Ph: (03) 9225 7222

Andrew Yuile

Contact

  • Telephone: 9225 8573
  • Fax: 9225 8485
  • E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
  • Chambers: Level 22, Room 12, Owen Dixon Chambers West
  • Admitted to Practice: 14 December 2007
  • Signed Victorian Bar Roll: 22 October 2015
From 30 Oct 2015, liability limited by a scheme approved under Professional Standards legislation.

Barrister Profile

Andrew has a strong background in public law, predominantly administrative law, human rights and discrimination, immunities, constitutional law and international law. He is also experienced in general commercial law, including commercial arbitrations, contract disputes, competition, and consumer protection.

Since coming to the Bar, Andrew has been briefed in a wide range of matters, including small and large matters in the Magistrates Court, the County Court and the Federal Court. He has prepared a number of advices for the private sector and for government, including on matters of commercial law, administrative law and Victorian constitutional law, including with the Victorian Solicitor-General, Richard Niall SC. 

Andrew’s recent appearances include:

-        MZZYK v Minister for Immigration and Border Protection [2016] FCA 594 (Federal Court, immigration), for the Minister, unled.

-        Plaintiff S99/2016 v Minister for Immigration and Border Protection [2016] FCA 483 (Federal Court, tort and immigration), for the Minister, led by Geoffrey Kennett SC and Patrick Knowles.

-        Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (In Liquidation) (No 3) [2016] FCA 284 (Federal Court, penalties for contraventions, trust law, constitutional law), for interveners, led by Ron Merkel QC. Appeal pending.

-        DPP v D’Amico, ongoing (County Court, pre-trial argument, return of subpoenas and public interest immunity), for Australian Federal Police, unled.

Andrew is also briefed for the Commonwealth in Apotex Pty Ltd and others v Sanofi and others, Federal Court, ongoing (claim on undertakings given in patent proceedings), led by Tom Howe QC, Fiona Roughley, Patrick Knowles and Naomi Oreb.

Andrew is a monitor of the international law section of the Commercial Bar Association and writes a regular summary of High Court cases for the Victorian Law Institute Journal.

Before coming to the Bar, Andrew was Counsel Assisting the Commonwealth Solicitor-General, Justin Gleeson SC (2014-2015). In that role, he was briefed as junior counsel for the Commonwealth Attorney-General in Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 326 ALR 396 (High Court, foreign state immunity) and assisted the Solicitor-General in his preparation of significant matters in the High Court, appellate courts and international courts, across a number of areas of law, including:

-        Commonwealth v Director, Fair Work Building Industry Inspectorate & Ors (Full Federal Court and High Court; agreed penalties in civil penalties cases);

-        Commissioner of Taxation v Australian Building Systems Pty Ltd (In Liquidation) (High Court; tax and statutory interpretation);

-        AstraZeneca AB & Anor v Apotex Pty Ltd (High Court, intervention; patents and obviousness/inventive step);

-        Commonwealth v Sanofi-Aventis (Federal Court; claim on undertaking as to damages following finding of patent invalidity; statutory construction);

-        Commissioner of the AFP v Zhao (High Court; proceeds of crime, self-incrimination, right to fair trial);

-        CPCF v Minister for Immigration (High Court; constitutional law, executive power; scope of the Maritime Powers Act);

-        Duncan, NuCoal and Cascade Coal v NSW (High Court, intervention; constitutional law, powers of NSW Parliament);

-        Macoun v Commissioner of Taxation (High Court; immunity from tax of World Bank official);

-        Queensland Nickel v Commonwealth (High Court; constitutional law, discrimination and preference);

-        International arbitration against Timor-Leste (Permanent Court of Arbitration);

-        Seizure and Detention of Documents Case (Timor-Leste v Australia) (International Court of Justice; customary international law, client legal privilege, national security).

Andrew also co-authored advice with the Solicitor-General and assisted in the preparation of advice to government at the highest level.

Before working with the Solicitor-General, Andrew worked in the Office of General Counsel in the Australian Government Solicitor (2010-2014), where he ran a number of significant matters in the High Court and Federal Court, including:

-        Fortescue Metals Group v Commonwealth (High Court; constitutional law, discrimination, preference, bounties)

-        Ure v Commonwealth (Federal Court; international law, constitutional law, acquisition of property)

-        Maloney v The Queen (High Court, intervention; application of the Racial Discrimination Act and “special measures”)

-        Lee v NSW Crime Commission (High Court, intervention; self-incrimination privilege, statutory interpretation, right to a fair trial)

In addition, he provided advice to government on matters of federal jurisdiction, international law, constitutional law and other areas of public law.

Prior to joining AGS, Andrew worked for Clayton Utz Brisbane as part of their commercial litigation team (2009-2010).

Andrew also served as Associate to the Honourable Justice Spender of the Federal Court in Brisbane (2008-2009).

Andrew graduated from the ANU in 2007 and holds a BA (with distinction), LLB (first class honours) and GDLP (with distinction).

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