Richard Monteleone

Expertise

Richard is a government lawyer with expertise in advising on all facets of administrative law, AAT and Judicial Reviews, and protecting sensitive Commonwealth information in legal proceedings and processes, including in response to civil discovery, criminal disclosure, subpoenas and FOI requests.

Experience

Richard’s experience includes:

• 28 years’ private and Commonwealth experience
• over 12 years as a Commonwealth senior litigator within the Attorney-General’s and Home Affairs’ portfolios
• over two years managing a Commonwealth litigation branch
• managed national teams and the enforcement of Commonwealth laws and sanctions in close collaboration with domestic and international partner agencies
• Feb – Jun 2022, Special Counsel, Legal Branch, Department of Industry, Science, Energy & Resources (secondment)
• Mar 2023 – Mar 2024, Legal Division, Services Australia (secondment)
• extensive experience in administrative law, judicial reviews and merits reviews in the Administrative Appeals Tribunal 
• appeared as counsel in State, Territory and Federal courts and tribunals, including for the Commonwealth respondent in AAT reviews
• instructed Commonwealth counsel in Federal and High Court cases
• managed complex and sensitive Commonwealth litigation involving the interpretation and application of numerous laws, including:
  • People Smuggling and Other Measures Act
  • Australian Passports Act
  • Migration Act
  • Administrative Appeals Tribunal Act
  • Safety, Rehabilitation and Compensation Act
  • Protective Security Policy Framework
  • National Security laws
  • Criminal Code Act
  • Australian Citizenship Act
  • Freedom of Information Act
  • Social Security / Centrelink law
  • Medicare / Health law
  • Child Support law
  • Privacy Act
  • Secrecy law
  • Financial Framework Supplementary Powers (FFSP) law
• also has broad experience in:
  • debt recovery
  • commercial litigation – including bankruptcies, insolvencies, contractual disputes, negligence claims, economic losses and civil penalties
• routinely provides training on judicial and merits review, procedural fairness and ‘model litigant’ practices under the Legal Services Directions and Public Governance, Performance and Accountability Act
• managed and advised on:
  • climate change cases
  • Commonwealth discovery
  • FOI and subpoena responses
  • emergency payments, including AGDRP, AGDRA, AVTOP and FFSP payments
  • Commonwealth delegations and related decision making
• managed discovery of Commonwealth information in civil and administrative law cases and disclosure in criminal cases
• protected sensitive Commonwealth information in legal proceedings including under:
  • National Security Information (Criminal and Civil Proceedings) Act
  • Public Interest claims
  • FOI Act exemptions
  • confidentiality and non-disclosure orders
  • storage and handling orders
  • ministerial certificates
  • evidentiary certificates
• prepared Commonwealth evidence and submissions for wide-ranging disputes in the courts and tribunals, including:
  • Public interest affidavits
  • discovery affidavits
  • ‘T-documents’ 
  • Statements of Facts, Issues and contentions.

Membership

Australian Institute of Administrative Law