Profile

Matthew’s experience includes:

• appearing for the chief scientist of the Queensland Forensic Laboratory at the Commission of Inquiry into Forensic DNA Testing
• appearing in a five-week Supreme Court trial of claims arising from the design and construction of a biomass-powered cogeneration power plant
• appearing in a Commercial List trial against Clive Palmer and his companies, which arose from the collapse of Queensland Nickel, led by Doyle KC and Sullivan KC (as his Honour then was), with Matthew Doyle. 
• appearing (unled against silk), for the State of Queensland, in a Supreme Court challenge to a decision to keep a convicted murderer in solitary confinement, on the basis that the decision infringed the prisoner’s human rights
• appearing (unled against silk), for the State of Queensland, in a high-profile challenge to the Shark Control Program conducted in the Great Barrier Reef Marine Park
• appearing (unled) for the family of one of the deceased, in the Coronial Inquest into the deaths of four people on the Thunder River Rapids Ride at Dreamworld
• appearing for Robinson Helicopter Corporation in a successful nine-week trial (led by Newton KC and then Bain KC), on intermediate appeal (led by Bain KC), and on successful appeal to the High Court of Australia (led by Doyle KC).
• appearing (led and alone against silk) for the owners of the Sheraton Mirage Resort, defending a Federal Court class action brought by 46,000 claimants said to be the victims of the world’s biggest Ponzi Scheme (the Pearls Investment Fund, India)
• appearing (unled against silk) in a week-long Supreme Court trial, for the plaintiff, in a commercial dispute arising from a share sale agreement
• appearing (unled against silk) in a week-long Supreme Court trial, for the defendant, in a case involving claims of breach of trust and knowing receipt
• appearing (unled against silk) in proceedings for orders in the Supreme Court’s parens patriae jurisdiction, to authorise the urgent medical treatment of children
• appearing for the Attorney-General (led by E Wilson KC, as her Honour then was) to successfully resist an application to set aside Coronial findings into the disappearance of Bowen schoolgirl, Rachel Antonio
• appearing as Counsel Assisting the State Coroner at inquests into deaths in custody.
• appearing for the convicted murderer of Tiahleigh Palmer, at an inquest into her death, before the Deputy State Coroner.
• appearing unled in arbitral proceedings concerning a dispute arising from the construction of major infrastructure projects.
• appearing in arbitral proceedings concerning soft commodities producers, their marketing agent, and complex forward pricing mechanisms (led by Traves KC).

More examples (grouped by category) follow.

Administrative Law

> Appearing for the Queensland Chief Health Officer in challenges to mandatory vaccination health directions arising from the COVID-19 pandemic

> Appearing for the Department of Corrective Services in a human rights challenge to a convicted murderer’s prolonged detention in solitary confinement

> Appearing for the Queensland Department of Agriculture & Fisheries as the respondent to an environmental group’s high-profile challenge to the long-running Shark Control Program in the Great Barrier Reef Marine Park.

> Appearing for the Attorney-General of Queensland, as an intervener, in successfully resisting an application to set aside high-profile Coroner’s findings into the disappearance of Bowen schoolgirl Rachel Antonio in 1998.

> Appearing for the Minister for Natural Resources and Mines, in a case concerning the proper construction of the Land Act. 

> Appearing in and successfully resisting an appeal to the Queensland Court of Appeal (led by the Solicitor-General), on behalf of the Minister for Natural Resources and Mines, in a case concerning a decision to refuse exploration permits under the Mineral Resources Act.

> Appearing for the Queensland Department of Primary Industries to resist an application for judicial review of a decision to impose quarantine notices on a significant cattle grazing property.

> Appearing for the operator of the John Flynn Private Hospital to resist an urgent mandatory injunction to compel it to reinstate the credentials of a suspended practitioner.

> Appearing for the Premier of Queensland, the Honourable Campbell Newman MP, to respond to and resist summonses to appear as a witness, filed by alleged members of an outlaw motorcycle gang.

Appeals

> Appearing and successfully resisting an appeal from a decision in the Commercial List of the Supreme Court of Queensland, to grant freezing orders against Clive Palmer and his companies, arising from the liquidation of Queensland Nickel.

> Appearing in a successful appeal to the High Court of Australia (led by Doyle KC) for Robinson Helicopter Company Incorporated, the US manufacturer of the R22 helicopter, in defence of a $70+ million product liability claim (having succeeded at first instance in an 8-week supreme court trial (with Newton KC and, then, Bain KC), and having appeared on appeal (with Bain KC)).

> Appearing (unled against silk) in and successfully resisting an appeal to the Queensland Court of Appeal against a decision to dismiss a claim for professional negligence brought against engineers who had designed and supervised the construction of a service station.

> Appearing in and successfully resisting an appeal to the Queensland Court of Appeal, on behalf of the Minister for Natural Resources and Mines, in a case concerning a decision to refuse exploration permits under the Mineral Resources Act.

> Appearing in and successfully resisting an appeal to the Queensland Court of Appeal, on behalf of an insurer, in a case concerning a decision to decline cover and the application of s 54 of the Insurance Contracts Act.

Bankruptcy & Insolvency

> Appearing (with Doyle KC, then Sullivan KC, leading Rae of counsel) for the Special Purpose Liquidators of Queensland Nickel, in proceedings against Clive Palmer and various of his companies, including successfully obtaining freezing orders against them.

> Appearing in the Court of Appeal for the Special Purpose Liquidators of Queensland Nickel, in an appeal brought by Clive Mensink.

> Appearing for Aurizon, in the Federal Court of Australia, in connection with the appointment of special purpose liquidators to Queensland Nickel.

> Advising liquidators appointed to a very high-profile insolvent company, in respect of pre-litigation steps.

> Appearing in the Federal Court of Australia, on behalf of trustees in bankruptcy, in a case concerning entitlements to amounts paid from superannuation funds of which the bankrupt’s deceased husband had been a member.

Building & Construction

> Appeared in a five-week trial concerning the design and construction of a biomass powered power station

> Appeared in a two-week international arbitration (unled against silk) for the successful claimant in a case concerning the design and construction of a significant piece of public infrastructure

> Appeared in a four-week domestic arbitration (unled against silk) for the defendant in case concerning the design and construction of a significant piece of public infrastructure

> Successfully appeared (unled against silk) in a three-day trial and appeal in a professional negligence claim brought against engineers, concerning the design and supervision of construction of a service station.

> Acting (unled against silk) in interstate arbitral proceedings concerning the construction of major infrastructure.

> Acting for the liquidators of a construction company to defend subcontractors’ charges proceedings.

> Acting for Built Environs WA Pty Ltd in a $20m plus claim brought against Perth Airport Pty Ltd in the Supreme Court of Western Australia, concerning the expansion of the Perth Airport.

> Advising joint venturers during steps preliminary to the commencement of arbitration concerning a dispute over the construction of significant public infrastructure.

> Appearing for a contractor in an arbitration concerning a $1+ billion dispute over the construction of significant resources infrastructure.

> Appearing successfully for Caltex Australia in a proceeding for review of an adjudication decision under the Building and Construction Industry Payments Act (Qld).

> Appearing for Bechtel, in the Federal Court of Australia, in defending a breach of contract and misleading and deceptive conduct claim arising from the construction of the South Walker Creek coal preparation plant upgrade.

> Appearing in the Queensland Supreme Court to successfully resist an application for review of an adjudication decision under the Building and Construction Industry Payments Act (Qld).

> Appearing for an electrical engineer in a proceeding concerning entitlement to payment under the Building and Construction Industry Payments because of allegations of an unlawful contract.

Commercial

> Appearing (unled against silk) for the successful plaintiff in a 5-day trial in the Supreme Court of Queensland, concerning the breach of a share sale agreement, which involved complex forensic accounting experts’ evidence.

> Appearing for Oaks Hotels & Resorts in a proceeding against a former executive officer, arising out of alleged breaches of contract and fiduciary duties.

> Appearing for the owner of the Sheraton Mirage Resort, in defence of a class action brought in the Federal Court of Australia by 46,000 Indians who said that more than $9 billion they had invested in an alleged “Ponzi” scheme established in India, had been used to purchase various assets (including the resort).

> Appearing in an arbitration for a contractor engaged in the constructions of an LNG pipeline, in a contractual dispute with a plant and equipment subcontractor.

> Appearing for Seabird Aviation Australia in proceedings concerning a contractual dispute over intellectual property rights.

> Appearing in arbitration for the growers’ body of a major soft commodity, concerning a contractual dispute over futures trading and soft commodity hedging.

> Advising a mid-tier national law firm in respect of obligations arising as between partners on their merger with an international partnership.

> Appearing in a 5-day trial in the Supreme Court of Queensland for defendants to a breach of fiduciary duty and knowing receipt claim.

Commissions & Inquests

> Appearing at the Commission of Inquiry into Forensic DNA Testing in Queensland (Sofronoff KC)

> Appearing for Queensland Health and others at the inquest into the deaths of three indigenous women, from rheumatic heart disease, at Doomadgee

> Appearing as Counsel Assisting in inquests, into deaths in custody, conducted by the State Coroner.

> Appearing in the inquest into the deaths of four people at Dreamworld.

> Advising parties called before the Disability Royal Commission.

> Advising parties called before the Royal Commission into Aged Care Quality and Safety.

> Appearing for the State of Queensland in the Royal Commission into Institutional Responses to Child Sex Abuse.

> Appearing in and advising a party called before the Barrett Adolescent Centre Commission of Inquiry. 

> Appearing in and advising a party before the Queensland Organised Crime Commission of Inquiry.

> Appearing for parties called before the Royal Commission into the Home Insulation Program. 

> Appearing for an engineer in an inquest into a death related to privacy screens that had become unfixed from a high-rise building during a storm.

> Appearing for The Wesley Hospital, the Bundaberg Friendly Society Private Hospital, the Darling Downs Hospital and Health Service, the Lady Cilento Children’s Hospital and another, in inquests into unexpected or complicated deaths.

> Appearing for the Queensland Police Service in an inquest into a death following an aborted police pursuit.

> Appearing for the Central Queensland Hospital and Health Service in an inquest into the death in custody of a prisoner.

> Appearing for the Queensland Ambulance Service in an inquest into the death of a person with a disability.

> Appearing for the convicted murderer of Tiahleigh Palmer at an inquest into her death, before the Deputy State Coroner.

Employment & Industrial

> Appearing for entities in proceedings in the Queensland Industrial Relations Commission concerning action taken by the Regulator under the Work Health and Safety Act. 

> Appearing at trial (unled against Crow KC, as his Honour then was) in a Supreme Court negligence action arising from an industrial accident at the Hail Creek mine, who sought to argue that its employee’s employment had been transferred pro hac vice.

> Appearing for the Worker’s Compensation Regulator to resist an application for declaratory relief in respect of entitlement to persist with common law rights to sue for damages.

> Appearing for the State of Queensland, to resist an application to enjoin publication of an unrecorded conviction under the Work Health and Safety Act 2011.

Health Law

> Appearing at trial to successfully defence a medical negligence proceeding brought against a hospital and specialist doctor.

> Appearing in Supreme Court proceedings for a hospital accused of failing to make a timely cancer diagnosis.

> Appearing for the Children’s Health Queensland Hospital and Health Service on an application to the Supreme Court of Queensland in its parens patriae jurisdiction for urgent orders permitting and facilitating medical treatment of a child, to which the child’s parents objected on religious and cultural grounds.

> Appearing for various health services on applications to the Family Court of Australia for orders permitting and facilitating the medical treatment of children experiencing gender dysphoria.

> Appearing for The Wesley Hospital, the Bundaberg Friendly Society Private Hospital, the Darling Downs Hospital and Health Service, the Lady Cilento Children’s Hospital, and another, in inquests.

> Acting in various proceedings for doctors and hospitals defending professional negligence allegations.

> Appearing for the operator of the John Flynn Private Hospital to resist an urgent mandatory injunction to compel it to reinstate the credentials of a suspended practitioner.

> Appearing for and against the Office of the Health Ombudsman in disciplinary proceedings brought against medical professionals.

Human Rights

> Appearing for the State of Queensland (unled against silk) to resist a Supreme Court challenge to a decision to keep a convicted murder in solitary confinement, brought on the basis that doing so constituted an infringement of the prisoner’s human rights.

Insurance

> Appearing for various underwriters at Lloyds of London in Supreme Court proceedings concerning decisions to decline indemnity under policies of insurance.

> Advising an aviation insurer in respect of its liability to indemnify under various policies of insurance.

> Advising a United States-based manufacturer of agricultural equipment in respect of product liability proceedings commenced against them in Queensland.

> Advising insurers regarding liability to indemnify following major flooding events in Queensland in 2011.

Professional Negligence

> Successfully appearing in a Supreme Court trial for a hospital and specialist doctor accused of medical negligence.

> Acting for an engineer in defence of Supreme Court proceedings regarding allegations of negligent certification of building works.

> Successfully appeared (unled against silk) in a three-day trial and appeal in a professional negligence claim brought against engineers, concerning the design and supervision of construction of a service station.

> Appearing for an engineer in an inquest into a death related to privacy screens that had become unfixed from a high-rise building during a storm.

> Appearing for The Wesley Hospital, the Bundaberg Friendly Society Private Hospital, the Darling Downs Hospital and Health Service, the Lady Cilento Children’s Hospital and another, in inquests into unexpected or complicated deaths.

Property

> Appearing (pro bono) on a successful application for rent review, on behalf of residents of a mobile housing estate.

> Advising hoteliers in pre-litigation strategy in respect of rent review dispute.

> Advising a commercial landowner in respect of issues arising from its encroachment over neighbouring property.

> Advising a commercial landowner in respect of the establishment of a claim for adverse possession.