The Supreme Court of Victoria
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    Areas of Practice
  • Banking and Finance
  • Bankruptcy/Insolvency
  • Commercial Law
  • Corporations and Securities
  • Equity/Trusts
  • Insurance
  • Trade Practices

Scott Wotherspoon

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).

TERTIARY EDUCATION:

1986-1988
Bachelor of Economics
Monash University
1986-1990
Honours Degree of Bachelor of Laws
Monash University

2001-2002
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
Articled Clerk/Solicitor
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 [2008] VSC 357.

Bahonko v Commonwealth [2008] FCAFC 16.

Walker v Hamm [2008] VSC 596.

Walker v Hamm (No. 2) [2009] VSC 290.

Haque v Victoria [2010] VSCA 219.

Slaveski v Victoria [2010] VSC 441.

Carter v Walker [2010] VSCA 340.


RECENT PUBLICATIONS:

‘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.

Name: Scott WOTHERSPOON
  B.Ec., LL.B. (Hons.), B.C.L. (Oxon)
Date of Birth: Undisclosed
   
Tel: (03) 8600 1713
Facsimile: (03) 8600 1725
Email: wotherspoon@chancery.com.au
   
Admitted In Victoria: 23 Apr 1992
Signed Bar Roll: 26 May 1994
Also Admitted: England
   
Previous Occupation:
Solicitor; Sessional lecturer, Law School, Monash University