Background
Called to the Bar in 2010, Lachlan maintains a busy and thriving litigation practice. His areas of specialisation include common law, commercial and equity, administrative law, family provisions and family law. He is also briefed to appear in constitutional matters, as well as disputes concerning contractual interpretation, and has developed a practice acting in historical sex abuse matters.
Lachlan has been recognised in the Doyle’s Guide as a leading insurance and personal injury law junior counsel. He is often briefed in complex, high-end litigation for both claimants and insurers, including multi-national insurers on behalf of some of Australia’s largest and most well-known corporations and government bodies. He also acts for self-insured entities and individuals. The breadth of Lachlan’s client base provides him with a broad perspective when advising and representing clients. He leads junior counsel in many of his matters and has appeared unled against Senior Counsel in appellate courts, such as the New South Wales Court of Appeal and the High Court of Australia.
Lachlan often appears as sole counsel in a wide variety of matters, such as in multi-party, multi-state negligence claims, disputes concerning specific performance of international contracts, life estate disputes and appeals in superior Courts regarding character tests pursuant to applicable legislation in the sphere of migration law. He has extensive experience in negotiating successful outcomes for clients in alternative dispute resolutions, and regularly appears on their behalf in arbitrations, mediations and informal settlement conferences.
Previously, Lachlan practised as a solicitor at a boutique law firm. He has long-standing relationships with his instructing solicitors ranging from large city law firms, regional practices and sole practitioners. He is valued by his clients for his approachability and composed manner, direct advice and the speed with which he can turn around work.
Lachlan has engaged in a significant amount of pro bono work and receives public interest briefs from legal centres concerning human rights and domestic violence matters. He was previously a NSW Bar Practice Course instructor at the New South Wales Bar Association and has acted as a moot Judge at various universities across Sydney as part of student advocacy competitions. He has also written a plethora of practical articles relevant to his areas of practice.
Principal Areas Of Practice
Accolades
- 2022: Doyles Guide – Recommended Insurance & Personal Injury Law Junior Counsel, NSW
Publications
- Welcome to the Age of Keyboard Warriors (2019) 9 WR 139
- “Bullying” in common law litigation (2015) 6 WR 105
- Getting Costs in Small Cases, article for NSW Law Society Journal, 2013
- Recent Developments in Trade Practices (the more things change the more they stay the same), article published by the journals of the Law Society of Western Australia and the Law Society of Tasmania, 2011.
Speaking Engagements
- Young Lawyers Podcast on briefing counsel and advocacy tips, 2023
- Elseworthy v Fogacs – BenchTV CPD/CLE, 2019
- Section 151Z, Workers Compensation Act 1987 – BenchTV CPD/CLE, 2019
- Winning! The continued role of the advocate in a less adversarial approach to expert evidence - State Chambers CPD, 2018 (also delivered at 2018 New Zealand Legal Conference).
- Telling Porkies, An update on misleading and deceptive conduct and other commercial skullduggery – CLE Far North Coast Law Society, 2014 (also delivered to North and North West Law Society, 2014).
- Ethics Hypothetical, CLE for Schofield King Lawyers, 2013
- Clause 176, CLE for Schofield King Lawyers, 2013
- Federal Discrimination Law, CLE for Schofield King Lawyers, 2013
Select Matters
- Ritson v State of New South Wales [2023] NSWCA 226
Contractual and statutory interpretation.
- Thorn v Monteleone; Thorn v Kelly [2021] NSWCA 319
Standing of uninsured employer to seek statutory indemnity for injury to workers despite involvement of nominal insurer.
- Kelly v Thorn; Monteleone v Thorn (No 8) [2021] NSWSC 118
Standing of uninsured employers to sue for statutory indemnity against third party tortfeasors.
- Kelly v Thorn; Monteleone v Thorn (No 7) [2021] NSWSC 117
Res gestae evidence.
- Booth v Fourmeninapub Pty Ltd [2020] NSWCA 57
Competence of appeal.
- R v Alameddine [2019] NSWDC 265
Exclusion of evidence in criminal proceedings due to refusal of Police to give proper access to legal representation; right to retain solicitor of choice.
- Karabolovska v Comcare [2019] FCA 2153
Administrative law; standard of reasons required by tribunal.
- Ceric v Prosegur Australia Pty Limited [2016] FCA 1068
Breach of “no evidence” rule by tribunal.
- Cartwright v Bluescope Steel Limited & Anor [2015] HCATrans 268
High Court of Australia, resisted Special Leave application.
- Lal v Australian Administrative Services Pty Limited, unrep, 11 August 2015, NSWDC
First known NSW case to determine definition of bullying in context of common law claim for psychiatric injury against employer.