Scott Wotherspoon (BEc, LLB (Hons), BCL (Oxon)) was admitted to practice in 1992 and signed the Bar Roll in 1994. Mr Wotherspoon practises predominantly in commercial cases litigated in the Supreme Court of Victoria and the Federal Court of Australia. He lectures in company law and equity on a part-time basis at Monash University.
He has particular expertise concerning Pt 2D.1 (codification of directors’ and officers’ duties) and Ch 6CA (continuous disclosure obligations) of the Corporations Act and shareholder claims. He also specialises in the defence of major tort claims and related issues (such as class actions and public interest immunity claims).
Bachelor of Economics
Honours Degree of Bachelor of Laws
Bachelor of Civil Law
University of Oxford
QUALIFICATIONS & ADMISSION DETAILS:
Barrister and Solicitor of the Supreme Court of Victoria (1992)
Solicitor of the Supreme Court of England and Wales (1993)
Signed the Roll of Counsel of the Victorian Bar (1994)
RELEVANT WORK HISTORY:
1991 - 1994
Minter Ellison, Melbourne & London Offices
1994 - present (except 2001-2002)
Barrister, Victorian Bar
1997 – present (except 2001-2003)
Sessional tutor / lecturer, Law Faculty, Monash University
RECENT COURT APPEARANCES:
Greenberger v Victoria  VSC 357.
Bahonko v Commonwealth  FCAFC 16.
Walker v Hamm  VSC 596.
Walker v Hamm (No. 2)  VSC 290.
Haque v Victoria  VSCA 219.
Slaveski v Victoria  VSC 441.
Carter v Walker  VSCA 340.
‘Property by any other Name: The Trouble with Shareholder Claims in Australia’ (2007) 81 ALJ 75-93;
‘Translating the public law "may" into the common law "ought": The case for a unique common law cause of action for statutory negligence’ (2009) 83 ALJ 331-345
“Resuscitating the Wilkinson v Downton tort in Australia” (2011) 85 ALJ 37-50.
Liability limited by a scheme approved under Professional Standards Legislation.
B.Ec., LL.B. (Hons.), B.C.L. (Oxon)
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||23 Apr 1992
||26 May 1994
Solicitor; Sessional lecturer, Law School, Monash University