PROFILE

Full Name: Graeme J McEwen
Email: gmcewen@vicbar.com.au
Phone:+61 3 9225 8901
Fax:+61 3 9225 8375
Chambers: Owen Dixon Chambers West
Room: 0204
Date of Admission: 1 Mar 1973
Called to the Bar: 5 May 1977
Accredited as Mediator: 29 Feb 1996
Qualifications: LLM (Melb)

Profile

Profile

Experienced trial and appellate advocate. Practice in general commercial and equity law, including on more than 40 schemes of arrangement, and cases of professional negligence, employment contracts, and restraint of trade.

Matters in which appeared include cases in the Federal Court, NSW Supreme Court, Victorian Court of Appeal, and the Victorian Supreme court ; and by way of example only in previous years:

Instructed by Baker & Mackenzie in 2014 for a large public company to conduct an  investigation of whether a general manager had engaged in misconduct

Interlocutory injunction application in 2014 to enforce an employee restraint of trade clause to protect confidential information: Sportsbet Pty Ltd v Carpanini and Beteasy Pty Ltd [2014] VSC 166 (31 March 2014). Instructed by Baker & Mackenzie in this matter, and in similar such matters over the years by King & Wood, Mallesons, eg Husqvana Construction Projects Pty Ltd v McLean [2006] VSC 381( 9 October 2006)

The “free speech” case of Levy v State of Victoria (1997) 189 CLR 579; 146 ALR 248 (HCA) 

Fitzwood Pty Ltd v Unique Gold Pty Ltd (In Liq.) [2002] FCAFC 285 (Lee, Hill and Drummond JJ), 14 November 2002 (Full Fed Ct)

Fitzwood Pty Ltd v Unique Gold Pty Ltd (In Liq.) 188 ALR 566 (Finkelstein J)

Ashbrooke Pty Ltd v. Holding Redlich [2010] VSC 579 (13 December 2010)

M3 Holdings Australia Pty Ltd v. 420 Spencer Nominees Pty Ltd & ors [2007 ] VSC 396 (9 October 2007)

Spiteri & anor v. NAB Limited [2007] VSC 395 (12 October 2007)

Freehill Hollingdale & Page v Development Ventures Pty Ltd [2004] VSCA 173 (23 September 2004) (CA)

McGee O’Callaghan Gill Pty Ltd v Deacons Graham & James [2001] ANZ ConvR ¶614 (CA)

Mansbridge v Nichols & Anor [2004] VSC 530 (17 December 2004)

Varangian Pty Ltd v OFM Capital Limited & Anor [2003] VSC 444 (12 November 2003)

Federation Properties Pty Ltd v Tzioras [2001] VSC 125 (1 May 2001) and (No. 2) [2001] VSC 152 (22 May 2001)

State Bank South Australia and Beneficial Finance Corporation v Colliers International Property Consultants Pty Ltd & Anor (claim for $150M settled on first day of estimated 60 day hearing)


RECENT WRITINGS:

Fiduciary and related statutory duties of employees (Employment Law Bulletin, May 2015, Vol 21 No 3)

Employment restraint of trade clauses and protection of confidential information from trade rivals    ( Employment Law Bulletin, August 2014, Vol 20 No 7)

Employment restraint of trade clauses and protection of confidential from trade rivals -Part 2  (Employment Law Bulletin, October 2014, Vol 20 No 8)

Three Key Challenges in Public Interest Litigation (Victorian Bar Conference, Torquay, March 2011)

Challenging Standard Form Contracts under the Unfair Contracts Law (Victorian Property Law Conference, 17 February 2011)

The Consumer Protection Amendments to the Trade Practices Act 1974 (Victorian Bar, 21 July 2010; L.I.V Business Law meeting, 20 April 2010)

Friendly Takeovers by Scheme of Arrangement: The Question of 'Class' Vol 36 No. 1 (February 2009), 'Brief', WA Law Society journal

Employee Restraint of Trade Clauses and Confidential Information (October 2008), 'Brief', WA Law Society journal

 

Author of book published June 2011,  Animal Law: Principles and Frontiers’ - see www.bawp.org.au/animallaw/


POSITIONS HELD:

Melbourne Law School, part-time lecturer, 2010, 2011 & 2012

Founder and inaugural Chair (2006-14), Barristers Animal Welfare Panel www.bawp.org.au 

 

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 respect.


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Areas of Practice

Common Law/Personal Injury

  • Professional Negligence

Commercial

  • Banking
  • Bankruptcy
  • Building and Construction
  • Competition
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations Law
  • Insurance
  • Intellectual Property
  • Real Property
  • Securities and Investments

Public/Administrative

  • Constitutional Law
  • Judicial Review and administrative law
  • Merits Review

Equity

  • Trusts

Alternative Dispute Resolution

Areas of Mediation

Common Law/Personal Injury

  • Professional Negligence

Commercial

  • Competition
  • Contractual Disputes
  • Insurance
  • Real Property

Also Entitled to Practise in

  • Federal Court of Australia
  • High Court of Australia

Committee Memberships

  • Chair - Barristers' Animal Welfare Panel


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