Barrister, Accredited Mediator

Robert Shepherd

LL. M.
Admitted
1982
Bar
1982

Biography

Robert brings to his clients the experience of 34 years of full time practice in the conduct of cases in Courts, Tribunals and in mediation.

Details

Accreditation
Accredited Mediator
Admission
01 March 1982
Signed Bar Roll
01 September 1982
Chambers
Level 6, Room 0622
Owen Dixon Chambers West
525 Lonsdale Street
Melbourne VIC 3000
Admitted to Practice
Victoria, Federal Court of Australia

To discuss the availability, suitability and fees of this barrister, please contact Chris Chapman.

Chris Chapman
Chris Chapman
Principal Barristers' Clerk

Details

Accreditation
Accredited Mediator
Admission
01 March 1982
Signed Bar Roll
01 September 1982
Chambers
Level 6, Room 0622
Owen Dixon Chambers West
525 Lonsdale Street
Melbourne VIC 3000
Admitted to Practice
Victoria, Federal Court of Australia

Robert brings to his clients the experience of 34 years of full time practice in the conduct of cases in Courts, Tribunals and in mediation. His pre and post litigation advice and attention to detail in his written work, has resulted in many matters being resolved before and after litigation. He has a busy practice in advice work as well as in appearance work in Courts and Tribunals.

He has appeared in the State and Federal Courts both in the Trial and Appellate Divisions including in the High Court.

His wide interest in all aspects of the law and legal rights was a springboard for him to take cases in complex commercial litigation, as well as cases that involved the protection of rights, including appearing in some of the most challenging inquests into deaths in custody and in immigration detention. His involvement in correctional law led him to appearing in significant judicial review cases involving prisoners. His authorship of the text de Groots Wills, Probate and Administration Practice (Victoria) over the last 30 years and his longstanding involvement in this area of law well places him to advise and appear in deceased estate cases that are often close to the heart and minds of our community, especially in the protection of the elderly from all forms of abuse.

Robert is dedicated to his client’s cause. His approach in conference is to take the abrasion out of the client’s journey and to ensure that in a confidential environment, they are comfortable to talk about their case, are treated with respect and feel that they are heard. In Court he presents the case as it should be presented, with persuasion and appropriate balance.

From 30 April 2009, liability limited by a scheme approved under Professional Standards legislation.

Practice Areas

Commercial Law

Banking & Finance
Bankruptcy Law & Insolvency Law
Corporate Insolvency
Competition Law & Consumer Law
Contractual Disputes
Insurance Law & Professional Negligence Law
Property & Probate

Common Law

Intentional Torts
Negligence
Professional Negligence

Equity & Trusts

Family Provision
Wills & Probate

Public Law & Administrative Law

Disciplinary Proceedings

To discuss the availability, suitability and fees of this barrister, please contact Chris Chapman.

Chris Chapman
Chris Chapman
Principal Barristers' Clerk

Experience

Memberships and Associations
  • Chair of the Property and Probate Section of the Commercial Bar Association (Victoria)
  • Member of the Probate Users Committee of the Supreme Court of Victoria.
Significant Cases
 
  1. Avco Financial Services Ltd v Fishman and Others [1993] 1 VR 90. Tadgell J.
    Mortgage priorities.
  2. Rich v Groningen & Ors Gillard J [1997] VSC 35; (1997) 95 A.Crim.R. 272
    Exercise of powers and duties by prison authorities. Access to legal documents in custody.
  3. H. G & R Nominees v Fava [1997] 2 V.R. 368.
    • Phillips J. Mortgages, Guarantees. Whether Solicitor owed duty.
  4. Minogue v Williams [2000] FCA 125
    • Remittal from High Court of Australia
    • Whether matter arising under international treaty.  International Covenant on Civil and Political Rights.
  5. Knight v Spadano & Ors [2003] VSCA 228
    • Court of Appeal. Prisoner rights.
  6. Maher & Anor v Commonwealth Bank of Australia & Anor [2008] VSCA 122 (26 June 2008)
    • Application for stay orders, security for costs of appeal.
  7. Harrison & Ors v Harrison [2011] VSC 459. Kaye J.
  8. Finding – Inquest into the Death of Matthew Aaron Condie. 30 January 2015.
    • Coroner Spanos. Death in custody.
  9. Lam v Lam & Ors [2016] VSC 298.  Almond J.  On appeal Lam v Lam [2017] VSCA 173
    • Whether sham transfers of land.  Whether wrongful transfers of land.  Conveyancers.  Duty of care to client.
Other Activities
 
  • Author of de Groot’s Wills, Probate and Administration Practice (Victoria) – since 1990.
  • Tutor: Royal Australasian College of Surgeons since 2000.
  • Member of Supreme Court Probate Users Committee.
  • Chairman of the Property and Probate section of the Commercial Bar Association.
  • Accredited Mediator since 1995.
  • Accredited Advanced Mediator 3.8.2006

Publications and articles

  • The text de Groots Wills, Probate and Administration Practice (Victoria)
  • Alternative claims in equity to a TFM claim when that claim is barred or limited as a result of there being a final distribution of the estate; (06/02/2017);
  • Testators Family Maintenance Procedures in the Supreme Court of Victoria; (05/10/2015);
  • Informal Wills. The de facto relationship provisions of the Family Law Act 1975 (Cth) and their impact upon claims under Part IV of the Administration and Probate Act 1958; (27/05/2010);
  • When may a Court Dispense with requirements for Execution or Revocation? (24/06/2008).
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