Profile

Full Name: Mr W Guy Gilbert S.C.
Email: gilbert@vicbar.com.au
Phone: +61 3 9225 7379
Mobile: 0402 096 033
Chambers: Castan Chambers
Room: 1806
Date of Admission: 3 Apr 1975
Called to the Bar: 19 Nov 1981
Appointed Silk: 23 Nov 2017
Qualifications: LL.B., B.Comm., CPA

Profile

Professional Associations

  • Member of the Victorian Bar
  • Member of CPA Australia
  • Registered Migration Agent (No 9792214)

Practice as a solicitor

  • 1975-6 General practice at the Carlton office of Behan & Speed, Solicitors
  • 1978-81 Court appearance and criminal trial work with Galbally & Rolfe, Solicitors

Tribunal Membership

  • 1987-1992 Part time member of the Mental Health Review Board
  • 1993-1997 Part time Member of the Refugee Review Tribunal

Publications

  • co-author, "Refugee Law" chapter, Lawyers Practice Manual, Law Book Co.

 

Advocacy Training

 

  • Accredited Advocacy Coach (through the Australian Advocacy Institute)
  • Advocacy teaching for the Victorian Bar Reader's Course and on behalf of the Bar in the Solomons Islands and Vanuatu
  • Advocacy teaching on behalf of the Federal Court in Nauru 
  • Training of junior lawyers at Cambodia Legal Aid, Phnom Penh

Principal Areas of Practice at the Bar

Breaches of the Occupational Health and Safety Act

  • recognised in this area of practice by Best Lawyers Australia
  • Appearances in the Magistrates Court and County Court in pleas, contests, committals, trials and appeals
  • Appellate work in the Court of Appeal

 

Immigration Law

  • Chair, Migration Law Bar Association
  • recognised in this area of practice by Best Lawyers Australia
  • Federal Circuit Court and Federal Court judicial review proceedings (review of decisions of the Administrative Appeals Tribunal, Migration Review Tribunal and Refugee Review Tribunal)
  • Administrative Appeals Tribunal (merits review, eg visa refusals or cancellations on character grounds, refusal of citizenship, business visa cancellations, refusal of protection visas under Article 1F of the Refugees Convention)
  • Submissions and/or appearances before the Migration Review Tribunal and Refugee Review Tribunal (which requires registration as a Migration Agent)
  • General advice and submissions to the Department or Minister for Immigration and Border Protection (which requires registration as a Migration Agent)

Criminal Law

  • Magistrates Court, County Court and Supreme Court (in pleas, contests, committal proceedings, appeals and criminal trials, including Intervention Orders, commercial fraud, and mental impairment cases)
  • appellate work in the Court of Appeal

International Extradition

  • Magistrates Court and Federal Court (eg. as junior counsel for Mexico in the Cabal and Pasini extradition), and in cases involving extradition to Albania, Hungary, Crete, Singapore, Switzerland, United States of America

Victims of Crime Assistance Tribunal

  • counsel assisting the Tribunal in complex cases or on behalf of alleged offenders

Disciplinary Tribunals

  • disciplinary proceedings against persons such as police, doctors, nurses, pharmacists and estate agents (for example at VCAT and AHPRA)

Coronial Inquests

  • appearances on behalf of interested parties and as counsel assisting

 

Languages

Reasonable command of Spanish and Italian, limited command of French

Other

Guy has undertaken cultural awareness training provided by Kellawan Indigenous Consultants for persons who are members of Aboriginal communities. 

Areas of Practice

Appellate

  • Criminal Appeals

Commercial Law

Criminal Law

  • Appellate
  • Corporate / White Collar Crime
  • Crimes Against the Person
  • Environmental
  • Extradition
  • Fraud
  • Health & Safety
  • Mental Illness

Industrial Relations Law & Employment Law

  • Occupational Health & Safety (OH&S)

Inquests, Inquiries, Tribunals & Commissions

Public Law & Administrative Law

  • Disciplinary Proceedings
  • Extradition
  • Immigration
  • Judicial Review
  • Merits Review

Committee Memberships

  • (President) Migration Bar Association


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