Nicholas Howard

Profile

Nicholas Howard practises in crime and wills and estates.

Criminal law and appeals

Nicholas has been practising in crime for 10 years and routinely appears in the Magistrates’, County and Supreme Courts. He has appeared in and provided advice about:

• contested hearings;
• contested committals and s 198B hearings;
• County Court case conferences and case assessment hearings;
• complex pleas;
• County Court appeals including Director’s appeals;
• bail applications;
• contraventions of supervision orders;
• trials (as junior counsel); and
• WorkSafe, IBAC and other regulatory matters.

Nicholas also prepares written cases and has appeared in the Court of Appeal, both unled and as junior counsel, and often advises on the merits of appeals to that court.

Immediately before signing the Bar Roll, Nicholas was a Senior Lawyer in Victoria Legal Aid’s Appeals and Strategic Litigation team and was seconded to VLA Chambers as an Associate Public Defender. In those roles, he regularly appeared as a solicitor advocate in County Court pleas, appeals, contested hearings, committals, and appeared as junior counsel in the Court of Appeal.

He frequently advised on the merits of appeals to the Court of Appeal and the High Court, and on applications for judicial review in the Supreme Court. He also advised on complex evidentiary and procedural questions, on case strategy, and on statutory interpretation.

Wills and estates

Nicholas also accepts briefs to appear and advise in probate and estate litigation, trusts as well as guardianship and administration.

Both unled and as junior counsel, Nicholas has acted in and advised about:

• family provision claims under Part IV of the Administration and Probate Act 1958;
• contested probate matters, including challenges to the validity of a will on the grounds of testamentary capacity and undue influence, as well as approvals of compromise;
• applications to remove executors and trustees;
• applications for guardianship and administration orders in VCAT;
• disputes concerning enduring powers of attorney; and
• complex questions of statutory interpretation under the Administration and Probate Act 1958.

Before coming to the Bar, Nicholas practised in property and wills and estates at a private firm in Tasmania, including guardianship and residential tenancy matters.  He also managed large and complex estates at the Tasmanian Public Trustee.

Nicholas read with Paul Smallwood. His senior mentor is Daniel Gurvich KC.