Mr Tyson Wodak

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Tyson was admitted to practice in Victoria in May 1998 and signed the Bar Roll in November 2005.  He primarily conducts commercial litigation and advises on commercial, corporations, intellectual property and insurance issues.  He is a Graduate member of the Australian Institute of Company Directors.

Areas of particular interest include:

  • applications under the Corporations Act, particularly oppression proceedings and other shareholder/director disputes;
  • Claims arising from misleading or deceptive conduct;
  • Disputes arising out of restraint clauses in employment and sale of business contexts; and
  • Disputes arising from the intersection of intellectual property and commercial dealings (for example, proceedings involving allegations of misuse of confidential information and proceedings involving allegations of misuse of brands).

Before coming to the Bar Tyson worked as a solicitor with Phillips Fox Lawyers (now DLA Piper), as a Senior Associate with Piper Alderman and as an executive in the technology industry. He was the co-founder of an Internet-based financial services company.

Tyson's post-graduate qualifications comprise a Masters degree in Bioethics (Monash University), a Graduate Diploma in Applied Finance & Investment (Securities Institute of Australia) and completion of the Company Directors Course (Australian Institute of Company Directors).  As an undergraduate Tyson won the Mallesons Stephen Jacques Prize as the top student in The Law of Public Listed Companies.

Tyson has, since 2007, been a member of the Ethics Committee of the Peter MacCallum Cancer Centre.  



Matters in which Tyson has appeared include:



He v Huang [2017] VSCA 102
Court of Appeal  (Santamaria and Beach JJA and Keogh AJA) 

Security for costs on appeal; stay on execution of judgment pending appeal; impecuniosity of applicant



Owners Corporation Plan No. PS 409234V v Barouche & Ors [2017] VSC 143
Supreme Court of Victoria (Bell J) 

Appeal from VCAT; proportionate liability; scope of duty of care owed by solicitors



Knights Quest & Anor v Barokes & Anor (2016) 113 ACSR 505; [2016] VSC 296  
Supreme Court of Victoria (Sifris J)
(junior to Greg Harris QC)

Application by minority shareholders for leave to bring a derivative action on behalf of a company against its majority shareholder.  

Also, Daiwa Can Company v Barokes & Ors (No 3) [2016] VSC 737
Supreme Court of Victoria (Sifris J)
(junior to Greg Harris QC)

Variation of an injunction and undertakings.   

 

He v Huang [2016] VCC 1658 
County Court of Victoria (Judge Macnamara)

A lengthy trial involving the defence of claims of breaches of an oral contract, estoppel and conversion in a context of complicated and confusing oral dealings in the Chinese language. Various issues arose in the course of the trial, including the admissiblity of transcripts of a secretly-recorded converation in Chinese; an application pursuant to section 49 of the Civil Procedure Act to curtail cross-examination and the costs orders which ought be made where there was mixed success and common representation.     


Commissioner of State Revenue v Kimiora (2016) 309 FLR 277; [2016] FCCA 1229 
Federal Circuit Court of Australia (Judge Wilson)
(with Dimitri Ternovski)

Bankruptcy; issues in the swearing of an affidavit; proper basis to calculate interest in respect of judgment debts arising under the Taxation Administration Act (Vic); principles of statutory interpretation.

 

Lo and Tan v Russell [2016] VSCA 323 and [2017] VSCA 14
Court of Appeal (Warren CJ, Tate and McLeish JJA)
and
Tan and Lo v Russell [2016] VSC 93
Trial: Supreme Court of Victoria (Cameron J)

(junior to Robert Hay QC)

A dispute as to whether the purchasers of a property had validly exercised their right to 'cool off' from a purchase of property.  The case involved the interpretation of section 31 of the Sale of Land Act, consideration of the extent of the agency of a real estate agent engaged to sell a property and construction of the standard-form contract of sale of land. 

 

B J Bearings v Whitehead [2016] VSC 44
Supreme Court of Victoria (Hargrave J)

Application for preliminary discovery in the context of a dispute arising out of a sale of business restraint of trade.

 

Knight's Quest v Barokes [2015] VSC 601
Supreme Court of Victoria (Efthim AsJ)

Application by minority shareholders for leave to bring a derivative action on behalf of a company against its majority shareholder.  

 

Prestige Lifting Services v Williams & Ors (2015) 333 ALR 674; [2015] FCA 1063
Federal Court of Australia (Beach J)

Breaches of statutory duty as director, officer and employee; breaches of employment contract; breaches of duty of fidelity and good faith; breaches of fiduciary duty; breaches of equitable duty of confidence; diversion of business opportunities; knowing assistance in breaches

 

Daiwa Can Company v Barokes & Ors [2015] VSC 502
(junior to Noel Magee QC)
Supreme Court of Victoria (Sifris J)

Application for an interlocutory injunction restraining the continuation of foreign proceedings.

 

Frontlink Pty Ltd  v Commissioner of State Revenue 
(oral judgments delivered on 16 and 21 July 2015)
Trial Division of the Supreme Court of Victoria (appeal before Judd J)
Associate Judge of the Supreme Court of Victoria (application)

Application for leave to extend time for compliance with a statutory demand and an urgent appeal from a decision that time be extended on condition that moneys be paid into Court.  

 

Land Management Holdings v Sherbourne Insurance Services 
County Court of Victoria, July 2015 (Judge Bowman)

A dispute between an insured and its insurance broker.  An insurance broker provided false information to the insurer in relation to the condition of a property, notwithstanding that the insured had provided it with accurate information.  The property was destroyed by fire and the insurer refused the claim on the basis that it had been provided false information regarding the property. The broker defended the claim on the basis that the property was uninsurable.  Issues included the admissibility of expert evidence, causation and proof of loss.  

 

Kennewell v Atkins (trading as Cardinia Waste & Recyclers) [2015] FCA 716
Federal Court of Australia (Tracey J)

A general protections (adverse action) application.  Issues included whether the employee's complaints regarding his rate of pay were a substantial and operative reason for his dismissal; whether reinstatement was an appropriate remedy; how compensation ought be calculated; pecuniary penalties.

 

Commissioner of State Revenue v Carmrer Pty Ltd & Ors [2014] VSC 571
Supreme Court of Victoria (Efthim AsJ)

Application by the Commissioner for a personal costs order against a company director by reason of the director having caused delay in the course of an application to wind up companies of which he was sole director.  Order granted pursuant to the Court's general discretion as to costs and also by reason of the director's breaches of the Civil Procedure Act

 

Prestige Lifting Services v Wood [2014] VSC 465
Supreme Court of Victoria (appeal from Magistrates Court) (Ginnane J)
Solicitor's claim for fees; whether one director of a company is authorised to retain a solicitor on behalf of the company. 


Sweeney and Australian Information Commissioner and APRA
 [2014] AATA 539
(see also Re Sweeney and Australian Information Commissioner (2014) 64 AAR 186; [2014] AATA 531
Administrative Appeals Tribunal (Deputy President Constance)

Appeared for the Australian Prudential Regulation Authority in an appeal against a decision of the Australian Information Commissioner to declare Mr Sweeney a vexatious applicant pursuant to the Freedom of Information Act

 

Whijohn & Anor v Coastzone [2014] VCC 242; [2014] VCC 1402
County Court of Victoria  (Judge Cosgrave)

Consumer law; admissibility of expert evidence; competing expert (engineering) evidence; credit of witnesses.

 

Re Mischel & Co Pty Ltd (in liq) (2014) 284 FLR 320; (2014) 100 ACSR 125; [2014] VSC 140
Supreme Court of Victoria (Robson J)

Inspection of books and records of a company in liquidation

 

Vendor Advocacy Australia Pty Ltd v Seitanidis (2013) 103 IPR 1;[2013] FCA 971
Federal Court (Middleton J)

Misleading conduct, passing off,  breach of the Copyright Act  Copyright in a real estate listing authority and in the text of a website; misleading conduct and passing off in the context of descriptive names and phrases (used particularly in domain names, in website text and in Internet advertising); the relevance of proof of reputation in misleading conduct claims;  relevance and proof of the respondent's intent to take advantage of the applicant's reputation in a misleading condct claim.

Also VAA v Seitanidis (No 2) [2013] FCA 1390

Injunctions; declarations; indemnity costs; costs where nominal damages are awarded on a claim for copyright infringement; an application for damages for loss sustained by reason of an injunction. 

 

Pathway Investments v National Australia Bank [2012] VSC 429 (appearing for APRA)

(junior to Richard Niall, SC)
Supreme Court of Victoria (Pagone J)  

Objection to production of documents pursuant to a subpoena.  Appearing for the Australian Prudential Regulation Authority on an objection by APRA to the production of 'protected documents' pursuant to a subpoena for production. 

 

ACCC v TPG Internet (No 2) [2012] ATPR ¶42-402; [2012] FCA 629
(junior to Peter Riordan, SC and with Marcus Hoyne)
Federal Court (Murphy J)  

A hearing to determine the penalties to which TPG Internet ought be subject under the Trade Practices Act and Australian Consumer Law, it having been found in an earlier trial to have engaged in misleading or deceptive conduct.  

 

Giacobbe v Giacobbe [2012] VSC 285 and Re Inon Nominees (in liquidation) [2013] VSC 211
Supreme Court of Victoria (Ferguson J)

An application to wind up a trustee company on the just and equitable ground in the context of a total breakdown in the relationship between the people involved in the trust.
 

 

McLean Delmo v GEO Corporation & Georgiou [2012] VCC 511
County Court of Victoria (Judge Ginnane)  

A dispute between an accounting firm and a former salaried partner involving allegations of breach of a restraint of trade clause, misuse of confidential information and breaches of fiduciary duty.  Equitable defences were raised.

 

Gibbins Investments Pty Ltd v Savage (2011) 84 ACSR 1; [2011] FCA 527 
(with Anthony Rodbard-Bean)
Federal Court (Gordon J)

Interpretation of a company’s Constitution, breaches of contract, estoppel.

 

Nexus Adhesives & Ors ats RLA Polymers (2012) 97 IPR 160 / 2012 FCAFC 135; (2011) 280 ALR 125 / [2011] FCA 423 (junior to Josh Wilson, SC); [2011] FCA 606
Federal Court and appeal to the Full Federal Court.  

Misuse of confidential information, trade secrets; the springboard doctrine and a misleading conduct claim in the context of a new business set up by former employees in competition with their former employer.

 

JSM Management v QBE [2011] VSC 339 and [2010] VCAT 1243
(junior to Peter Riordan, SC)
Supreme Court of Victoria, VCAT. 

Insurance dispute.  Interpretation of an insurance contract.  Interpretation of 'wear and tear' and an exclusion for failure to take reasonable precautions.  

 

Taylor v Gosling & Ors [2010] VSC 75 
Supreme Court of Victoria (Hargrave J)  

Misleading conduct, proportionate liability.

 

Vigliaroni v CPS Investment Holdings Pty Ltd (2009) 74 ACSR 282; 27 ACLC 1527; [2009] VSC 428 
(junior to Noel Magee, QC)
Supreme Court of Victoria.  

A substantial corporate oppression proceeding (s232 Corporations Act).  The Court found that Mr Vigliaroni had been oppressed, and ordered that he buy out the oppressor.

Related proceedings involved the misuse of confidential information and the validity of a caveat.

 

 

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    04 May 1998
  • First Signing Bar Roll
    10 November 2005
  • Qualifications
    LL.B (Hons), BA, GDipAppFin, MBioeth, GAICD

Areas of Speciality

  • Banking & Finance
  • Corporations & Securities
  • Equity
  • Insolvency Law
  • Insurance & Professional Negligence
  • Intellectual Property & Trade Practices
  • Superannuation