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Melissa de Jongh

GDLP, LLB Hons, BEc

Senior Associate - Sydney

Areas of Expertise

Dispute Resolution & Litigation

Expertise

Melissa is a Senior Associate in the Dispute Resolution & Litigation practice group. She has a broad range of experience, including in commercial/contract disputes, regulatory matters, government/administrative law matters and class actions. Melissa has a wide range of experience in Federal and State Courts and Tribunals.

Experience

Melissa’s recent experience includes:

  • acting for and advising the Australian Securities and Investments Commission (ASIC) in relation to various regulatory matters arising under Federal legislation
  • advising a professional services firm in relation to a dispute regarding breach of terms of engagement
  • acting for and advising a company in relation to a dispute concerning alleged misuse of confidential information and intellectual property
  • acting for and advising a broadcasting organisation and its insurer in relation to a defamation claim
  • acting for and advising an international company in relation to class action proceedings in the Federal Court of Australia
  • acting on behalf of a range of Commonwealth government departments and agencies in merits review and judicial review proceedings in the Administrative Appeals Tribunal and Federal Court of Australia.


Publications

26 August 2020 - Knowledge

Federal Court confirms high bar for misfeasance in public office

#Dispute Resolution & Litigation

We examine a recent decision of the Federal Court addressing the requirements for the mental element of the tort of misfeasance in public office.

12 August 2020 - Knowledge

New NSW defamation laws: A shift in balance between free speech and the protection of individual rights?

#Dispute Resolution & Litigation, #Technology, Media & Telecommunications

Amendments to defamation law – the first since 2005 – have recently been passed by the NSW Parliament. We discuss the key changes, which are expected to be implemented nationwide.

28 April 2020 - Knowledge

Arrangements in the Federal Court during COVID-19

#Dispute Resolution & Litigation, #COVID-19

We look at some of the special measures currently in place for the continued operation of the Federal Court during the pandemic.

17 March 2020 - Knowledge

Application of common law privileges against self-incrimination and penalties in single director companies

#Dispute Resolution & Litigation

A recent court case confirms the application of common law privileges against self-incrimination can only be invoked by individuals, not corporations. How can this be applied to single director companies?

10 February 2020 - Knowledge

When is an offer a Calderbank offer? The Federal Court confirms the importance of clear intent

#Dispute Resolution & Litigation

We consider a recent Federal Court decision which confirms that for an offer of settlement to be valid as a Calderbank offer it must include an indication by the offeror that the letter may be relied upon to seek a special costs order.

15 January 2020 - Knowledge

High Court confirms legal professional privilege is an immunity – not an actionable legal right

#Dispute Resolution & Litigation

The High Court has confirmed the longstanding judicial principle that legal professional privilege is a shield, not a sword.