Profile

Mr. Twidale is a Barrister-at-Law and is a member of the Victorian Bar.  He holds a Bachelor of Laws and a Bachelor of Business Information Systems degree from Monash University.

Prior to being admitted to practice in 2009, Mr. Twidale worked for around five years in the banking and finance industry (ANZ Bank and National Australia Bank). After working as a solicitor for a commercial litigation firm and the Department of Human Services, in 2011 Mr. Twidale signed the bar roll and read with Mr. Will Alstergren QC (now Chief Judge of the Federal Circuit Court of Australia and Family Court of Australia). Mr. Twidale practices primarily in commercial litigation, professional negligence, property disputes (incl. trusts), banking/finance litigation and intellectual property matters.  He also practices in arbitration.

Mr. Twidale has considerable trial experience.  His notable cases include:

  • Sharma v Victorian WorkCover Authority (2012) 36 VR 318; [2012] VSCA 254 – Victorian Supreme Court  – Court of Appeal decision on scope of ss 60(2) and 60(4) of the Bankruptcy Act 1966 (Cth).
  • Jeffrey-Potts v Garel [2012] VSC 237 – Victorian Supreme Court trial on Baumgartner constructive trusts (twenty day trial).
  • Soia & Ors v Bennett – various judgments, but see : Soia v Bennett [No 5] [2012] WASC 289 – Western Australia Supreme Court trial on a failed joint venture (trial exceeding forty sitting days).
  • Sutherland v Globe Real Estate Pty Ltd & Ors [2018] VSC 408 – Victorian Supreme Court case concerning a Plaintiff’s entitlement to legal costs and statutory interest.
  • Course v Hannan & Ors [2018] VSC 401 – a judgment of the Victorian Supreme Court concerning a Plaintiff’s rights to claim their legal costs after filing a notice of discontinuance some four years after issuing their proceeding.
  • Macdonald v Harmonious Blend Building Corporation Pty Ltd (Building and Property) [2016] VCAT 1556 – Case on whether the parties entered into a binding settlement agreement and whether the settlement agreement discharged the parties’ rights and obligations under the original building contract.  Case also dealt with election, specifically whether performance of the original building contract constitutes an election to rescind the settlement agreement.
  • R J & C Holdings Pty Ltd v Parkside Developments Vic Pty Ltd [2016] VCC 237 – County Court of Victoria – Case regarding abandonment of easement and trespass to land.
  • Gluyas v Canby [2015] VSC 11 – Victorian Supreme Court trial on defamation over the internet (alleged defamatory material published outside of Australia).
  • Australian Vocational Driving Institute Pty Ltd v State of Victoria; State of Victoria v Austwide Institute of Training Pty Ltd [2014] VCC 480 – County Court of Victoria – Scope of obligations imposed by Harman v Secretary of State for the Home Department[1983] 1 AC 280; alleged breach of Harman.

Mr. Twidale volunteers for Springvale Monash Legal Service (SMLS) (he commenced volunteering around 2007) and he is presently a supervisor.

Full CV available upon request.

Liability limited by a scheme approved under professional standards legislation.