Nick Mutton

Profile

Nick practices primarily in the areas of public & administrative law, inquiries, and in regulatory and disciplinary matters. Nick also accepts briefs in planning and environment law.

Public & Administrative Law

Nick accepts briefs in all areas of public & administrative law and migration law. He welcomes briefs in merits review before VCAT and the ART, including NDIS reviews, and in discrimination matters.

Nick advises clients on areas including statutory interpretation, judicial review, public interest disclosures, freedom of information, the use of investigative powers, the conduct of inquiries, information privacy, and the disclosure of official information. He is regularly briefed to provide advice to federal, state and local government authorities.

Recent and ongoing matters in which Nick has acted include:

• Kelly v National Disability Insurance Agency [2024] FCA 1462 (NDIS – for the appellant in Federal Court appeal – led by David Kelsey-Sugg)
• DSC22 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 530 (migration – for the appellant in Federal Court appeal – unled)
• Singh v Commonwealth Ombudsman (freedom of information – for the appellant in Federal Court appeal – respondent conceded prior to hearing – led by Michael Gronow KC)
• CLB18 v Minister for Home Affairs [2023] FedCFamC2G 585 (migration - for the applicant in judicial review proceeding - unled)
• DSC22 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2g 128 (migration - for the applicant in judicial review proceeding - unled)
• Kelly and National Disability Insurance Agency [2023] AATA 776 (17 April 2023) (NDIS - for the applicant in AAT review - unled)
• CVG17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 128 (migration - for the applicant in judicial review proceeding - unled)
• Matanga and Minister for Immigration, Citizenship and Multicultural Affairs (citizenship - for the applicant in successful AAT review - reasons delivered ex tempore - unled)
• Toma and Minister for Immigration, Citizenship and Multicultural Affairs  (Migration) [2023] AATA 23 (17 January 2023) (migration - for the applicant - unled)
• EIB18 v Minister for Home Affairs (migration - for the applicant in judicial review proceeding - respondent conceded prior to hearing - unled)
• FYVY and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1513 (27 May 2021) (migration - for the applicant - unled)

Regulatory and disciplinary law

Nick represents government and private clients in criminal and quasi-criminal matters, with a focus on regulatory and disciplinary proceedings. He has experience in prosecutions by regulatory agencies (such as the EPA, VBA and WorkSafe), proceeds of crime, disciplinary inquiries, government investigations, and compulsory examinations. In his time at the bar, he has also conducted workplace investigations into harassment and misconduct. 

Having worked at the Independent Broad-based Anti-corruption Commission (IBAC), Australian Securities and Investments Commission (ASIC) and the Victorian Ombudsman’s office, Nick has particular expertise in advising on strategic and legal issues relating to commissions of inquiry and regulatory agencies.

Recent matters in which Nick has acted include:

• Appearing as counsel assisting in compulsory examinations and disciplinary inquiries
  
• Representing clients under investigation by ASIC and the NDIS Quality and Safeguards Commission
• Rose (a pseudonym) v The Queen [2022] VSCA 112 (crime - for the appellant in appeal against sentence - led by Megan Casey)
• Beckingham v Browne [2021] VSCA 362 (crime - for the respondent in appeal on a question of law - led by Chris Young KC)

Planning and environment law

Nick accepts briefs in all areas of planning and environment law, and has an interest in enforcement proceedings in these areas. He has experience in matters before VCAT, the VBA, and the Building Appeals Board, and has been briefed in a number of cases against the EPA.

Background

Prior to coming to the Bar, Nick was a Senior Lawyer at IBAC, where he advised on a range of administrative law and criminal law matters, and regularly appeared as counsel assisting in coercive examinations. He also worked as a solicitor-advocate at Victoria Legal Aid, and at ASIC and the Victorian Ombudsman's office in legal and investigative roles.

Nick holds a Bachelor of Laws (Hons) and Bachelor of Arts from Monash University, as well as a Master of Laws from the University of Melbourne.

Nick read with Peter Matthews SC.