5 Wentworth

Professional Career

Mr Flecknoe-Brown commenced practice at the NSW Bar in 2011. He previously practised as a solicitor in the Competition and Dispute Resolution groups at Mallesons Stephen Jaques. There he primarily advised corporate clients on issues of regulatory and commercial law, including competition law and access regulation for telecommunications and electricity networks, constitutional issues and prospective constitutional challenges, and questions of statutory interpretation and administrative law.

Prior to that, he worked in the Australian Government Solicitor’s Office of General Counsel in Canberra, where he advised government clients on matters of constitutional and administrative law and statutory interpretation.

In 2005-06 Mr Flecknoe-Brown was Associate to the Honourable Justice W M C Gummow, AC, of the High Court of Australia, before which he worked at the Federal Court of Australia as a research officer and Associate to the Chief Justice.

Selected matters

Monis v The Queen; Droudis v The Queen [2013] HCA 4 – appeared for the appellant Droudis in an appeal challenging the constitutional validity of section 471.12 of the Criminal Code (Cth) on the ground that it infringes the implied freedom of political communication. Led by D M J Bennett QC in the appeal, and by J K Kirk SC in the special leave hearing ([2012] HCATrans 161).

In the matter of Octaviar Ltd (receivers and managers appointed) (in liq) and Octaviar Administration Pty Ltd (in liq) [2013] NSWSC 62 – appeared for the liquidators in successful defence of a motion to set aside order under s 588FF(3) of the Corporations Act 2001 (Cth), raising questions as to the operation of ss 79 and 80 of the Judiciary Act 1903 (Cth). Led by B A Coles QC and P Dowdy.

Ensham Resources Pty Ltd v AIOI Insurance Company Limited (Federal Court of Australia, NSD 1256 of 2010) – insurance claim arising out of flooding of the Ensham coal mine near Emerald, Queensland, in 2008. Led by J C Sheahan SC and C L Cochrane. Led by Cochrane on motion for production of documents raising issues of legal professional privilege: [2012] FCA 710 [2012] FCAFC 191. Settled before trial.

Bank of Western Australia Ltd v O’Brien [2012] NSWSC 456 – summary judgment obtained for an amount of $158.6 million, where arguments about Chapter III and s 109 of the Constitution and the effect of ss 79 and 80 of the Judiciary Act 1903 (Cth) were raised in opposition to the application. Led by J C Sheahan SC and P Dowdy.

CRAM Enterprises Pty Ltd & anor v Action Negotiators Pty Ltd & anor (Supreme Court of NSW, Equity Division, no. 2011/408822) – claim for equitable relief in respect of unpaid commission on sale of business. Settled before trial. Led by G K Burton SC.

SZOOR v Minister for Immigration and Citizenship [2012] FCAFC 58 (2012) 202 FCR 1 – pro bono appearance on appeal relating to claim for refugee status. Unled before Rares J sitting alone; obtained referral to the Full Court under s 25(1AA)(b) of the Federal Court of Australia Act 1976 (Cth) on account of questions of general principle arising as to the proper understanding of irrationality in jurisdictional fact-finding. Led before the Full Court by A L Tokley.

Birdon Pty Ltd v Houben Marine Pty Ltd (No 2) [2011] FCA 1313 – obtained interlocutory injunction restraining progress of adjudication under the Building and Construction Industry Security of Payment Act 1999 (NSW), on grounds of alleged misleading and deceptive conduct. Special leave application instituted to the High Court of Australia on grounds raising the constitutional validity of the NSW Act. Matter settled before trial of Federal Court proceedings and hearing of special leave application. Led by A W Street SC.

Zmudzinski v Cheapa Campa Pty Ltd and anor (Supreme Court of New South Wales, Equity Division, number 2011/174472). Unled, defending proceedings for damages for alleged misleading and deceptive conduct under the Trade Practices Act 1974 (Cth). Appeared for second defendant on motion to transfer under the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW) [2011] NSWSC 996. Matter settled at mediation.

Edwards v Santos Limited (No 3) [2011]FCA 886 – application for judicial recusal on grounds of apprehended bias, in proceedings raising questions of the effect of writs of certiorari issued by the High Court to the Federal Court. Led by J A McCarthy QC and J Kildea.