Richard Monteleone

Expertise

Richard is an experienced government lawyer with expertise in administrative and criminal law litigation, in addition to protecting sensitive Commonwealth information in legal proceedings.

Richard also has accounting qualifications and expertise in commercial and contractual disputes and debt recovery.

Experience

Richard’s experience includes:

• 25 years’ dispute resolution and litigation 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 partners including Attorney-General’s Department, Department of Home Affairs, Department of Foreign Affairs and Trade, Australian Federal Police and Commonwealth Director of Public Prosecutions
• Feb – June 2022, Special Counsel, Legal Branch, Department of Industry, Science, Energy & Resources (secondment)
• extensive experience in administrative law, judicial reviews and merits reviews in the Administrative Appeals Tribunal
• 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
  • Fair Work Act
  • Freedom of Information Act.
• instructed Commonwealth counsel in complex Federal and High Court cases
• also has broad litigation experience in:
  • superannuation splitting (family law)
  • child support
  • commercial/contractual
  • debt collection
  • bankruptcy and insolvency
  • civil penalties.
• developed ‘streamlined’ more efficient litigation procedures in judicial and merits review
• provided 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 assisted in:
  • climate change and PFAS class actions
  • Commonwealth discovery
  • FOI and subpoena responses
  • mining/gas/petroleum disputes
  • venture capital disputes
  • staffing legal issues
  • workers compensation claims in collaboration with Comcare
  • reporting significant Commonwealth litigation cases to OLSC
  • IGIS inquiries 
  • unlawful dismissal cases
  • security clearance disputes under the PSPF
  • UNHRC complaints.
• 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 Immunity 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:
  • PII affidavits
  • discovery affidavits
  • AAT ‘T-documents’ and statements of facts, issues and contentions.
• appeared (in private practice) as counsel in state, territory and Federal courts and tribunals.

Membership

Australian Institute of Administrative Law