Xuelin Teo Barrister
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1 Xuelin Teo Barrister T E xteo@vicbar.com.au List A Barristers Owen Dixon Chambers West 205 William Street Melbourne 3000 DX 90 Australia T F Areas of Practice _ Commercial law Regulatory (compliance & investigations) Corporations & securities Trade practices/consumer protection Competition/market conduct Product liability Class actions Professional negligence Property & construction Restructuring & insolvency Administrative law (judicial & merits review) Constitutional law Royal commissions/government inquiries Disciplinary proceedings Common law Summary of Profile Xuelin practises and has experience in commercial law, administrative law, regulatory investigations and restructuring and insolvency. Before coming to the Bar, Xuelin was a Special Counsel in the Commercial Litigation group of Clayton Utz. As a solicitor for 13 years, she acted for large national and multinational companies and government clients in a variety of complex and large-scale disputes across Australian jurisdictions. Notable matters include the restructure of Centro Group, ASIC s civil case against Mariner and its directors and High Court case of Central Bayside General Practice. Xuelin s public law experience includes leading in-house litigation teams at Commonwealth government agencies on secondment. Xuelin studied at the ANU as a National Undergraduate Scholar and graduated with Honours degrees in Science and Laws. She was also awarded a Summer Research Scholarship and has studied at the University of California, Berkeley. She is a graduate of the Australian Institute of Company Directors. Xuelin is reading with Christopher Archibald. Her senior mentor is Peter Murdoch QC. 1
2 Educational Qualifications Australian National University, LLB (Hons) 2003, BSc (Hons) 2004 National Undergraduate Scholarship ( ) Summer Research Scholarship - Faculty of Law (2002) Exchange Representative, University of California at Berkeley, USA (2001) Legal Experience Victorian Bar, commenced October 2017 Clayton Utz, Special Counsel ( ); Senior Associate ( ); Solicitor ( ); Paralegal ( ) King & Wood Mallesons (formerly Mallesons Stephen Jaques), Winter Clerk (2002) Corrs Chambers Westgarth, Paralegal (2002) ANU Faculty of Law, Research Assistant to Professor John McMillan and Professor Hilary Charlesworth ( ) Australian Institute of Administrative Law - National Executive Body, Research Assistant ( ) Ursula College ANU, Academic Tutor Law (2000) Key Matters Key litigation prior to joining the Bar include: Parties Jurisdiction Type/Claim Commercial Ridley Agriproducts Pty Ltd v Huon Aquaculture Company Pty Ltd Myer Pty Ltd v Ellery Land Pty Ltd & Ellery Anora Pty Ltd & Ors v Quest Serviced Apartments Pty Ltd Debt, damages, quality of goods Exclusivity supply agreement Franchise dispute 2
3 Parties Jurisdiction Type/Claim Spotless Group Ltd v Blanco Catering & Reynolds (2011) 93 IPR 235 Employer/employee relationship, copyright infringement, injunction ASIC v Australia and New Zealand Banking Group Ltd ASIC v Mariner Corporation Ltd & Ors (2015) 241 FCR 502 Regulatory BBSW, unconscionable conduct, market manipulation, civil Sections 631 Corporations Act, directors' duties, civil ACCC v Origin Energy Ltd & Ors [2015] FCA 55 ACCC v Bridgestone Corporation & Ors (2010) 186 FCR 214 Advertising claims, civil Cartel, agreed facts, civil Property/Land Related Lygon Court Pty Ltd v Viva Energy Australia Pty Ltd Devine Limited & Ors v Sirianni & Ors Borg & Ors v Cobankara & Ors Boral Recycling Pty Ltd v IMPL Pty Ltd PPG Industries Australia Pty Ltd v P & K Manettas Investments Pty Ltd Batinic v Government of Ireland Property Gallery Pty Limited v Bright Partners Property Group Pty Ltd Macedonian Orthodox Church Inc v Paxevanos & Ors [2009] ACTSC 166 County Court of Victoria Prescriptive easement Land development, joint venture Land development Land development, joint venture Lease Lease Rent roll Appeal of planning decision Restructuring & Insolvency In the matter of Tatts Group Ltd Re Simonds Group Ltd (2016) 116 ACSR 130 In the matter of Spotless Group Ltd 3
4 Parties Jurisdiction Type/Claim Re Centro Retail Ltd (2011) 255 FLR 28 Aitchison Heavy Haulage Pty Ltd (in liq) v Aitchison & Ors Restructure of Centro Group, scheme of arrangement, judicial advice Liquidators, insolvency, voidable transactions, directors duties, freezing order Administrative Law Central Bayside General Practice Association Ltd v Commissioner of State Revenue (2006) 228 CLR 168 Imtrade Australia Pty Ltd v Bennet- Jenkins and APVMA Ng v Minister for Immigration and Citizenship [2007] AATA 1463 The v Minister for Immigration and Multicultural Affairs [2006] AATA 1040 Dunstan v Higham & Ors (2016) 310 FLR 58 Dunstan v Higham & Ors [2014] ACTSC 206 Dunstan v Orr & Ors (2008) 217 FCR 559 High Court of Australia Administrative Appeals Tribunal Administrative Appeals Tribunal ACT Court of Appeal Impact of Commonwealth government funding on charitable status for the purpose of State payroll tax Judicial review Merits review Merits review Appeal Misfeasance in public office, breach of contract, conspiracy, defamation Judicial review Presentations Presentations prior to joining the Bar include: Fred Prickett & Xuelin Teo, This may sting a bit: compliance, investigations and preventing conduct risk Clayton Utz Inhouse Counsel Day (2017) Xuelin Teo, An uninvited guest: what to do when the regulator comes knocking Legalwise Regulatory Enforcement Conference (2016) Xuelin Teo, What happens when things go wrong Clayton Utz Inhouse Counsel Day (2016) Xuelin Teo & Lucy Terracall, ASIC v Mariner: a D & O case study Prahran Insurance Group Seminar (2015) 4
5 Fred Prickett & Xuelin Teo, Breaches of contract: termination and other remedies Clayton Utz Inhouse Counsel Day (2013) Fred Prickett & Xuelin Teo, Bullet-proof boilerplate Clayton Utz Winter CPD Series (2012) Xuelin Teo & Sara Dennis, The Australian Consumer Law: lessons to be learnt Clayton Utz CPD Series (2012) Fred Prickett & Xuelin Teo, Australian Consumer Law: regulation and enforcement Clayton Utz Australian Consumer Law CPD Series (2010) Xuelin Teo, What you need to know when acting for/against a model litigant presentation to Clayton Utz lawyers (2010) Caroline Bush & Xuelin Teo, Recent Developments in FOI ACT Law Society Administrative Law Conference (2007) Articles Fred Prickett & Xuelin Teo, Mariner decision gives directors of bidders greater latitude when announcing takeover bids Clayton Utz Insights (2015) Xuelin Teo & Evelyn Tadros, "Knock knock, ring ring - who's there? A new regulatory regime for door-to-door and telephone sales" Clayton Utz Advertising & Marketing Law Insights (2010) Xuelin Teo & Evelyn Tadros, CSR demerger stumbles at first court hearing: section 411 Corporate Law Bulletin No 150 (2010) Caroline Bush & Xuelin Teo, "The year that was: admin law in 2007" Canberra Times Public Sector Informant (2008) Caroline Bush & Xuelin Teo, "How and when to set aside subpoenas and object to inspection" Clayton Utz Information Insights (2008) Caroline Bush & Xuelin Teo, "Freedom of Information: What will be the effect of the Rudd Government's Information Policy?" Clayton Utz Information Insights (2007) Caroline Bush & Xuelin Teo, "What to do when you receive a subpoena - when and how to hand over your agency's information" Clayton Utz Information Insights (2007) Caroline Bush & Xuelin Teo, "Government made to pay for bad behaviour" Clayton Utz Government Insights (2007) Doug Galbraith & Xuelin Teo, "Litigation implications of proportionate liability schemes for government bodies" Clayton Utz Government Insights (2007) John Carroll & Xuelin Teo "When is a charitable body not a charity?" The Canberra Times Public Sector Informant (2006) Caroline Bush & Xuelin Teo, When will a government legal officer's advice be privileged? The Canberra Times Public Sector Informant (2005) 5
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