John Maloney Barrister

John Maloney

BAR:
2016
ADMITTED:
2012

Owen Dixon Chambers West

Room 0126

525 Lonsdale Street

Melbourne VIC 3000

  • Victorian Bar Profile
  • PDF download

Profile

John practises mainly in public law, including administrative and criminal matters.


Before coming to the Bar, John was Senior Associate to the Honourable Justice Maxwell AC, President of the Court of Appeal. He has also worked on the Royal Commission into Family Violence; in legal policy at the Victorian Department of Premier and Cabinet; and in commercial and public law in Melbourne, Adelaide and London.


John has a masters in philosophy (BPhil) from the University of Oxford. He teaches legal theory at the University of Melbourne. He has served as a member of the Policy Committee of Liberty Victoria, and the Bar’s Equality and Diversity Committee.


John read with Richard Knowles QC and his senior mentor was Christopher Winneke QC.


Listed below are some recent matters in which John has been briefed.


Public and administrative matters


  • Royal Commission into the Management of Police Informants: acted as a consultant to the Commission, with a particular focus on proceedings potentially affected by the conduct of Ms Nicola Gobbo as a human source.
  • Coronial inquest into the deaths of Matthew Poh Chuan Si, Thalia Hakin, Yosuke Kanno, Jess Mudie, Zachary Matthew Bryant and Bhavita Patel ('Bourke Street Inquest’): acted for Mr Frank Caridi (with Dr Kristine Hanscombe QC, Kate Bowshell and Stella Gold).
  • Acted for requested persons in extradition proceedings: see, e.g., Traljesic v Bosnia & Herzegovina [2017] HCATrans 23 (led by Lisa De Ferrari SC); Ghodskani v United States of America (VID 19/2019) (led by Claire Harris QC).
  • Acted for 63 complainants in proceedings against the Commonwealth in the United Nations Human Rights Committee, concerning the separation of families seeking asylum in Australia (led by Kylie Evans).

Regularly briefed by the Victorian Government and associated entities, including:


  • Advising the Victorian Government’s Expert Panel on Terrorism and Violent Extremism
  • Advising the Department of Justice and Community Safety on secretarial and departmental powers relating to youth justice (led by Liam Brown, now Crown Counsel for the State of Victoria)
  • Advising and appearing for the Essential Services Commission in proceedings arising under the Freedom of Information Act 1982 (Vic)
  • Advising and appearing for the Director of Housing in proceedings arising under the Residential Tenancies Act 1997 (Vic)  
  • Advising a social housing provider in proceedings arising under the Charter of Human Rights and Responsibilities Act 2006 (Vic) and the Residential Tenancies Act 1997 (Vic) (led by Kylie Evans).

Regularly briefed in appeals, judicial review and merits review proceedings under the Migration Act 1958 (Cth), including:


  • Zakia v Minister for Home Affairs (M83/2020) (Minister conceded)
  • Huynh v Minister for Home Affairs (M44/2019) (Minister conceded)
  • CPC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (VID 382/2020) (Minister conceded)
  • Wytrwal v Minister for Home Affairs (VID 1348/2018) (Minister conceded)
  • FWU18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (MLG 3422/2018) (Minister conceded)
  • CGQ15 v Minister for Immigration and Border Protection (MLG 2444/2015) (Minister conceded)
  • Kumar v Minister for Immigration and Border Protection (2020) 274 FCR 646
  • AAL19 v Minister for Home Affairs [2020] FCAFC 114
  • ASB17 v Minister for Home Affairs (2019) 268 FCR 271 (led by Richard Knowles QC)
  • DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91
  • CCB16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 183
  • CHP16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1818
  • Kouro v Minister Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1861 
  • Proceedings arising from visa cancellations/refusals under the character provisions of the Act: McLeod and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 400, JZNV and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] AATA 3800, FGHG and Minister for Home Affairs [2019] AATA 329, TGDR and Minister for Home Affairs [2019] AATA 4086.

Criminal matters


  • Appeared for the accused in DPP v Arslan (CR 16-01041), a trial for intentionally causing serious injury, ending in acquittal (led by Ruth Shann)
  • Appeared for the appellant in Bouch v The Queen (2017) 270 A Crim R 478, an appeal before a bench of five in the Court of Appeal against conviction for culpable driving causing death and dangerous driving causing serious injury (led by Theo Kassimatis QC)
  • Appeared for the appellant in Madafferi v The Queen [2017] VSCA 302, an appeal against conviction for federal drug trafficking offences (led by Christopher Dane QC and Marcus Dempsey).

To get in touch with John Maloney | or for more information please contact the Clerk on: +61 3 9225 7222 or clerkb@greenslist.com.au