Justin is a Melbourne based barrister practising in intellectual property, commercial law, and administrative law. Some recent cases Justin has appeared in include Minister for Home Affairs & Anor v FRX17 as Litigation Representative for FRM17  HCA 43 (led by Geoffrey Watson SC) and Frugtniet v ASIC  HCA 16 (led by Michael O’Bryan QC, now Justice O’Bryan). Justin has a Masters in Intellectual Property Law from Monash University, and is a contributing author to the confidential information section of Lahore’s Trade Marks, Patents and Confidential Information and Related Rights LexisNexis loose-leaf service.
Justin Wheelahan has a broad practice across general commercial matters, intellectual property, and public, regulatory and administrative law. He accepts briefs in all courts and tribunals across state and federal jurisdictions.
Justin maintains a strong intellectual property practice. He accepts briefs to advise and litigate in all aspects of intellectual property law, such as copyright, trade mark, design, patent, breach of confidence, passing off, and ACL disputes — including injunctions and mediations. Justin has a Masters of Law (IP) with first class honours from Monash University, and is a contributing author to Lahore’s Trade Marks, Patents and Confidential Information and Related Rights published by LexisNexis.
Justin’s general commercial practice includes advice and litigation, particularly in disputes involving contracts, equity, unconscionable conduct, misleading and deceptive conduct, breaches of employees duties under the Corporations Act, and insolvency related matters. He also regularly advises and appears in defamation actions, injurious falsehood claims, and suppression order applications.
Justin has acted for corporations, company directors and professionals in a range of quasi-criminal regulatory matters before disciplinary tribunals and courts, and in the review jurisdiction of the AAT and VCAT. His public and administrative law practice extends to judicial review and appellate matters. Justin appeared as counsel in MARA v Frugtniet (2018) 259 FCR 219 and on the special leave application from that decision, and as junior counsel in Frugtniet v ASIC (2019) 266 CLR 250 led by Michael O’Bryan QC (now Justice O’Bryan J), and as junior counsel in Minister for Home Affairs v FRX17 (2020) 270 CLR 302 led by Geoffrey Watson SC.
Justin has a background running complex indictable corporate fraud and regulatory jury trials, acting for both the prosecution and the defence. Justin is an experienced cross-examiner with a thorough understanding of expert evidence and how the rules of evidence apply at trial. He is uniquely placed to advise in matters involving the intersection of the criminal law with the civil law. Justin has appeared and advised in contempt proceeding arising out of intellectual property litigation and offences against the Copyright Act and Trade Marks Act, and regulatory prosecutions — including OHS prosecutions and WorkCover fraud.
Justin is a former member of the Victorian Bar Council, Ethics Committee and News Committee. He is a current a member of IPSANZ, Commbar and the Australian Institute of Administrative Law.
*Liability limited by a scheme approved under Professional Standards legislation