Liam Magowan

Liam represents clients engaged in disputes involving diverse areas of law, including administrative, appeals, building and construction law, contract, corporations, equity and trusts, foreign law (enforcement of foreign judgments and conflict of laws), franchising, complex owners corporation matters, and property.

Liam is an accomplished trial advocate and also frequently appears at the appellate level, including in the Court of Appeal and High Court of Australia. 

He also appears before specialist tribunals, specialist boards (such as the BAB) and at inquests.

Liam read with John Dixon, formally Justice Dixon of the Supreme Court.

Prior to coming to the Bar, Liam was a solicitor in the Litigation and Dispute Resolution Group at Blake Dawson (now Ashurst).

Since coming to the Bar in 2007, Liam has appeared in the following proceedings of note:

High Court of Australia

• Boral Resources (Vic) Pty Ltd ACN 004 620 731 v RW & ME Smith Pty Ltd ACN 105 445 645 [2023] HCASL 197 (7 December 2023): acted for respondent in special leave application (leave refused, full court (7)).

Supreme Court of Victoria – Court of Appeal

• Timelio Pty Ltd v Petris [2024] VSCA 17: for respondent in successfully resisting application for leave to appeal.
• RW & ME Smith Pty Ltd v Boral Resources (Vic) Pty Ltd [2023] VSCA 296: acted for applicant is successfully resisting stay application pending appeal to High Court.
• RW & ME Smith Pty Ltd v Boral Resources (Vic) Pty Ltd [2023] VSCA 182: for applicant in successful appeal from County Court.
• Dolan v Dolan [2023] VSCA 136: for applicant in appeal from judgment regarding caveat removal.
• RW & ME Smith Pty Ltd v Boral Resources (Vic.) Pty. Ltd [2022] VSCA 216: for applicant in relation to security for costs application in appeal.  
• Fernandez v EJ Industries Ltd [2020] VSCA 139: for applicant in an appeal from County Court of Victoria.
• Trailer Trash Franchise Systems Pty Ltd v GM Fascia & Gutter Pty Ltd [2017] VSCA 293: for respondent in appeal concerning security for costs. 
• St Kilda Arts and Events Company (Vic) Pty Ltd & Ors v Apes with Wings Pty Ltd & Anor [2015] VSCA 199: for respondent in appeal from the County Court of Victoria.
• Cornerstone Hardware Brokers (Australia) Pty Ltd v Methven Australia Pty Ltd [2015] VSCA 128 (with S Horgan QC): for applicant in contract dispute. 
• HIH Claims Support Limited v Insurance Australia Limited [2010] VSCA 255 (with Cliff Pannam QC): for applicant in proceeding involving contribution. 

Supreme Court of Victoria

• Salehi v Salehi [2023] VSC 535: acted for Plaintiff in complex property dispute (long trial).
• Hooper v Parwan Investments Pty Ltd & Anor (receivers appointed) [2023] VSC 227: successful appeal from an Associate Justice in relation to summary judgment.
• Re Blockchain Tech Pty Ltd [2022] VSC 564: application in relation to use of joint expert.
• Dolan v Dolan [2022] VSC 543: for plaintiff in caveat removal case.
• Yang & Anor v Yue & Ors [2022] VSC 489 (with P Collinson QC) and Yang & Anor v Yue & Ors [2021] VSC 102: for plaintiff in various applications (applicability of foreign law).
• Sacrifice Scooters v Goudie [2022] VSC 42: for plaintiff in defamation proceedings.
• I Minh Holdings Pty Ltd v Chuang [2021] VSC 760: application in relation to security for costs (third party costs).
• Samuel & Charlie Nominees Pty Ltd v Supreme Dental Grandview Pty Ltd [2021] VSC 589: costs dispute. 
• White v Woodward [2020] VSC 59: for non-party in application for costs post-trial.
• Down Town Visuals v Panorama Investments (No 3) [2018] VSC 691; Panorama Investments Pty Ltd v Mellos (No 2) [2017] VSC 639; Down Town Visuals v Panorama Investments [2018] VSC 427; Panorama Investments v Mellos & Ors [2017] VSC 608 and others: for lender in relation to six complex debt recovery and related proceedings.
• Chapman v Chief Officer of Victoria State Emergency Service [2017] VSC 547: for plaintiffs in complex administrative law proceedings.  
• Frilay v Walsh [2016] VSC 368: for defendant in dispute concerning the Guardianship and Administration Act 1986.
• Asset Flooring v North [2016] VSC 31: for respondent in appeal from Magistrates’ Court of Victoria.
• McGuinness v ACM Group Ltd [2015] VSC 216: for appellant in appeal from Magistrates’ Court of Victoria.
• Play Australia Pty Ltd v Papadimitriou [2014] VSC 608: for plaintiff in relation to debt / misleading and deceptive claim.
• Bernstone v Almack-Kelly [2014] VSC 358: for appellant in appeal from the Magistrates’ Court of Victoria.
• McGarry v 14 Hiscock Street Pty Ltd & Ors [2012] VSC 573: for plaintiff in dispute as to nature of their equitable interest and dispute between caveators as to priority of that interest.
• Humphries v Southern Cross Ski Club [2012] VSC 232 (with Stephen O’Bryan QC): for plaintiff in relation to his removal from Ski Club.
• Powell v Athanasopoulos [2010] VSC 558 (with Stephen O’Bryan QC): for defendant councillor in proceeding brought by the Minister responsible under the Local Government Act to oust the sitting councillor.
• Galanopoulos v Moustafa & Ors [2010] VSC 380: for plaintiff in oppression proceedings.
• HIH Claims Support v Insurance Australia v Insurance Australia [2009] VSC 434 (with John Dixon SC (as he then was)): for plaintiff in proceedings involving contribution.

Coroners Court:

• Quartermain: Finding into death with inquest of Quartermain, Maxwell Charles (COR 2017 000872) [2022] VicCorC 28216 (11 November 2022): acted as counsel assisting in relation to the deaths resulting from a commercial plane crash (the Essendon Airport / DFO plane crash).

Building Appeals Board of Victoria

• Owners Corporation PS 419696X & Ors v Municipal Building Surveyor for the City of Melbourne [2023] VBAB 7: for Owners Corporation in appeal from decision of MBS regarding height and class of building.

County Court

• RW & ME Smith Pty Ltd v Boral Resources (Vic) Pty Ltd (No 2) [2024] VCC 144: acted for plaintiff on quantification of loss and damage on remission from Court of Appeal.
• RW & ME Smith Pty Ltd V Boral Resources (Vic) Pty Ltd [2022] VCC 729: for plaintiff at trial concerning termination of contract (successfully appealed, special leave refused by High Court).
• Ozemac Pty Ltd v Jacaknic [2022] VCC 290: for plaintiff in dispute concerning licence of premises.
• Barnes v 10 Fawkner Road Pty Ltd [2019] VCC 1769: for defendants in trial concerning property dispute.
• GM Fascia & Gutter PL v Trailer Trash Franchise Systems PL & Anor [2019] VCC 248: for plaintiff in a franchise dispute.
• Nguyen v Shah [2018] VCC 1340: for plaintiff in trial concerning indemnity.
• Auluaulu International (PVT) Ltd & Anor v GS Logistics Pty Ltd [2017] VCC 1204: for plaintiff in trial concerning sale of goods, conversion and unconscionable conduct.
• Cornerstone Hardware Brokers (Aust) Pty Ltd v Methven Australia Pty Ltd [2014] VCC 945: for plaintiff in trial of contract dispute. 
• Apes With Wings Pty Ltd & Anor v St Kilda Arts and Events Company (Vic) Pty Ltd & Ors [2014] VCC 2023: for plaintiff in trial of property and leasing dispute. 
• J Renee Nominees Pty Ltd v Mastrogiannis & Anor [2013] VCC 1381: for purchaser in relation to trial concerning sale of property.
• Singleton v Marina Apartments [2012] VCC 1341: for purchaser in dispute concerning property (summary judgment obtained).
• Kingisland Meatworks and Cellars Pty Ltd v Piero Mastromanno and Bonjust Pty Ltd [2012] VCC 25: for defendant in trial of commercial dispute.
• Coles Group Property Developments Ltd v Hill [2011] VCC 683: for owner/plaintiff in leasing dispute.
• Mastromanno v Mastromanno [2011] VCC 327: for plaintiff in dispute regarding a trustee’s entitlement to legal costs.
• Slater & Gordon Limited v Kliger Partners Lawyers & Ors [2010] VCC 0487: for plaintiff in dispute regarding entitlement to legal fees.
• Capital Finance Australia v Norton White Services (Vic) Pty Ltd [2009] VCC 0830: for defendants in trial of dispute in relation to leased equipment.
• Martin v Ian Fraser representing the Estate of Sally Anne Fraser [2009] VCC 683: for defendants in relation to trial concerning the applicability of the Civil Aviation (Carriers’ Liability Act) 1959 to an aviation accident.

Magistrates’ Court of Victoria

• Dover v NAFP (Financial Planning) Pty Ltd & Anor [2022] VMC 3: for defendants in “test case” concerning collapsed provider of financial services.   

VCAT

• Owners Corporation PS 419696X v Goh (Owners Corporations) [2022] VCAT 899; Owners Corporation PS 41969X v Goh (No 3) (Owners Corporations) [2020] VCAT 1397 (10 December 2020); Owners Corporation PS 419696X v Goh (No. 2) (Owners Corporations) [2019] VCAT 1609: for applicant in complex OC dispute.
• DJP Scoria Pty Ltd v Mount Road Nominees Pty Ltd (No 2) (Building and Property) [2020] VCAT 552: for respondent in application to set aside injunction.
• O’Callaghan v Greater Shepparton CC [2020] VCAT 1345: for applicant in planning dispute.
• GDM Technologies Pty Ltd v Questco Pty Ltd (Building and Property) [2018] VCAT 544: for applicant in injunction application to restrain settlement of contract in relation to property.
• 109 Fitzroy Street Pty Ltd v Frelane Pty Ltd (Building and Property) [2017] VCAT 140 and 109 Fitzroy Street Pty Ltd v Frelane Pty Ltd (Building and Property) [2017] VCAT 1987: for tenant/applicant in trial of retail leases dispute and costs dispute.
• Florina Furniture Pty Ltd v Itris Corporation Pty Ltd (Civil Claims) [2015] VCAT 543: for tenant/respondent in leases dispute.
• Hallmark Group (Aust) Pty Ltd v Owners Corporation PS300042M (Owners Corporations) [2014] VCAT 1268: for owner/applicant in OC dispute.
• St Kilda Arts & Events Company (Vic) Pty Ltd v Apes with Wings Pty Ltd (Building and Property) [2014] VCAT 1055: for owner/respondent in relation to property and retail leases dispute.
• Kounelis v Ross Horton Homes Pty Ltd (Domestic Building) [2014] VCAT 319: for builder/respondent in domestic building dispute. 
• Tien v Pho & Anor (Real Property) [2013] VCAT 265: for owner/respondent in trial concerning Part IV of the Property Law Act.
• Michell v Winch (Real Property) [2012] VCAT 1524: for respondent in trial.
• South East Timber Supplies Pty Ltd v Finrent Pty Ltd & Anor (Civil Claims) [2010] VCAT 1051: for applicant against a financier in relation to a “bundled service” agreement.
• Eugene Snopkowski v Lorraine Jones [2008] VCAT 1943: for applicant in relation to a civil dispute with his former solicitor brought under Part 4.3 of the Legal Profession Act 2004, the first such case of its kind.

Court of Appeal, Supreme Court of New South Wales

• Darkinjung Local Aboriginal Land Council v Darkinjung Pty Ltd (In Liq) & Anor [2010] NSWCA 351 (with Rob Shepherd): for cross-claimant in relation to entitlement to legal fees.

Supreme Court of New South Wales

• Darkinjung Local Aboriginal Land Council v Darkinjung Pty Ltd & Ors [2010] NSWSC 132 (with Rob Shepherd): for cross-claimant in relation to entitlement to legal fees.

Federal Court of Australia

• Waterproofing Technologies Pty Ltd v Perri [2022] FCA 714: acted for respondent in joinder application.
• Pleash (Liquidator), in the matter of SFG Relocations Pty Ltd v Fourie [2022] FCA 552: acted for respondent in dispute concerning production of “books”.
• Nevro Medical Pty Ltd v McKelvie (No 2) [2020] FCA 1876: for employee respondent in dispute with former employer.
• Domain Paper (Australia) Pty Ltd v Galloway [2014] FCA 936 (with Tim North QC): acted for Applicant in dispute concerning legal professional privilege.
• Transfield ER Futures Limited v The Ship ‘Giovanna Iuliano [2012] FCA 548 (with Sam Horgan QC): for ship owner in relation to release from arrest of ship (order for release obtained).
• Rio Tinto Alcan Inc and Ors v EF Maritime Navigations SA (with Sam Horgan QC): acted for Rio Tinto in relation to a claim under the Hague-Visby Rules concerning a shipment of alumina to Canada.