Gary Hevey RFD

LL.M. LL.B.(Hons).
Gary Hevey RFD
  • Chambers: Floor 8, Room 808, ODCE
  • Year Admitted: 1st March, 1977
  • Year Signed Bar Roll: 1985
  • Admitted to Practice in: Victoria, South Australia, Queensland, Northern Territory, Federal Jurisdictions..
  • Phone: (03) 9225 8075
  • Facsimile: (03) 9225 6038
  • E-Mail: garyhevey@mac.com
  • Areas of Practice
    • Administrative Law
    • Aviation
    • Commercial Law
    • Common Law
    • Corporations (Company) Law
    • Courts Martial/Military Law & Tribunals
    • Criminal Law
    • Defamation
    • Disciplinary & Related Tribunals
    • Equity and Trusts
    • Family Law (Including Defacto)
    • Insurance Law
    • Intellectual Property
    • Local Government
    • Medical Negligence
    • Professional Negligence
    • Property Law/Sale of Land
    • Trade Practices
    • Veterans Affairs

Gary graduated LL.B.(Hons) from the University of Melbourne in 1976. He was admitted to the LL.M. degree in 1981.

Articles were served under Ian Murray at Mallesons in 1976. Gary was admitted to practice on 1st March 1977 and admitted to the High Court in the same month. He has since been admitted to practice in South Australia, the Northern Territory and Queensland.

Between 1977 and 1982 Gary served in the Australian Regular Army as a Legal Officer. He was the Acting Chief Legal Officer for Victoria and southern NSW during 1979 - 80 and in 1981 became Chief Legal Officer for South Australia.

During his time in Victoria Gary was involved in Courts Martial, prosecuting and defending, Boards of Inquiry, Operational Law and advice to Commanders on a number of wide ranging issues. In 1981 he was awarded a District Commander's Commendation for exemplary performance.

At the end of 1982 Gary left the Regular Army but has remained active in the Army Reserve being awarded the Reserve Force Decoration in 1994. He was appointed as a Judge Advocate and Defence Force Magistrate in October 2000 resigning that position in 2003. On 1 July 2003 Gary was appointed as the inaugural Director of Military Prosecutions, a position he held until 12 June 2006. Gary currently holds the rank of Colonel.

Gary was admitted to practice in South Australia in February 1983 and was appointed an Assistant Crown Prosecutor working with the Office of Crown Prosecutor until 1985. As a prosecutor Gary was involved in a number of serious cases including rape, serious assaults and robberies. Most prosecutions were heard before the District and Supreme Courts in South Australia. Gary also spent 12 months as Junior Counsel for the Crown in the Royal Commission into the conviction of Edward Charles Splatt for the murder of Emilia Simper.

In April 1985 Gary signed the independent Bar Roll in South Australia. He practised at the Bar until the end of 2001.

At the beginning of 2002 Gary accepted a position as In-House-Counsel for Foster Hart Lawyers in Melbourne for 12 months. His work there involved commercial litigation appearing as counsel on behalf of the firm.

At the end of 2002 Gary signed the Bar Roll in Melbourne.

Gary's main areas of practice are commercial law, criminal law, defamation and administrative law.

Gary is an adviser to Logov Risk Management Services Pty. Ltd. and through them appears on behalf of local government councils in relation to public liability claims.

Criminal law: Gary has considerable experience as both prosecution and defence counsel. He has acted as defence counsel in matters ranging from murder, rape, serious assault, drug manufacture and distribution, burglary and other property related offences.

Gary is also experienced in defending "White Collar Crime". He was involved in Hopwood & Byrnes - v - DPP which was a long running case involving the duty of directors. This case was before the CCA of South Australia on three occasions and the High Court twice on substantive issues. He was also involved in the appeals in Cheatle & Sturdy - v - DPP which involved an interpretation of section 80 of the Constitution in relation to the requirement of a unanimous verdict for offences charged on Commonwealth indictments. He also appeared before the Federal and Full Federal Courts in Emanuele v Dau which concerned the overturning of a conviction for bribery and corruption on the basis of entrapment of the accused.

Administrative Law: Gary appeared before the Blackhawk Board of Inquiry into the crash of two Blackhawk Helicopters. He also appeared before the AAT on behalf of Whyalla Airlines after one of its aircraft crashed into Spencer Gulf killing all on board.

Gary has appeared before the AAT, Federal Court and Full Federal Court on a number of Trade Practice matters including Lee Lee Pty. Ltd. ats ACCC, the first case in relation to section 51AC involving landlord and commercial tenants relations, and Nissan & Wightman ats ACCC relating to advertising and the responsibilities of Advertising Agents. He has also prosecuted and defended before the Legal Practice Disciplinary Tribunal on many occasions and represented doctors, dentists, a physiotherapist and a chiropractor in proceedings before their professional bodies.

Professional Negligence: Gary has acted for both plaintiffs and defendants in medical negligence matters. He has also acted on behalf of lawyers, dentists, architects and other professionals in relation to claims made against them.

Commercial Law: Gary has appeared in many complex contractual and corporate cases. He has led and juniored in cases involving corporate structure, leases and their interpretation, sales and purchases of commercial properties, franchises and employment disputes.

Other Interests: Gary sat on the Law Claims Panel in South Australia for six years and was a member of the Law Society of South Australia's Litigation Fund for four years. He was also a member of the Executive of the South Australian Bar Association and sat on a number of committees of the Law Society of South Australia.

Gary has held a private pilot's licence and an open water diver's licence.