Meredith Schilling

Since coming to the Bar in 2006 Meredith has appeared as sole and junior counsel for a wide range of private and government clients in commercial, tax and administrative law matters in all Victorian Courts, VCAT, the Federal Court and the AAT.  

Meredith holds a Juris Doctor degree in law from the University of Melbourne, where she graduated with a first-class honours average and was awarded the Melbourne JD Dean's Award for the student placed first in her year.  Meredith is currently undertaking a Masters Degree in taxation law at the University of Melbourne.

Prior to coming to the Bar, Meredith was Associate to Justice Dodds-Streeton, then of the Supreme Court of Victoria.  During this period her Honour was Judge-in-Charge of the specialized Commercial List, under the Commercial and Equity Division.  

TAXATION

Meredith acts regularly for the Commissioner of Taxation, the Commissioner of State Revenue (Victoria) and for taxpayers in  recovery, appeal and review proceedings in the AAT, VCAT, County, Supreme and Federal Courts. Recent cases have included:

Deputy Commissioner of Taxation v Haritos [2011] VSC 129, sole counsel, appeal against judgment in recovery proceedings.

Deputy Commissioner of Taxation v Woods (No 2) [2010] TASSC 67, sole counsel in proceedings for recovery of tax; appeal pending; stay of proceedings or execution; court's discretion; relevant considerations.

Deputy Commissioner of Taxation v Woods [2010] TASSC 46, sole counsel in application for summary judgment; proceedings for recovery of tax; application of ss175 and 177 ITAA 36.

Cappellin & Co Pty Ltd v Commissioner of Taxation, Federal Court, 2010, Part IVC proceeding and related s39B Judiciary Act/ADJR proceedings, junior counsel to Peter Hanks QC.

Frost v Commissioner of State Revenue (Taxation) [2010] VCAT 1907; sole counsel in application relating to application of section 21(3) Duties Act 2000 (Vic)(duty concession)

Deputy Commissioner of Taxation v George Haritos [2010] VSC 275, sole counsel in application for summary judgment; proceedings for recovery of tax; application of ss175/177 ITAA 36; contract - time stipulation for performance of action; Commissioner's entitlement to terminate for breach.

Yalos Engineering Pty Ltd and Commissioner of Taxation [2010] AATA 408, sole counsel in proceeding remitted from Federal Court relating to personal services business determination; unrelated clients test.

Deputy Commissioner of Taxation v AES Services (Aust) Pty Ltd [2009] VSC 418, 2009 junior counsel to Terry Murphy SC in interlocutory application for freezing (mareva) orders. Appeared earlier as sole counsel in ex parte application for freezing orders

Deputy Commissioner of Taxation v Tzeng (James) Liao, Victorian Supreme Court, 2009, junior counsel to Elspeth Strong SC in s172 Property Law Act 1958 (Vic) cases (transfer to defeat creditors).  Appeared earlier as sole counsel in applications for ex parte and interlocutory freezing orders

Re: Project Wickenby, 2008, junior counsel to Jenny Davies SC (as her Honour then was) to prepare detailed advice.

COMMERCIAL cases include:

ALDI Stores ( A Limited Partnership) v Coles Supermarkets Australia Pty Ltd, Federal Court, 2010, junior counsel to Rodney Garratt QC acting for Coles in misleading/deceptive conduct case under the Trade Practices Act 1974 (Cth)

Rosemin Pty Ltd v Gasp Jeans Chadstone Pty Ltd [2010] FCA 228, sole counsel for respondent/cross claimant in design infringement/revocation case; see, also, Rosemin Pty Ltd v Gasp Jeans Chadstone Pty Ltd (No 2) [2010] FCA 406 (costs) 

Barry King & Anor v Freelance Global Ltd & Anor, Victorian Supreme Court, 2009, junior counsel to Tim North SC in case involving breach of contract, fiduciary obligations, confidential information and copyright infringement

Cytopia Ltd v Progen Pharmaceuticals Ltd, Federal Court of Australia, 2009, junior counsel to Rodney Garratt QC and James Elliott SC in application by shareholder group for injunction restraining the respondent from conducting general meeting·        

Southern Equity Pty Ltd v Timevale Pty Ltd, Supreme Court of NSW, 2008-9, junior counsel to Rodney Garratt QC in contract/trademark infringement case, and including interlocutory cross-vesting application: Southern Equity Pty Ltd v Timevale Pty Ltd [2008] FCA 1395

Lowe v Mack Trucks Australia Pty Limited [2008] FCA 439, junior counsel to Anthony Schlicht in merchantability/fitness for purpose case under the TPA.  See also Lowe v Mack Trucks Australia Pty Limited (No 2) [2008] FCA 711, successful application for indemnity costs

Metropolitan Fire and Emergency Services Board v Malcolm Gordon, Supreme Court, 2007, junior counsel to Rodney Garratt QC in restraint of trade/ confidential information case

MPA Motors Pty Ltd v McLeod Trees Pty Ltd [2007] VCAT 2240 junior counsel to Anthony Schlicht in retail tenancies case; see also MPA Motors Pty Ltd & Anor v D & L Schmidt Pty Ltd [2008] VSC 237, successful application for costs following discontinuance of appeal by consent

Anne Marie Hilton v Luigi Italiano & Ors, Victorian Supreme Court, 2008, junior counsel to Ian Martindale SC in professional negligence/misleading and deceptive conduct case

Main-Road Property Group Pty Ltd v Pelligra Sons Pty Ltd [2007] VSC 43 application to restrain solicitor from acting on grounds of conflict/joinder 

ADMINISTRATIVE LAW

Meredith has particular experience and interest in cases involving judicial review of decisions of medical panels constituted under the Accident Compensation Act 1985 (Vic). Cases include:        

Garry McMurtrie v Bendigo Club Inc & Ors, Victorian Supreme Court, 2010, sole counsel for applicant        

George Dounis v Dr Susanne Homolka & Ors, Victorian Supreme Court, 2010, junior counsel to Michael O'Loghlen QC

Neil Frederick Higgins v Dr David Weissman & Ors [2010] VSC 294, junior counsel to Michael O'Loghlen QC

Campbell v Adlard and Ors [2008] VSC 349, sole counsel for insurer  


INQUESTS

Inquest into the death of Martin Lim, Victorian Coroner's Court, 2010, sole counsel for Yarra Trams

Inquest into the death of Carolyn Rawlins, Victorian Coroner's Court, November 2009, sole counsel for Yarra Trams 


Meredith has tutored in contracts and civil litigation at Trinity College at the University of Melbourne, and since 2007 has been engaged as an examining advocate in the University of Melbourne Graduate Certificate in Forensic Studies (Accounting).  

Prior to undertaking her law studies, from 1987 to 2001 Meredith worked as a professional opera singer and arts administrator in Australia and the UK.

Publications/papers:

‘A questionable onus of proof in cross-vesting applications', Law Institute Journal, May 2006
 
‘The Limits of "without prejudice" protection', Legalwise Seminar, March 2009

Victorian Bar Committee memberships

• Equality & Diversity Committee

From 01/10/2009: Professional Standards Act 2003 [Vic] "Liability limited by a scheme approved under Professional Standards Legislation."