John O’Halloran

ABOUT JOHN:

John O’Halloran has a broad commercial practice and practises in all areas of trusts, equity, probate, testators’ family maintenance, as well as general commercial law.

John’s instructors recognise the value of his early strategic advice, rigorous attention to detail, and ability to empower clients to make good decisions in litigation.

He is increasingly retained in complex trials and on appeal, both led and unled.

NOTABLE MATTERS & EXPERTISE:

Some of John’s notable matters since coming to the Bar have included work in:

Equity & trusts:

• Equitable claims & defences: unconscionable dealing, unconscionable conduct, lack of capacity, elder abuse, cases where the presumption of advancement is relevant.
• Trusts: resulting trusts, constructive trusts, trustee removal applications, breach of executorial duties.
• By reason of his expertise in this area, John is thoroughly acquainted with many aspects of property law, most relevantly caveats and priority disputes.

Family provision:

• Appears both for and against the estate at mediation, directions and at trial.
• Draws originating motions, affidavits, and position papers where required.
• Prepares and appears in freezing order applications against executors.
• Appears in removal applications.
• Available for preliminary strategic discussions prior to being briefed.

General commercial:

• John appears in a range of general commercial matters, including breach of contract disputes, negligence claims, Australian Consumer Law matters, and disputes with ‘second-tier’ or ‘third-tier’ lenders.
• John is frequently briefed on complex interlocutory disputes, including injunctions (both prohibitive and mandatory), freezing orders, permanent stay applications, security for costs, removal of solicitors from the record (material witnesses), as well as pleadings & summary judgment applications.
• Given John’s expertise in equitable claims – which often involve impropriety, John is one of the counsel of choice for national insurers in strategic litigation in cases of fraud, practitioner misconduct or where non-party costs orders are sought.
• John obtains and resists practitioner costs orders.

Prior to his call to the Bar, John worked as a solicitor.

He also enjoys sharing expertise and contributing to professional development. He has presented various seminars on topics such as cryptocurrency and digital assets in wills and estates, issues in estates law, trust deeds, and family provision.

John graduated from Monash University with a Bachelor of Arts (History) and a Bachelor of Laws (with Honours). He read with David Sanders and his senior mentor was Ian Upjohn CSC KC.

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister’s clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.