Justin Wheelahan practises in intellectual property, general commercial law, and administrative law. Justin is available for trial, interlocutory and advisory work.
Intellectual Property
Justin accepts briefs to advise and appear in copyright, designs, trade mark, misleading and deceptive conduct and passing off claims. Justin has a LLM (IP) from Monash and is a contributing author to the confidential information section of Lahore's Patents, Trade Marks & Related Rights/Confidential Information.
General Commercial
Justin has acted on behalf of government agencies, companies, insurers and individuals in relation to contract, injurious falsehood, defamation, ACL, estoppel, and breach of confidence claims. Justin also appears for professionals charged with disciplinary offences before administrative tribunals, and in appeals from the AAT to the Federal Court.
Appellate Advocacy
Justin is an experienced appellate advocate. He appeared on the High Court special leave application in MARA v Frugtniet [2018] FCAFC, and in Callychurn v ASIC [2017] FCAFC led by Michael O'Bryan QC. Justin appeared in Marasco v R [2016] VSCA 85; SM v R [2011] VSCA 332 (led by his late mentor, Lachlan Carter); and CW v R [2010] VSCA 288, and as junior counsel in the High Court (led by Chris Boyce) in Clayton v R [2006] 231 ALR 500.
Trial Advocacy
Justin has a background in the criminal law running jury trials for the defence and prosecution. He has defended company directors charged with breaches of the Corporations Act by ASIC and has prosecuted complex fraud and money laundering cases. In Charters v The Queen [2012] VSCA 318 (which Justin defended at trial) Maxwell P said “The case was defended with vigour and thoroughness by defence counsel.” Justin is an experienced trial advocate and cross-examiner, and has an Indictable Crime Certificate.
Public Interest Litigation
Justin appeared as junior counsel with Julian Burnside QC in FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63, an interlocutory application to remove a minor from Nauru for medical treatment. He also appeared in BXG18 for BXD18, and ESZ18 and ETA18 v Minister of Home Affairs and Commonwealth of Australia.
Justin is a reporter for the Victorian Reports and co-editor of the Victorian Bar News with Natalie Hickey and Annette Charak.
Memberships: IPSANZ, Commbar, CBA and AIAL.
