Toby Mullen

Profile

Toby accepts briefs in a range of commercial and defamation related matters.

He has specialist expertise in:

• defamation law, where he is recognised as a leading senior junior, often acting in high-profile or legally significant matters, for both plaintiffs and defendants;
• professional negligence claims, where he regularly acts for insured professionals, such as lawyers, engineers, architects and building surveyors;
• construction, projects and other major building disputes;
• general commercial disputes, particularly those based on contractual, equitable, Australian Consumer Law and negligence claims, as well as some property and corporations’ matters; and
• civil procedure and ADR, including arbitration, mediation and expert determinations.

Toby often appears (led and unled) in interlocutory applications, trials and appeals, most often in the Supreme Court of Victoria, Federal Court of Australia and Victorian Court of Appeal, but also in arbitrations (domestic and international), expert determinations, the County Court of Victoria, other Supreme Courts and at the VCAT. He is regularly briefed to appear against silk and/or with juniors. Toby has also acted as a mediator in both commercial and defamation disputes. 

While commercial, strategic and client focussed, Toby also has a strong interest in and knowledge of the law in his specialist areas.  He has a Masters of Commercial Law from Melbourne University, regularly presents to both the profession and law students at various institutions, and has contributed to professional publications and law reform, including through the Victorian Bar’s working groups on defamation law reform.

Prior to coming to the Bar, Toby was a solicitor at Clayton Utz (Melbourne and Sydney) and the Associate to the Hon Justice Neave AO at the Victorian Court of Appeal.