5 Wentworth

Professional Career

Ms Bampton has recently worked on a number of cases of note, including for shareholders on the class action brought against AWB concerning contracts with Iraq during the UN Oil for Food Programme, for Optus in a claim brought by the ACCC for misleading or deceptive advertising, and for Optus for injunctive relief against Vodafone. Ms Bampton has appeared led by a number of senior counsel, including John Sheahan SC, Justin Gleeson SC, Steven Finch SC, Ian Jackman SC, Richard Cobden SC and David Robinson SC. She has appeared in all levels of courts, including the Local, District and Supreme Courts of NSW, and the Federal and High Court of Australia.

Prior to being called to the Bar Ms Bampton was a solicitor in the Major Projects department of Maurice Blackburn. She worked primarily in large-scale litigation, predominantly in class actions.

Before coming to the law, Ms Bampton worked in International Public Health, primarily as an academic in the Faculty of Medicine, University of Sydney but also in the field on development projects. Ms Bampton continues to work as an adjunct lecturer in International Health including lecturing on international legal issues relating to public health, and has lectured on representative proceedings in the Faculty of Law, UTS.

Ms Bampton has previously worked as a law clerk at Minter Ellison Lawyers. She has done pro bono work at the Public Defenders’ Office in Sydney and on the Bali Nine death penalty cases. She continues to do pro bono work for Transparency International, particularly its Vanuatu office.

Ms Bampton has appeared with senior counsel and leading junior counsel on a number of matters, including:

Trade Practices/Competition and Consumer Law

ACCC v Emirates [2012] (Federal Court of Australia)

Ms Bampton appeared for Emirates, instructed by Allens Linklaters, with C Scerri SC and M Darke of counsel. The ACCC alleged cartel conduct against Emirates as one of a number of airlines. The matter settled prior to hearing.

Australian Competition and Consumer Commission v Singapore Airlines Cargo Pte Ltd & Ors (Federal Court of Australia)

She was instructed by Minter Ellison Lawyers for Singapore Airlines (with S Free of counsel) in this matter, regarding alleged cartel conduct by a number of international airlines.

Singtel Optus Pty Ltd v Vodafone Pty Ltd (Federal Court of Australia)

She appeared (with R Cobden SC) for Optus in the preliminary stages of an application for injunctive relief against Vodafone for alleged contraventions of s52 of the Trade Practices Act.

Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (appeal to the Full Federal Court)

Ms Bampton appeared with Justin Gleeson SC in an appeal to the Full Federal Court from the decision of Perram J imposing a pecuniary penalty on Singtel Optus for contravention of section 55A of the Trade Practices Act. The appeal was allowed.

Australian Competition and Consumer Commission v Singtel Optus Pty Ltd [2010] FCA 1177 (Federal Court of Australia)

Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 2) [2010] FCA 1200

Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 3) [2010] FCA 1272

Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4)[2010] FCA 761

She appeared (with S Finch SC) before Perram J, acting for Optus in proceedings brought by the ACCC. The case concerned a claim by the ACCC that certain Optus advertisements regarding the provision of broadband services contravened ss 52, 53(aa) and 55A of the Trade Practices Act, as well as whether injunctions and corrective advertising should be granted, and pecuniary penalties awarded. The case also involved applications for confidentiality orders pursuant to section 50 of the Federal Court of Australia Act.

Australian Competition and Consumer Commission v Link Solutions Pty Ltd (No 2) [2010] FCA 919 (Federal Court of Australia)

She appeared (with M Darke of counsel) in the Federal Court of Australia before Bennett J, for the Fifth, Twenty-Fifth, Twenty-Sixth, Twenty-Seventh and Twenty-Eighth Respondents in a case concerning alleged third line forcing.

Frederick Schulman & Anor v Abbott Tout Lawyers (A Firm) t/as Abbott Tout Solicitors (Federal Court of Australia)

She appeared with MBJ Lee of counsel before Rares J in a claim for breaches of s52 of the Trade Practices Act. The matter settled following trial but prior to judgment.

Zmudzinski v Apollo Motor Home Holidays Pty Lt (Supreme Court of NSW, Equity Division, instructed by Legal Aid), Ms Bampton is acting for the applicant in a Contracts Review Act/Unfair Contract Terms dispute), also involving a claim for misleading or deceptive conduct. In an interlocutory process, Ms Bampton successfully resisted an application by the first defendant to transfer the proceedings to another jurisdiction.

Corporations/Commercial

John & Kaye Watson v AWB Limited (AWB shareholder class action) (Federal Court of Australia)

She appeared (with J Sheahan SC and MBJ Lee of counsel) before Foster J for the applicants on a class action brought by shareholders against AWB Limited. The class action involved alleged breaches of non-disclosure and misleading and deceptive conduct provisions arising out of AWB’s involvement in the Iraq Oil for Food Programme.

Secure Funding Pty Limited v Insurance Australia Limited [2010] FCA 1094 (1 October 2010) (Federal Court of Australia, Victorian Registry)

She appeared (led by MBJ Lee of Counsel) for the respondent in the Federal Court of Australia (Victorian Registry) before Middleton J, regarding the responsiveness of a policy of insurance and interpretation of section 48 of the Insurance Contracts Act 1984 (Cth).

Coastline Constructions (Aust) Pty Ltd & Ors v Kakavas & Ors [2009] NSWSC 1438 (Supreme Court of NSW)

She appeared (with D Robinson SC and M Darke) for Mr Kakavas in a hearing in the Supreme Court of NSW before Schmidt J. The proceeding concerned claims in restitution, contract, conversion and a cross-claim for damages for assault.

HL Holdings Pty Limited (deregistered) v ASIC [2012] (Supreme Court of NSW, Equity Division). Ms Bampton is acting for the plaintiff in an application pursuant to the Corporations Act for the company to be reinstated.

Intellectual Property

E & J Gallo Winery v Lion Nathan Australia Pty Limited [2009] HCATrans 180 (31 July 2009) (High Court of Australia)

She appeared (with I Jackman SC and M Darke of counsel) for the applicant in an application to the High Court of Australia for special leave regarding a trade mark dispute. She also appeared with M Darke in related proceedings in the Trade Marks Office (+E & J Gallo Winery v Lion Nathan Australia Pty Limited+ [2009] ATMO 87 (31 October 2009).

Trend Imports Pty Limited v PW Trading Pty Limited (Federal Court of Australia, Robertson J)

She is currently appearing (with S Jacobs of counsel) for the applicant in a claim for trade mark infringement, passing off and misleading or deceptive conduct.

OrangeTee.com Pte Limited & Anor v OrangeTee Australia Pty Limited & Ors (Federal Court of Australia)

She is currently appearing (with J Cooke of counsel) for the Respondents and cross-claimants in relation to a claim for passing off, misleading or deceptive conduct and breach of contract. Ms Bampton is also briefed in related Trade Marks Office opposition proceedings.

Other Cases

Ms Bampton also has been, or is currently, briefed as sole counsel on a number of matters in the Supreme Court of New South Wales, the District and Local Courts, and the CTTT. A selection of those cases include:

Colby v AWTR/U-Haul Pty Limited & Ors [2012] (CTTT, instructed by Legal Aid). Ms Bampton is acting for the applicant in proceedings concerning the breach of statutory warranties pursuant to the Australian Consumer Law.

SX Interiors Pty Limited v MasterGlass Pty Limited [2012] (Local Court, acting for plaintiff). Ms Bampton successfully sought that the Court set aside a judgment arising from an adjudication under the Building and Construction Industry Security of Payment Act, and also successfully sought that the Court set aside a garnishee order over the plaintiff’s property.

Lawford v Sydney Essential Oil Company
Before Fair work Australia, Ms Bampton, acting for the employer, successfully opposed an application by an employee to lodge an application for unfair dismissal out of time.

Baydarry Painting Services v Kenthurst Constructions Pty Ltd (Local Court, acting for the defendant and cross-claimant in a building and construction contractual dispute. The matter settled during trial);

Black v Cornish (Supreme Court of NSW, Equity Division, acting for the plaintiff in a claim for the specific performance of a land contract);

Bosco v Gabosco Pty Limited, as trustee of Gabosco Discretionary Trust (Supreme Court of NSW, Equity Division, acting for the plaintiff in a dispute over access to trust records);

East Sydney Property Development Pty Ltd v Short Street Developments Pty Ltd (Supreme Court of NSW, Equity Division, acting for the plaintiff in a dispute over the construction of a Deed);

Majidi v Owners Corporation SP34832 (CTTT, acting for the applicant in a strata scheme dispute);

Martiradonna v State of NSW (instructed by Legal Aid, acting for the applicant on a false imprisonment claim);

Mariner Securities Limited v Elali & Easy Choice Home Loans Pty Ltd (District Court, acting for the applicant in a contractual dispute);

NAB v Samaseia (Supreme Court of NSW, instructed by Legal Aid, acting for the defendant in a possession matter);

Verge Solutions Pty Ltd v Prosys Services Pty Ltd (Local Court, acting for the defendant in a building and construction contractual dispute. The matter settled at trial);

Venkatesan & Ors v Vuckovic & Anor (District Court, acting for the second defendant in a retail lease and guarantee dispute);