PROFILE

Full Name: Louise J Martin
Email: louisejmartin@vicbar.com.au
Phone:+61 3 9225 7777
Phone:+61 3 9225 7840
Fax:+61 3 9225 6355
Mobile:0459 900 030
Chambers: Castan Chambers
Room: 1110
Date of Admission: 27 May 2005
Called to the Bar: 18 Nov 2010
Qualifications: LLM (Dist) (LSE), LLB (Hons) (Syd), BA (Hons) (Melb)

Profile

Louise Martin has a broad public and commercial law practice. 

From 2015 to 2017, Louise was the senior civil justice advocate in Victoria Legal Aid's chambers. She appeared in cases involving immigration, mental health, infringements, tenancy, discrimination and other administrative law issues. In particular, Louise made numerous appearances in the Supreme and County Courts in matters involving the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, in VCAT for matters under the Working with Children Act 2005,and in the Federal Court and AAT for Centrelink and NDIS matters. 

Louise also regularly appears in guardianship and administration order matters in VCAT, in Comcare, tax and veterans' entitlements matters in the AAT, and before the Mental Health Tribunal. She also has a developing interest in employment and industrial matters.  

Some of her recent cases include:

  • McGarrigle v National Disability Insurance Agency [2017] FCA 308 - Federal Court appeal of AAT decision relating to whether partial funding is permissible under the National Disability Insurance Scheme Act 2013 and the meaning of "reasonable and necessary supports" (led by Chris Horan QC);
  • Shields v Deliopoulos [2016] VSC 500 - Supreme Court appeal of VCAT decision relating to the meaning of "good repair" under the Residential Tenancies Act 1997  (led by Chris Horan QC);
  • In the Matter of Sestilio Tiziano Cavallari [2016] VSC 478 - Delayed Supreme Court suppression order application under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 following media publicity;
  • Tahla v Minister for Immigration and Border Protection [2015] FCAFC 115 - Full Federal Court appeal of whether the Federal Circuit Court fell into jurisidictional error in considering whether study qualifications were "closely related" to a nominated skilled occupation (with Angel Aleksov);
  • Ryan v State of Victoria [2015] VSC 355 - Court of Appeal case involving whether internal police documents on operational tactics were covered by public interest immunity (with Greg Hughan);
  • An 11-day inquest into the death of a Bendigo patient living in a Community Care Unit under the Mental Health Act  1986 (decision reserved);
  • DJLK v Comcare [2016] AATA - eight-day trial in the AAT under the Safety, Rehabilitation and Compensation Act 1988.

Louise also worked with Helen Symons QC and Sam Ure on a long-running matter civil penalty procedure for the Tax Commissioner (FCT v Barossa Vines Ltd  [2014] FCA 20) and has appeared in the AAT on behalf of the Tax Commissioner in several matters.

Louise read with Richard Niall QC and Chris Horan QC and her senior mentor is Peter Hanks QC.

Before joining the Bar, Louise was an associate to the Honourable Justice Weinberg in the Federal Court and the Court of Appeal and the researcher to the former Solicitor-General for Victoria, now the Honourable Justice Tate of the Court of Appeal. As researcher, Louise worked closely with the Solicitor-General in advice and litigation work, including constitutional cases in the High Court and matters relating to the Charter of Human Rights and Responsibilities Act 2006.

She was also a solicitor in the commercial litigation group at Clayton Utz in Sydney, where she principally acted for the federal Government in judicial review applications for immigration and customs matters. Louise completed an LLM at the London School of Economics and Political Science, writing a dissertation on statutory interpretation and human rights legislation.

Louise has a background in journalism. She worked at The Age for six years, where she covered state politics and industrial relations. Louise was also an editor of the Sydney Law Review - University of Sydney.

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Other Languages Spoken

  • French

Areas of Practice

Common Law/Personal Injury

  • Intentional Torts
  • Negligence
  • Professional Negligence
  • Workers Compensation

Commercial

  • Competition
  • Corporations Law
  • International Commercial Arbitration

Public/Administrative

  • Civil and Human Rights
  • Constitutional Law
  • Disciplinary Proceedings
  • Immigration Law
  • Judicial Review and administrative law
  • Merits Review
  • Social security and veterans' entitlements
  • Privacy/Freedom of Information
  • Proceeds of Crime

Criminal

Industrial/Employment

Environment and Planning

  • Compulsory acquisition of land compensation

Inquests/Inquiries

Also Entitled to Practise in

  • Federal Court of Australia
  • High Court of Australia
From 2 Dec 2010, liability limited by a scheme approved under Professional Standards Legislation.


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