Qualifications B.A., LLB University of Melbourne Conferred 1 March, 1989 Undergraduate Law - Butterworths Research Prize Civil Jurisprudence 1986

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1 Resume Fiona Margaret McLeod SC Barrister 1111 Owen Dixon Chambers West 525 Lonsdale Street Melbourne B: F: M: Clerk: A.J. Dever Qualifications B.A., LLB University of Melbourne Conferred 1 March, 1989 Undergraduate Law - Butterworths Research Prize Civil Jurisprudence 1986 Practice Admitted to practice: 1 May, 1989 Articles: Cornwall Stodart, Principal Mr. John Hutchings Signed Bar Roll: 28 November, 1991 Appointed senior counsel 11 November, 2003 Reading: Mr. Leslie Glick QC Admitted also: High Court 1 May, 1989 New South Wales 2 July, 1993 Readers: J. Jaques, M. Wallace, S. Rubenstein, Overseas Readers: T. Hoire, M. Lidimani Fellowships and Awards Williamson Community Leadership Program Fellow (2003), Leadership Victoria Women Lawyers Achievement Rising Star Award 2005 Appointments Bar - Current Bar Council of Victoria , , Executive member 2000, , Asst Honorary Treasurer Counsel Committee , 2008 Chair - Equal Opportunity Committee, ; member Chair - Editorial Committee for In Brief and website news and development Bar Readers Course Instructor , Committee , Bar Sexual Harassment Officer Common Law Bar Association Committee Bar - Past Convenor - Women Barristers Association , founding member Chair - Bar Council Childcare Committee Ethics Committee Magistrates' Civil Rules of Procedure Committee Bar Appointee

2 2 Bar Equality Working Party (preliminary work, oversight and implementation of landmark report Equality of Opportunity for Women at the Victorian Bar 1998, McKelvie Hunter) Australian Legal Convention Organising Committee, Bar Appointee Anti-Discrimination List Users Group, VCAT, Bar Appointee Leo Cussen Institute, Bar Appointee Public Interest Law Clearing House, Bar Appointee Bar Council Human Rights Committee, Secretary Steering Committee of Bar Council Gender Bias Study Aboriginal Law Students Mentoring Program Secretary, List Committee List G Government Victorian Civil and Administrative Tribunal, Sessional Tribunal Member Victoria Legal Aid Appeals Committee Chair Chiropractors Board of Victoria Panel Chair Chinese Medicine Registration Board of Victoria, Panel Chair Royal Australian College of Surgeons Appeals Committee Chair ; member Department of Health and Community Services Discipline Hearings Officer Department of Human Services Grievance Review Officer (ad hoc appointment) March 2000 Other Professional President, Australian Women Lawyers, Law Council Equalising Opportunities in the Law Committee Law Council Recruitment and Retention Committee 2008 Leo Cussen Institute Victoria Casual Instructor Australian Advocacy Institute Instructor , Instructor, Australian Bar Association Advocacy training program in Bangladesh, 2007, Nepal and Bangladesh (planned for 2009) Instructor, Solomon Islands Justice Sector Institutional Strengthening Project conducted by Victorian Bar in Honiara September, 2004 Monash University Law Faculty, Trial Practice and Advocacy, Senior Tutor 2002 Guest Instructor Royal College of Surgeons and Professional Services Review Committee expert witness training workshops Bowral, NSW 2001, Adelaide 2002, Werribee 2003 (with International Institute Forensic Studies) and Brisbane 2003; President, Young Lawyers Section, Law Institute Victoria Professional Memberships Amnesty International Legal Network Member International Commission of Jurists Member Spare Lawyers For Refugees, oral history project.

3 3 Undergraduate Appointments President, University of Melbourne Law Students Society President, Australasian Law Students Association Member, University of Melbourne Law Review (ex officio) Member, Faculty of Law, University of Melbourne (Student rep.) Fitzroy Legal Service Student Volunteer Secondary Education Presbyterian Ladies College, Burwood Higher School Certificate 1981 House Captain; Debating Captain (Colours 1980); Senior Hockey Captain Victorian Schools Plain English Speaking Award Winner 1977, 1980 Interests Brunswick East Primary School Council Member TreeProject, urban environment restoration group, life member from 1991 Cases of Interest Public Interest: Gunns v Marr & Ors. (2004) VSC (ongoing) Environmental protest at old growth logging in Tasmania. Action by Gunns against protesters and The Wilderness Society for trespass, nuisance, interference with contractual relations. Acting for defendant. Blue Wedges v Minister for Environment, Heritage and Arts & Anor. [2008] FCA 399 per North J. Acting for environmental group Blue Wedges. Judicial review of Minister s decision to allow dredging of Port Philip Bay relevant matters, unreasonableness Environmental Protection Biodiversity Conservation Act ss131, 136. Geelong Community for Good Life v Environment Protection Authority and Shell [2008] VSC 185 per Cavanough J. Acting for environmental group. Judicial review of EPA decision to extend emissions of waste, application of natural justice to community liaison group re licensing of Shell oil refinery Magill v Magill [2006] HCA 51 ( 2006) 226 CLR 551 ; (2006) 231 ALR 277 ; (2006) 81 ALJR 254 ; (2006) 36 Fam LR 1 ; (2007) Aust Torts Reports ; [2006] HCA 51 Special Leave application for respondent wife. Tort of deceit, deceit in marriage AB v Registrar Births Deaths and Marriages [2006] FCA 1071, (2006) 235 ALR 147, (2006) 92 ALD 570 per Heerey J. [2007] FCAFC 140, (2007), 240 ALR 399, 97 ALD 548 per Black CJ, Kenny, Gyles JJ. Civil and political rights sex discrimination, amendments of birth certificate in case of transsexual person, s22 Sex Discrimination Act, Convention on the Elimination of All Forms of Discrimination Against Women

4 4 Wiggins v Department of Defence [2006] FMCA 800, McInnis FM Acting for navy officer alleging sexual and disability discrimination by superior officers; Sex Discrimination Act 1984; Disability Discrimination Act 1992 Jetsadophorn Chaladone Victims of Crime Compensation, NSW Application for compensation for Ning, child victim of sex trafficking. First successful application in Australia by victim of trafficking, prompted review of UK compensation schemes for victims of trafficking. Simpalee v Minister for Immigration (pending), Cth Compensation claim re death in Australia in Villawood detention centre of trafficked Cambodian woman Commercial ASIC v Citrofresh - [2007] FCA 1873, (2007) 245 ALR 47 per Goldberg J., ASIC v Narain [2008] FCAFC 120 (2008) 247 ALR 659; (2008) 66 ACSR 688 per Finkelstein, Jacobsen, Gordon JJ. (Special leave application pending) Publication of statement to ASX, alleged misleading and deceptive. Director instructed statement to be sent. Publication act of director or company. Statement about business of company relates to shares in company: s.1041h Corporations Law, accessorial liability provisions. Acting for director. ASIC v GDK Financial Solutions [2006] FCA 1415, 236 ALR 699, 60 ACSR 447 Finkelstein J. Instructed by ASIC. Managed investment schemes, retirement villages, Corporations Act. Powers of receiver s601ed Corporations Act. Western Retirement Village Management Pty Ltd v ASIC [2007] FCAFC 75, (2007) 29(6) LSB(SA) 36 Sundberg, Greenwood and Jessup JJ. Appeal re entitlement to scheme property land sold but not transferred, assets of scheme, right of possession not subject to payment of stamp duty and GST Rosedale Action Inc v Justice Finkelstein & Ors [2007] HCATrans 120, and 201. High Court Prohibition. Effect of former winding up of part of scheme, later winding up of whole APRA v VCA, VCC, VCD Instructed by APRA. Regulation of superannuation industry participants, appeal from findings of APRA delegate. Superannuation Industry (Supervision) Act 1993; AAT Act VCA v APRA (2007) 92 ALD 724 AAT, DP Forgie Privilege against self-incrimination and privilege against exposure to penalties. Inclusion of records of examinations in s 37 T documents Sky Channel Marketing v Hall and AJC; Sky v Austar: [2005] NSWSC 909 exclusive jurisdiction of Federal Court; TVN v Sky and Tabcorp; Kenny J, then Young J. [2006] FCA 54. Acquisition of exclusive licensing rights for residential and commercial broadcasting of racing; ss. 45, 46, 47 Trade Practices Act. For TVN, instructed by Clayton Utz. ASIC v Money for Living & Ors. Federal Court Finklestein J. [2005] FCA 1621; [2006] FCA 1285, 59 ACSR 510, ACLR Instructed by ASIC. Misrepresentations, financial products, Corporations Act, ASIC Act, breaches of directors duties, Torrens system rights of life tenants. Product similar to reverse mortgages.

5 5 Re Money for Living Haslam v Perpetual [2008] FCA 1536 per Middleton J. For ASIC. Class action by retiree investors in Money For Living Scheme. ASIC v Austimber Merkel J. [1999] FCA Acting for ASIC - managed investments - prescribed interests - misrepresentation - winding up on just and equitable grounds. First case to consider new managed investment schemes. ASIC v IUI [2004] FCA 1059; [2004] FCA 1060 per Lander J winding up foreign company ss 583, 585 Corporations Act. First consideration of foreign company winding up provisions. Aussie Airlines Pty Ltd v Australian Airlines Ltd And Others - [1996] 813 FCA 1, 135 ALR 753, 139 ALR 663 Aviation. Licensing of airport terminal space. Third party claim for declaratory relief. Apprehended bias claim due to relationship between judge and counsel. Kabat Investments Pty Ltd v Compleat Imports Pty Ltd. [2002] VSCA 134 Court of Appeal, procedural orders Insolvency matters with numerous proceedings - National Safety Council (Vic Division) proceedings in the Supreme Court, Full Court and High Court special leave acting for the liquidator - insolvency - preferences - priorities Estate Mortgage Managers Ltd. - acting for the new trustees - insolvency - duties of auditors directors' duties - Barnes v Addy payments Pyramid Building Society Ltd (In Liq) - acting for liquidator on a range of matters including preferences - bankruptcy -winding up Administrative Law Cynthia Weinstein v Medical Practitioners Board [2008] VSC 149 per Robson J.; [2008] VSCA 193 Court of Appeal per Maxwell P, Neave and Weinberg JJ. Apprehension of Bias. Effect of independent search by tribunal. Power of panel to inform itself as it sees fit Freeman v Medical Practitioners Board of Victoria [2000] VSC 547 per Balmford J. [2004] VSCA 4 on appeal. Application of Administrative Law Act to administrative decision of the medical practitioners board- application to review Hill v Keith [2002] FCAFC 7. Constitution. Whether professional services review committee hearing constituted judicial proceedings. Procedural fairness - administrative review Medical Practitioners Board v Hunter: multiple instances of medical negligence of ophthalmologist, Acting for Board as counsel assisting formal panel hearing Medical Practitioners Board v Foo: Conduct of medical practitioner involving paediatric care at Royal Children s Hospital, Acting for Board as counsel assisting formal panel hearing

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