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Sanjay Schrapel

Bar : 2020

Admitted : 2011

Sanjay practices in commercial litigation, with a focus on trade practices, intellectual property, technology disputes, equity, professional negligence, and defamation.

Phone : +61 3 9225 7145

Mobile : 0405 920 040

Email : sanjay.schrapel@vicbar.com.au

Chambers : Owen Dixon Chambers West, Level 17, Room 4, 525 Lonsdale St. Melbourne VIC 3000

Expertise

Appellate

Civil Procedure Law

Commercial

Common Law and Personal Injury

Equity

Public Administrative

Sports Law

Technology and Media Law

Profile

Sanjay practices in general commercial litigation, including in trade practices, franchising, corporate disputes (complex shareholder and director disputes, corporate oppression, and insolvency), and intellectual property (trademarks and copyright). He also has experience in technology disputes (including those relating to the commercialisation of software and hardware devices), defamation, and professional negligence.

Sanjay also has an equity and estates practice, advising on and appearing in disputes involving trustees and executors, family provision claims, breach of confidence, breaches of fiduciary duties, estoppel, undue influence, unconscionable conduct and other equitable doctrines.

Sanjay holds a Master of Laws (with Distinction) from the Australian National University, a Bachelor of Laws (First Class Honours) from the University of Adelaide, and a Bachelor of Economics from the University of Adelaide. He teaches Media Law at the University of Melbourne, as well as Equity and Trusts at Monash University.

Before coming to the Bar, Sanjay was a Senior Associate at Corrs Chambers Westgarth, practising in the Commercial Litigation and Technology, Media and Telecommunications practice groups. Prior to this, Sanjay was an Associate at HWL Ebsworth in their Adelaide office. In these roles he acted for both plaintiffs and mass-media organisations in defamation disputes.

Between 2012 and 2013, Sanjay was the Associate to the Honourable Justice Vanstone in the Supreme Court of South Australia.

Sanjay is a current committee member of the Victorian Commercial Bar Association (CommBar) Intellectual Property and Trade Practices section. He is also a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) and the Communications and Media Law Association (CAMLA).

Sanjay read with Renee Sion. His senior mentor is Dr Matt Collins AM KC.

Selected Cases

Supreme Court

Lennon v Herald and Weekly Times Pty Ltd (Supreme Court of Victoria – S ECI 2020 04146). Defamation. Led by Adrian Anderson

LGL Commodities Pty Ltd (in liq) v Gadens Lawyers (Supreme Court of Victoria – S ECI 2024 03574). Professional Negligence. Led by Jonathan Evans KC

In re The Emu Company Pty Ltd (Supreme Court of Victoria – S ECI 2024 02428). Corporate Oppression. Led by Peter Cawthorn KC and Adrian Anderson

Vogue Domain Living Pty Ltd (in liq) v Somerset Creations Pty Ltd (Supreme Court of Victoria – S ECI 2022 04744). Breach of Contract. Restraint of Trade. Breach of Directors’ Duties. Breach of Fiduciary Duties. Led by Michael Bearman

Far East Consortium International Limited and Ors v HWL Ebsworth Lawyers (Supreme Court of Victoria – S ECI 2022 02978). Professional negligence. Breach of retainer. Led by David Klempfner

BC Securities Pty Ltd v HWL Ebsworth Lawyers and Anor (Supreme Court of Victoria – S ECI 2022 02976). Professional negligence. Breach of retainer. Led by David Klempfner

Berimba Pty Ltd v Schmidt (Supreme Court of Victoria – S ECI 2022 02568). Breach of Loan Agreement. Undue Influence. Unconscionable Conduct.

Prioletti Consultants Pty Ltd t/a Catalyst Training and Disability Services v Box Hill Institute and Centre for Adult Education (Supreme Court of Victoria - S ECI 2022 01559). Breach of Contract. Misleading or Deceptive Conduct. Unconscionable Conduct. Led by Michael Galvin KC

Natcorp Developments Pty Ltd v Somerset Creations Pty Ltd (Supreme Court of Victoria – S ECI 2022 00993). Breach of Contract. Breach of Guarantee. Misleading or Deceptive Conduct. Unconscionable Conduct. Led by Michael Bearman

Agent Desk Pty Ltd and Anor v Richards and Anor (Supreme Court of Victoria - S ECI 2021 03081). Procuring Breach of Contract. Misuse of Confidential Information. Breach of Directors' Duties.

Liu v Resi Ventures Leakes Pty Ltd and Ors (Supreme Court of Victoria - S ECI 2018 00488). Breach of Contract. Misleading or Deceptive Conduct. Estoppel. Professional Negligence. Led by David Klempfner.

County Court

Gulabovski v Integrity Financial Planners Pty Ltd [2021] VCC 842 - Breach of Contract. Estoppel. Assignment of causes of action. Led by Michael Galvin KC

Richards v Johnston (County Court of Victoria - CI 21 02426). Defamation.

Regional Touring Pty Ltd v S4 Productions Pty Ltd and Anor (County Court of Victoria - CI 20 03626). Breach of Contract. Frustration of Contract. Misleading or Deceptive Conduct. Estoppel.

Federal Court

Roller Networks Australia Pty Ltd v Rat Pack Adventures Pty Ltd and Ors (Federal Court of Australia – VID 517 of 2024). Breach of Contract. Breach of Confidence. Breach of Copyright. Misleading or Deceptive Conduct. Tort of Conspiracy to Injure by Unlawful Means. Led by Warwick Rothnie

In re HemaX Digital Pty Ltd (in provisional liquidation) (Federal Court of Australia – VID 1259 of 2024). Oppressive conduct. Breach of Contract. Breach of Copyright. Breach of Confidence. Winding up on just and equitable grounds. Led by Christopher Brown KC.

Bastiaan v Nine Entertainment Co. Holdings Limited and ors (Federal Court of Australia - VID471/2021). Defamation. Acting for two subpoenaed parties.

VCAT

Gunewardene v Victoria Police (Victorian Civil and Administrative Tribunal - Z824/2021). Application to review refusal of Private Security Industry Operator's Licence.

Israr v Victoria Police (Victorian Civil and Administrative Tribunal - Z719/2021). Application to review refusal of Private Security Industry Operator's Licence.

District Court

Instant Security Doors & Screens Pty Ltd v Trebilcock (No 2) [2014] SADC 186 – Breach of Contract. Misleading or Deceptive Conduct. Led by Richard Ross-Smith

Publications

Self-Care IP Holdings v Allergan Australia – “reputation” not relevant in determining trademark infringement under Trade Marks Act, s 120(1)(2023) 36 Australian Intellectual Property Law Bulletin, Issue 1
A 'non-colourable assertion' - litigating "pure" defamation claims in the Federal Court CommBar Matters, 2 September 2020
Defamation Trials: Why Plaintiffs are Rush(ing) to file in the Federal Court (with Conor O'Beirne) (2018) 37 Communications and Media Law Association Bulletin, Issue 4
Establishing a Right to Privacy in Australia: What would it look like, and how would it work? (2018) 37 Communications and Media Law Association Bulletin, Issue 4
Can journalists really promise anonymity to their sources? Gazette of Law and Journalism, 22 August 2017
Rebel Wilson v Bauer Media Pty Ltd and anor - Case Note Gazette of Law and Journalism, 10 August 2017

Memberships & Committees

Victorian Bar
Communications and Media Law Association
Victorian Commercial Bar Association (IP and Trade Practices Section, Committee Member)
Victorian Common Law Bar Association
Intellectual Property Society of Australia and New Zealand

To get in touch with Sanjay Schrapel | or for more information please contact the Clerk on:

+61 3 9225 7222

clerkb@greenslist.com.au