EXPERTISE
Justin Gleeson SC has appeared as leading Counsel in the High Court of Australia in over 110 appeals or original jurisdiction matters across most areas of law, including international or treaty based claims; Australian constitutional law; competition law and regulation; public law; commercial law, taxation and intellectual property; aboriginal land rights; criminal law; and tort and compensation law.
Justin also has extensive experience in appearing in the Federal Court of Australia and the State Supreme Courts, on appeal and at trial, across most areas of law, including international law and commerce; constitutional law; competition law and intellectual property; and equity commercial corporations and taxation law.
He is currently available for matters in the High Court of Australia and intermediate appellate courts.
SELECT RECENT AND FORTHCOMING HIGH COURT PROCEEDINGS
Australian Constitutional Law
2023: KPMG v Bogan - cross-vesting of proceeding in face of Victorian group costs order.
2023: Chief Executive Officer, Aboriginal Areas Protection Authority v Director of National Parks & Anor - immunity of Commonwealth from Territory criminal laws.
Justin appeared in the High Court for the Aboriginal Affairs Protection Authority (AAPA), a government agency of the Northern Territory charged with the protection of Aboriginal heritage including sacred sites. Justin is here pictured after the conclusion of the hearing, together with his instructing solicitor and juniors, AAPA staff, and some of the traditional owners of the land on which the offence the subject of the proceedings was committed. These elders had travelled to Canberra for the hearing. Following AAPA’s victory in the High Court, the defendant (the Director of National Parks, a federal government agency) pleaded guilty to the offence.
2022: Unions NSW v State of NSW - further challenge to validity of electoral spending laws under implied freedom of political communication.
2022: Fairbairn v Radecki - scope of federal jurisdiction over breakdown of defacto relationships.
2022: Cth v Montgomery - whether indigenous Australians can be treated as aliens under the Constitution.
2021: Commonwealth v AJL 20 - Chapter III of the Constitution and migration detention.
2018: Unions NSW v NSW - validity of electoral expenditure laws under implied freedom of political communication.
2018: Work Health Authority v Outback Ballooning Pty Ltd - inconsistency between Civil Aviation Law and Territory OHS law.
2018: Re Gallagher - referral of questions under s 44 of Constitution.
2017: Re Canavan - referral of questions under s 44 of Constitution.
2017: Plaintiff M174 v Minister - challenge to “fast track” provisions in Migration Act.
International and Treaty-Based Claims
2021: Wells Fargo Trust Company v VB LeaseCo Pty Ltd - application of Cape Town Convention and Protocol on Mobile Equipment to recovery of airline engines during insolvency administration.
2018: Parkes Shire Council v South-West Helicopters Pty Ltd - applicability of Warsaw Convention to claims for nervous shock.
Commercial and Taxation
2024: Cessnock City Council v 123 259 932 Pty Ltd - scope of the Amann Aviation damages principle.
2024: Commonwealth v Sanofi - recovery under the usual undertaking as to damages.
2024: Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue - scope of primary production exemption from state land tax.
2024: Williams v Toyota Motor Corporation Australia Ltd - proper measure of damages under s 267 Australian Consumer Law.
2023: Redland City Council v Kozik - defences to restitution for wrongly imposed imposts by public authorities overpaid fees.
2023: Karpik v Carnival PLC - extra-territorial application of Australian Consumer Law.
2022: Self Care IP Holdings v Allergan - principles governing trade mark infringement.
2022: Metal Manufactures Pty Ltd v Morton - availability of set off under Corporations Act against unfair preference claim.
2022: BHP Group Ltd v Impiombato - whether Federal Court class action procedures are available in favour of foreign resident group members.
2021: Arsalan v Rixon; Nguyen v Cassim - assessment of damages for loss of use of non-income producing assets.
2020: Wigmans v AMP - regulation of overlapping class action.
2020: Berry v CCL Secure Pty Ltd - assessment of damages under Australian consumer law.
2020: Moore v Scenic Tours - whether claims for disappointment and distress from loss of expectation are personal injury damages.
2019-2020: Commonwealth v Helicopter Resources - application of accusatorial principle to compulsory examination of officers of corporations.
2019: Westpac Banking Corporation v Lenthall - availability of common fund orders in class actions.
2019: Connective Services Pty Ltd v Slea - prohibition on companies providing financial assistance for acquisition of shares
2018: ASIC v Lewski - directors duties and amendments to scheme constitution.
2018: Mighty River International Ltd v Mineral Resources Ltd - validity of Deed of Company Arrangement.
2018: Commissioner of Taxation v Thomas - treatment of franking credits and principle in Executor Trustee case.
General
2024: R v Kola - proper directions in conspiracy trials involving strict liability elements.
2023: The King v Jacobs Group Australia Pty Ltd formerly known as Sinclair Knight Merz - maximum penalties for sentencing for foreign bribery.
2023: Qantas Airways Limited v Transport Workers Union of Australia - general protections of Fair Work Act.
2023: Hurt v The King; Delzotto v The King - application of mandatory minimum sentencing provisions.
2022: Electricity Networks Corporation v Herridge - scope of liability in tort of electricity distributor.
2021: ABCRA ats Tapp: principles governing Civil Liability Act claims.
2020: Roy v O’Neill - implied licence to enter property and proactive policing.
2018: Amaca Pty Ltd v Latz - assessment of personal injury damages for “lost years”.
RECENT PUBLIC ADDRESSES ON AUSTRALIAN LAW
2021
July and October 2021: Address to class action forums posted by Australian Academy of Law
2019
August 2019: Moderator: Australian Academy of Law/Australian Academy of Sciences Climate Change Hypothetical.
2018
February 2018: Keynote Address to 2018 Gilbert +Tobin Constitutional Law Conference Sydney, “The High Court on Constitutional Law: the 2017 Term”.
January 2018: Keynote Address to Annual Conference of Federal and Supreme Court Judges Sydney, “The Modern Executive in Australia – Rule Taker or Rule Maker?”.
2017
July 2017: Centre for Comparative Constitutional Law Studies Conference Melbourne, "Demystifying Proportionality in Australian Constitutional Law".
May 2017: Sydney PEN Free Voices Lecture, Sydney Writers Festival, “Freedom of Expression, United States and Australian perspectives”, published in Griffith Review No 57.
May 2017: ACT Law Society, Annual Blackburn Lecture, “Law, Morality and the Public Trust”.
2016
October 2016: Australian Academy of Law Annual Patron’s Lecture, "The increasing internationalisation of Australian law", as published in the Public Law Review.
2015
April 2015: NSW Bar Association, Annual Sir Maurice Byers address, “International Law and the Australian Constitution”, as published in the Australian Bar Review.