria Supreme Court) (led by Dr Paul Vout KC).  
    • Sale of a business dispute between vendor and purchaser of an international food import business. 
  • Mount Wills Gold Mines Pty Ltd v Honourable Minister for Resources S ECI 2021 00077 (Victoria Supreme Court) (unled).
    • Proceeding involving two mining entities and the Department in respect to processes surrounding tendering for mining licences and competing applications.
  • Sigma Company Limited v Central Healthcare Services CI-20-00411 (County Court) (unled).

Common Law

  • Katrina Elize Chokljat (VWA) -v- Ideal Catering Services Pty Ltd (unled).
    • Representing a restaurant on the Mornington Peninsula in an enforcement proceeding brought by the VWA. Resolved with plea. 
  • Allan Herbert (a pseudonym) v Trustees of the Christian Brothers (Supreme Court of Victoria)(led by John Gordon). 
  • Jamie Hart v Malka Leifer & Adass Israel School (led by Stephen McCredie).
  • Christina Tsikos v Austin Health S ECI 2021 00157 (Victoria Supreme Court) (led by Lisa De Ferrari KC).
    • Direct discrimination case brought by an individual against the Austin Hospital on the basis of sex and age. 
  • Austin Health v Christina Tsikos S APCI 2022 (Court of Appeal) (led by Lisa De Ferrari KC). 
  • Julian Gibbs v Geelong Grammar School S ECI 2021 00671 (Victoria Supreme Court) (led by Dr Gideon Boas). 
    • Historic abuse case by an individual against his former school.
  • Wajira Danthanarayana v Karen Fogarty & anor S ECI 2020 00828 (Victoria Supreme Court); Wajira Danthanarayana v Karen Fogarty & anor No SC 190 of 2021 (ACT Supreme Court) (led by Cam Truong KC).
    • Proceeding by an individual in negligence against his previous solicitors. 
  • Joseph Haynes (a pseudonym) v Julian Fox & Salesian Society Inc S ECI 2020 02236 (Victoria Supreme Court) (led by Stephen McCredie). 
    • A matter involving allegations of historic sexual abuse by an individual against a religious institution. 
  • Cameron Chevalier v Association for Christian Education of Dandenong S ECI 2019 02261 (Victoria Supreme Court) (led by Dr Gideon Boas). 
    • Proceeding involving allegations of bullying and abuse by students at a school against an individual and the liability of the school. 
  • Menahem Waks v Cyprys & Ors SCI 2013 01744 (Victoria Supreme Court) (unled).
    • Damages hearing in respect to historic sexual abuse by an individual employed by an institution. 
  • Amir Mohammed Mumin v DNA Empire Pty Ltd CI-20-04053 (County Court). 
    • Allegations of systemic bullying by an employee against an employer. 
  • EEU20 v Meat Industry Employees’ Superannuation Fund Pty Ltd (Federal Court) (unled).
    • An appeal from a decision of the Superannuation Complaints Tribunal relating to a death benefit. 
  • David Witenden v Sandy Mining Pty Ltd and Douglass Wakely Cahill (led by Garrie Moloney). 
    • Proceeding brought by the department under the Mineral Resources (Sustainable Development) Act 1990.

Employment and Industrial

  • Wall v Kingbuilt Homes Pty Ltd & Anor FCCA 2019-2355.
    • Industrial law claim for underpayments of notice and redundancy payment. 
  • Annetta Wilson v Glenmac Sales & Services Pty Ltd [2018] VCC 1801 (County Court) (led by Danny Masel S.C).
    • Accident compensation case under Accident Compensation Act 1985. 
  • Xu Chu Liu v Brillico Pty Ltd T/A Ugg Direct [2018] FWC 4797 (unled).

Planning and Environment 

  • Kym Earl v Mount Alexander Shire Council & Ors (Contractors Depot Permit Case).
  • Roxton Commerical Builders Pty Ltd (ACN 616 908 073) v Immix Property Group Pty Ltd (ACN 616 273 262) Cl-22-04373 (County Court of Victoria) (unled). 
  • Studio Homes Victoria Pty Ltd v Brimbank City Council P1120/2022 (led by Peter O'Farrell SC). 
  • St John of God Health Care v Melton City Council P1009/2020 & P1004/2020 (led by Peter O’Farrell SC). 
    • Case focused on gaining planning approval for modern NDIS housing. 
  • BCA Asset Management Group Pty Ltd v Sand Solutions Pty Ltd P1485/2019

Committee Memberships

  • (Monitor) Class Actions