Stephen Howells

Particular Areas of Expertise.

Stephen Howells has particular expertise in commercial disputes involving civil fraud and breach of equitable duties. He has appeared in major litigation involving real property restitution in Germany, Czech Republic, Poland and other eastern European countries.

Stephen conducts practice in London and Australia. He served as a statutory regulator of Gaming in Australia and continues to practice in that field. He has also appeared regularly in applications for judicial review and in industrial and employment cases.

Stephen has extensive experience in civil protest law and false imprisonment. He is an accredited mediator and is approved for receipt of instructions by public access.

Recent cases of importance.

2009
Talacko Ors v Talacko [2009] VSC 98 (25 March 2009) Equitable Compensation, Property in Czech Republic valued at EU30 million, Appointment of Special Referee, Applications for Stay and Anti-Suit Injunction, Application of Czech Civil Code, Czech Commercial Code, Czech Data Protection Act, European Convention on Human Rights, European Privacy Law.

Re Percy Island [2009] Claims concerning ownership of pastoral lease to substantial Island on North East coast of Australia. Natural Resources Management and Environment legislation.

Re South Australia v Victoria [2009] Constitutional challenge to legislation regulating the Murray-Darling River Basin, Restraint of Trade, Riparian rights applicable to States, Natural Resources and Water law.

2008
Talacko Ors v Talacko [2008] VSCA 229 (21 November 2008) Equitable Compensation, Costs, Appeal.

Talacko Ors v Talacko [2008] VSC 246 (27 June 2008) Application for Permanent Stay based on the existence of foreign proceedings, as an abusive process, Conflict of laws anti-suit injunction, undertakings.

Talacko Ors v Talacko [2008] VSC 128 (24 April 2008) Breach of Court sanctioned terms of settlement, Dispute concerning ownership of real property in Czech Republic, Germany and Slovakia, Reinstatement of proceedings for enforcement of settlement, construction
of terms and repudiation, Breach of Fiduciary duty, Equitable compensation.

The Alexandros T [2008] Shipping, total casualty, insurance claims, Indemnification by P&I club, Conspiracy causing loss by unlawful means.

Re Jupiters Casino [2008] Gaming Law, breach of regulation, Licensing, Public Interest and harm prevention.

2007
The Alexandros T [2007] Shipping, total casualty, insurance claims, Indemnification by P&I club, Conspiracy causing loss by unlawful means.

2006
Gunns Ltd v Marr (No.2) [2006] VSC 329 (28 August 2006) Civil Protest, Conspiracy, Causing loss by unlawful means, OBG v Allan claims.

2005
Gunns Ltd v Marr [2005] VSC 251 (18 July 2005) Civil Protest, Conspiracy, Causing loss by unlawful means, OBG v Allan claims.

Amcor Ltd v CFMEU [2005] HCA 10, (2005) 222 CLR 241 Industrial law, Certified agreement, Corporate demerger, Business transferred to subsidiary and employees immediately re-employed on same terms and conditions, Change in identity of employer though no change in duties of employees, Whether positions in a business had become redundant and employees had been retrenched, Whether employees entitled to redundancy payments under the agreement, Relevance of termination and succession provisions.

2004
McFadzean v Calvert (No.2) [2004] VSC 480 (25 November 2004) Costs, Claim and Counterclaim, Offers of compromise, Acceptance of offer of compromise on Counterclaim, Costs consequences, Provision for set-off as between damages and costs.

McFadzean v Calvert [2004] VSC 289 (19 August 2004) Torts, Conspiracy, False imprisonment, availability of means of egress, Intentional infliction of harm, Measure of ordinary compensatory damages, Whether aggravated compensatory damages or exemplary
damages should be awarded, Public nuisance, whether obstruction to passage of vehicles or pedestrians, Assault and battery.

Electrolux Home Products v AWU [2004] HCA 20, (2204) 221 CLR 309 Industrial and Employment law, Industrial action in support of claims in respect of proposed collective agreement, Judicial Review, Statutes, Presumption against abrogation of common law rights, Presumption against depriving persons of access to courts, Scope of interpretative presumptions.

2003
Burgess Ors v Mount Thorley Operations [2003] NSWIRComm 432 (12 December 2003) Industrial and Employment law, Redundancy, Damages.

Queensland Department of Health v Mater Misericordiae Health Services Brisbane Limited - PR931289 [2003] AIRC 518 (16 May 2003) Industrial and employment, Enterprise bargaining, Collective Agreement, Awards.

Amcor v CFMEU [2003] FCAFC 57 (28 March 2003) Certified Agreement, Transfer of employees' employment by restructure, whether award applied.

2002
ANF v Tasmania [2002] FCA 1573 (18 December 2002) Application for a penalty under industrial and employment legislation, Collective Agreement.

AMEU v Electrolux Home Products [2002] FCAFC 199 (21 June 2002) Industrial action, Whether particular industrial action was "protected action" under industrial legislation.

Linett v AEU [2002] FCAFC 30; [2002] FCA 157 (15 March 2002) Application for registration of organisation, Registration refused by Industrial Tribunal, Application for Prerogative Relief against Industrial Tribunal, whether tribunal erred in law, whether error was jurisdictional. Error within jurisdiction or error permitting Judicial Review.

2001
Electrolux Home Products v AWU [2001] FCA 1840 (20 December 2001) Industrial Action, Appropriate declaratory relief, Judicial Review.

Electrolux Home Products v AWU [2001] FCA 1600 (14 November 2001) Whether industrial action to support or advance claims in respect of a proposed certified agreement was protected action, whether claims against an employer to protect and secure employee entitlements, whether bargaining agent's fee payable by non-union members, are claims pertaining to the relationship of the employer and its employees.

Thomas v Hanson [2001] FCA 539 (9 May 2001) Confidential nature of membership records, Right to inspect and make copies of records or to remove original records without Secretary's written consent, Unincorporated Associations.

CFMEU v AIRC [2001] HCA 16, (2001) 230 CLR 645 (15 March 2001) Judicial Review, Review of decision of Industrial Tribunal, Collective Agreement, Validity of Award, Statutory entitlement to costs.

1999
Adlam v Noack [1999] FCA 1230 (8 September 1999) Civil Contempt, Breach of Court Order, Burden of Proof in Civil Contempt Proceeding.

CPSU v Crown, in Right of Victoria [1999] FCA 744 (7 June 1999) Industrial and Employment law, interlocutory relief, Judicial Review

Interests

Skiing, Sailing, Politics, Music.