Lachlan Carter

Profile

Lachlan has a broad practice incorporating commercial, public, regulatory and criminal law. He regularly advises private clients, Government Departments and Statutory Authorities. Lachlan has also been briefed to appear and advise in Royal Commissions, public inquiries (including parliamentary inquiries) and coronial inquests. 

In his regulatory practice, Lachlan has been briefed to appear and advise in proceedings arising out of investigations conducted by the ATO, ASIC, ACCC and other regulatory bodies. He is particularly interested in matters where civil and criminal law intersect, including 'white collar' crime and proceeds of crime related matters. Lachlan appears on behalf of clients at IBAC and other compulsory hearings. 

Prior to coming to the Bar, Lachlan was the Associate to the Hon. Chief Justice Ferguson and the Hon. Justice Croucher, at the Supreme Court of Victoria. He was previously a solicitor in the litigation group at Arnold Bloch Leibler. Lachlan read with Hamish Redd SC and Scott Johns KC (now his Honour Judge Johns of the County Court). 

Matters in which Lachlan has been briefed to appear or advise include:

Acting for senior Victorian Government witnesses in the Royal Commission into Past and Ongoing Injustices Experienced by Victorian First Peoples (the Yoorrook Justice Commission) (2023, ongoing), including for the:

• Treasurer of Victoria, the Hon Tim Pallas (led by D Star SC, and then E Bennett SC and P Knowles);
• Minister for Health, the Hon Mary-Anne Thomas (led by K Evans KC and P Knowles);
• Minister for Corrections, the Hon Enver Erdogan (led by G Coghlan KC, with G Cafarella); 
• Chief Health Officer of Victoria, Dr Clare Looker (led by K Evans KC and P Knowles);
• Surveyor General of Victoria, Craig Sandy (led by Dan SC and P Knowles);
• Valuer General of Victoria, Robert Marsh (led by D Star SC and P Knowles);
• Commissioner of Corrections Victoria, Larissa Strong (led by G Coghlan KC, with G Cafarella);
• Secretary and Deputy Secretary of the Department of Health, Professor Euan Wallace and Jodie Geissler (led by K Evans KC and P Knowles);
• Deputy Secretary of Youth Justice, Jodie Henderson, and the Deputy Secretary of Corrections and Justice Services, Emma Catford, (led by G Coghlan KC, with G Cafarella);
• Secretary of the Department of Jobs, Skills, Industry and Regions, Tim Ada (led by R Knowles and H Tiplady).

Acting for the Chief Commissioner of Police in:

• the Royal Commission into the Management of Police Informants (2019 – 2023);
• Mokbel v The King [2024] VSC 725 (led by S Maharaj KC, M Pekevska and J Bayly, with E Ritli) – reference determination under s 319A of the Criminal Procedure Act in which the Victorian Court of Appeal referred numerous questions to the Trial Division of the Supreme Court);
• GT v Chief Commissioner of Police [2024] VSC 824 (unled) – Application to suspend lifelong reporting obligations of a sex offender;
• Re AJ (a pseudonym) [2024] VSC 769 (unled) – application to suspend lifelong reporting obligations of a sex offender; 
• Re WD (No 3) [2024] VSC 14 (unled) – application in the parens patriae jurisdiction of the Supreme Court.
• Director of Public Prosecutions v The State of Victoria and Ors S ECI 2023 03018 (unled) – Global suppression order variation application in respect of numerous matters relating to the Royal Commission into the Management of Police Informants.

Acting for various Victorian Government witnesses in the Parliamentary Inquiry into the 2022 Flood Event in Victoria, including the:

• Managing Director of Goulburn Murray Water;
• Chief Executive Officer of the Victorian Planning Authority;
• Chief Executive Officer of Goulburn Broken Catchment Management Authority; and
• Deputy Secretary and Executive Directors of the Department of Transport and Planning. 

Acting for Global Power Generation Australia Pty Ltd in The People of the Small Town of Hawkesdale Incorporated v Minister for Planning [2021] VSC 510 (led by J Pizer QC and B Chessell SC) – judicial review of the Minister’s decision to extend a planning permit for development and use of land as wind farm.

Acting for VicForests in various proceedings in which plaintiffs sought declarations as to the legality of timber harvesting in Victoria and injunctions to restrain harvesting (led by H Redd SC), including:

• WOTCH Inc v VicForests S ECI 2020 00373;
• Flora Fauna Research Collective Inc v Secretary DELWP & VicForests SCI 2017 04392;
• Friends of Leadbeater’s Possum Inc v VicForests VID 1228 / 2017.

Acting for the insurer of a professional advisor party in Bolitho v Banskia Securities Ltd S CI 2012 7185 and Banksia Securities Limited v The Trust Company S CI 2015 01384 (led by H Redd SC) – collapse of Banksia Securities Limited and associated losses to the company and debenture-holders. Settled prior to trial.

Acting for Toll Holdings in Oakton Services Pty Ltd v Toll Holdings Limited & Ors S ECI 2017 00150 (led by H Redd SC) – dispute alleging breach of contract and misleading and deceptive conduct. Settled prior to trial.

Acting for the respondent in DPP v Semso Kraisnik S CI 2017 01725 (unled) – Defending an application by the Crown to confiscate the Respondent’s home following a finding of unfitness to stand trial in respect of a murder charge.  

Acting for a director of the corporate accused in CDPP v EB Ocean Pty Ltd, Chen and Lee CR 18-00726 (unled) – Alleged breach of the Biosecurity Act 2015 (Cth) and Criminal Code (Cth) by hindering compliance of an authorised officer and failing to carry out prescribed biosecurity activities in accordance with an approved arrangement. Charges discontinued at trial.

Acting for an employer in the Coronial Inquest into the death of Ali El Sayed COR 2019 0284 (unled) – death at a workplace by electrocution, whether the deceased was instructed to perform duties without supervision.