_2JG3703

Richard Scheelings

Contact Details

  • Called to the Bar

    2012

  • Areas of Practice

  • Qualifications

    Bachelor of Laws (Hons) – University of Melbourne

    Bachelor of Commerce (Hons) – University of Melbourne

    PhD (Economics) – University of California, Los Angeles

  • Professional experience

    2010-2012: Principal Consultant, ACIL Allen Consulting, Melbourne

    2009-2010: Associate to Justice Finkelstein of the Federal Court of Australia, Melbourne

    2008-2009: Chief Economist, Australian Communications and Media Authority (ACMA), Melbourne

    2006-2008: Special Counsel (Competition), Allens-Linklaters, Melbourne

    2004-2006: Management Consultant (Mergers, Competition, Utilities), LECG, Brussels

    1994-1997: Solicitor, Commonwealth Attorney-General’s Department, Canberra

  • Selected Cases

    P T Garuda Indonesia Ltd v ACCC, (2016) current application for special leave in the High Court of Australia (with N Hutley SC and T Brennan) [Market definition and statutory inconsistency]

    Susan Nandutu v University of Sydney, 2015/00287280 (2016) currently in the Supreme Court of NSW (unled) [Procedural fairness in termination of PhD candidature]

    Headway Group Pty Ltd v Spyre Projects Pty Ltd, VID 322/2016 (2016) in the Federal Court, Melbourne Registry (unled) [Wrongful exercise of termination clause in contract, repudiatory breach, general and statutory unconscionability (including unconscionable reliance on a mere contractual right), misleading and deceptive contract clause, interpretation of explicit ‘good faith’ clause and breach thereof, claim for approximately $2 million in damages]

    BSX15 v Minister for Immigration and Border Control & Anor, VID 473/2015 (2016) in the Federal Court, Sydney Registry (with T Brennan) [Procedural fairness, unreasonability, and ASIO’s compliance with its internal determination]

    Commonwealth Bank of Australia v Thomas Paraskevas and Ors, SCI 2013 6038 (2015) currently in the Supreme Court of Victoria (unled) [Claim for recovery of loan moneys via personal guarantees, action on equity of redemption, estoppel by conduct, misleading and deceptive conduct, statutory unconscionability, breach of warranty term due to incorporation of Code of Banking Practice.]

    Agito Nominees Pty Ltd v Sue Paras and Anor, CI-14-06383 (2015) in the County Court of Victoria (unled), settled [Claim for recovery of loan moneys via contract of guarantee and indemnity; whether guarantee lapsed upon re-securitization and novation of the loan; mortgage penalties, including successfully defending summary judgment application: Agito Nominees Ply Ltd v Paras and Anor [2015] VCC 1004.]

    Defteros Lawyers v Hakki Suleyman, SCI 2014 05744 (2014) in the Cost Court of the Supreme Court of Victoria (unled), settled [Taxation of costs between solicitor and client arising from the litigation fallout of the Victorian Ombudsman’s Brimbank City Council Corruption Report (2009), including the contestation of the existence of cost agreements and failure of statutory disclosure, and the successful resisting of an application to amend or withdraw Bills of Cost]

    JSTC Pty Ltd & Ors v Benalla Road Unit Trust & Ors, SCI 2014 06858 (2014) in the Supreme Court of Victoria (unled), settled [Replacement of trustee, declaratory relief regarding unit holder meetings, winding up corporate trustee on just and equitable grounds, application to set-aside subpoenas, return to mortgagor of surplus funds from sale by mortgagee of secured property, interpretation of “all moneys” clauses in mortgages and guarantees, general law of pre-emptive security for costs in actions for account, whether contractual provision unenforceable due to inconsistency with statute]

    Hamish MacKinnon (in his capacity as liquidator) and CVC Geelong Pty Ltd (in liquidation) v CVC Shepparton Pty Ltd and Ors, SCI 2012 04099 (2014) in the Supreme Court of Victoria (unled), settled [Defending directors and trustees in four day trial against a liquidator’s attempt to recover $4 million of pre-windup transactions — settled on last day of trial. Case involved breaches of trust and equitable tracing, insolvent trading, the insolvency ‘claw back’ provisions of the Corporations Act 2001 and the former trustee’s lien over trust property for debts arising out of the administration of the trust]

    Norman & Anor v Yeend & Anor, SCI 2012 00934 (2013) currently in the Supreme Court of Victoria (with Zappia QC, Rivette and Boadle) [Defamation by emails to recipients in Los Angeles, misleading and deceptive conduct, breach of confidential information (in contract and equity), extra-territorial aspects of defamation and s 18 ACL, damages for loss of chance]

    Sasser Family Holdings Inc v STI Global Ltd, C IV 1691 of (2013) in the Supreme Court of West Australia, settled (with Zappia QC, Rivette and Douglas) [Corporate shareholder dispute between Australian company and US-based shareholder, vesting of shares and validity of issuance of share certificates and emendation of shareholder register, validity of resolutions in general meetings and chairman’s decisions to adjourn, rights of beneficial shareholders to vote in general meetings, voting via estoppel]

    Application by APA GasNet Australia (Operations) Pty Limited (No 2), [2013] ACompT 8, in the Australian Competition Tribunal (with Michael O’Bryan QC and Chris Horan SC) [On behalf of the AER in a gas access dispute under the National Gas Rules; I handled the twin issues of WACC and regulatory depreciation (together valued at about 20 million), and the AER was successful on those two issues]

    Sunland Group Limited v Fairfax Media Ltd and Anor, S APCI 1117 (2013) unreported in the Supreme Court of Victoria and unreported on urgent appeal to the Court of Appeal (with Rivette) [Injunction application and suppression orders to prevent The Age newspaper publishing leaked documents — successful on appeal]