Latest News
View AllUpcoming Seminars
View AllLoss Counterfactuals: Concept, Content, Proof - Benjamin Teng
15-09-26 @ 5:15 pm / Benjamin Teng — Commercial Equity
What will the seminar cover? Benjamin Teng will deliver a paper offering a conceptualisation of what “loss” is, considering how counterfactuals are - and should be - constructed to determine loss, and analysing recent developments concerning the proof of such counterfactuals. Commentary will be provided by the Honourable Justice John…
Mind the gap: unavailable witnesses, missing documents and inferential fact finding at trial - CLA x Level 27 Chambers
28-10-26 @ 12:45 pm / Claire Schneider — Commercial Equity
What will the seminar cover? Level Twenty Seven Chambers will join the Commercial Law Association of Australia to present a lunchtime seminar titled Mind the Gap: Unavailable Witnesses, Missing Documents and Inferential Fact-Finding at Trial. The application of case law concerning the inferences available to a court where a party’s…
Latest Publications
View AllLoss Counterfactuals
22-1-26 / Benjamin Teng — Contract, Commercial Equity
Benjamin Teng authored this article, published in the Oxford Journal of Legal Studies. The article examines how private law uses counterfactuals to determine whether a claimant has suffered loss and argues, as a general rule, that loss should be assessed by asking what would have happened without the wrong. This…
Vanderstock v Victoria: Free Trade and Federalism (2024) 35(1) Federal Law Review 13–23 wins 2025 Saunders Prize for Excellence in Constitutional Law
21-8-25 / Sarah Spottiswood — Appellate, Judicial Review & Administrative, Tax
Level Twenty Seven Chambers is delighted to announce that the article “Vanderstock v Victoria: Free Trade and Federalism” by Sarah Spottiswood and Felicity Nagorcka has been awarded the 2025 Saunders Prize for Excellence in Constitutional Law. This prestigious award, presented by the Australian Association of Constitutional Law (AACL), recognises exceptional…
Loss’s Edge: One Step (Support) v Morris-Garner
15-8-25 / Benjamin Teng — Contract
Benjamin Teng authored this book chapter published in Private Law and the UK Supreme Court (edited by Jenny Russell and Lewis Graham). It concerns the United Kingdom Supreme Court decision in One Step v Morris-Garner Support Ltd, which examines why and when negotiating damages should be awarded, and is, at…
Recent Cases
View AllEMH IV Pty Ltd as trustee for the EMH IV Family Trust v Commissioner of Taxation [2026] FCAFC 112
28-8-26 / Mark Robertson KC, Florence Chen — Appellate, Tax
Mark Robertson KC appeared for the appellant, instructed by Small Myers Hughes Lawyers. Florence Chen (led by Ms J FitzGerald KC) represented the respondent, instructed by McInnes Wilson Lawyers. This judgement concerns an appeal from the decision in EMH IV Pty Ltd as trustee for the EMH IV Family Trust…
ABC v A Magistrates Court of Queensland [2026] QSC 203
28-8-26 / Andrew O'Brien KC — Judicial Review & Administrative
Andrew O’Brien KC (leading A Campbell) represented the second applicants, instructed by Bartley Cohen. ‘ABC’ allegedly attempted to extort his former spouse (‘the complainant’), seeking to have her accept $15,000 less than the previously agreed property settlement sum, by threatening to expose that the complainant had previously been in a…
Australian Competition and Consumer Commission v eHarmony, Inc [2026] FCA 1208
25-8-26 / Michael Hodge KC — Competition & Consumer
Michael Hodge KC (leading Mr G Kozminsky) represented the respondent, instructed by Baker McKenzie. The Applicant, the Australian Competition and Consumer Commission, commenced proceedings in the Federal Court, alleging that the Respondent, eHarmony, had contravened various provisions of the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition…
