Dr Adrian Hoel Level 6, Melbourne Chambers 235 Queen Street, Melbourne Victoria M: List Y: E:

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1 Dr Adrian Hoel Level 6, Melbourne Chambers 235 Queen Street, Melbourne Victoria M: List Y: E: Qualifications Doctor of Juridical Science, Monash University Bachelor of Laws (Hons), Monash University Bachelor of Arts (Hons), University of Melbourne Admissions Signed the Victorian Bar Roll, 2015 Admitted to Practice as a Barrister and Solicitor of the Supreme Court of Victoria, 2003 Also admitted in the Northern Territory, High and Federal Courts of Australia Practice Areas Common Law/Personal Injury Appellate Judicial Review Commercial Law Contractual Law Corporations Law Public/Administrative Law Constitutional Law Administrative Review Competition Law Corporate Insolvency Civil Appeals From 1 May 2015, liability limited by a scheme approved under Professional Standards Legislation 1

2 Professional Experience Dr Adrian Hoel practises predominately in the area of public law. He has significant expertise in complex general litigation involving Government entities. Prior to coming to the Bar, Adrian worked in Government for over seven years, the last six of which were spent in the public law team at the Victorian Government Solicitor s Office (VGSO). Whilst at the VGSO, Adrian advised on a wide range of matters, including constitutional matters and statutory interpretation which often involved research and consideration of matters as yet untested by the Courts. In that context, Adrian provided advice during the course of litigation as well as prospective advice, including to emergency management agencies, regarding their powers and duties. At the VGSO, Adrian acted in litigious matters, including constitutional matters and complex general litigation. Adrian was involved in the Kilmore and Murrindindi proceedings in the Supreme Court of Victoria. He has also acted for Government in several Royal Commissions and Inquiries, including the 2009 Bushfires Royal Commission and the 2014 Hazelwood Mine Fire Inquiry. Adrian has acted in High Court constitutional interventions as well as constitutional matters in which the Government has been a Defendant. This includes claims brought by Sportsbet alleging breaches of s 92 of the Australian Constitution (free trade between the States). Adrian has particular expertise in the area of public interest immunity (PII) and parliamentary privilege, in the context of complex general litigation. Adrian has presented whole of Victorian Government seminars on PII and on constitutional law. Adrian brings a wealth of experience from his time in Government. This includes knowledge of less black letter issues, such as knowing how Government works and understanding the process of and relationships that influence Government decision-making. Adrian undertook articles and worked as a solicitor at Clayton Utz (Melbourne). He has practiced in the Northern Territory of Australia in 2004, and has lectured at Monash University. Adrian has a doctorate in law in the area of sentencing and international criminal law. Adrian worked as a legal policy officer at the Victorian Sentencing Advisory Council from 2007 to

3 He has written a number of scholarly articles, including on compensation for wrongful conviction, cartel conduct and sentencing some of which have been cited in Hansard and in newspapers. He has acted as a peer reviewer for two legal journals. He has also written/cowritten a number of policy/research papers. Professional Experience 2008-February2015 Victorian Government Solicitor s Office Principal Solicitor Member of VGSO's Public Law team since 2008, with over a year as Acting Managing Principal Solicitor of that team. In 2010, seconded to the Legal Branch of Department of Premier & Cabinet as part of the 2010 elections process. Whilst at the VGSO, worked in advisory capacity and had the carriage of High Court, Federal Court, Court of Appeal, Supreme Court, County Court and Federal Magistrates Court matters. Many of the matters worked on involved constitutional challenges or questions regarding the statutory powers and obligations of State entities. Also managed the response of the emergency services organisations to the Hazelwood Mine Fire Inquiry in 2014, including proofing the then Fire Services Commissioner, Craig Lapsley. Advised on public interest immunity in the recent Kilmore and Murrindindi bushfire litigation. In , provided advice and proofed witnesses as part of the Royal Commission established in the wake of the 2009 Black Saturday bushfires. Made appearances in Court of Appeal, the Supreme Court and County Court Sentencing Advisory Council Legal Policy Officer Legal policy officer undertaking in-depth research in a number of areas of law and writing a range of policy documents for publication (a selection of these are listed below under 'Policy Publications') Withnall Maley & Co Solicitors (Northern Territory) - Solicitor An employee Solicitor working in civil and criminal law at this firm Clayton Utz (Melbourne) Solicitor/Articled Clerk Articled Clerk from March 2002 to April 2003 and was admitted to practice in the Supreme Court of Victoria on 28 April working in financial services, litigation, taxation, and planning and environment. 3

4 Publications Articles Property Seized Under Warrants: The Liability of Prosecutorial Authorities (2010) 35 Alternative Law Journal 31. What Rights Do You Take To Prison? Habeas Corpus and Prison Conditions (2009) 83 Australian Law Journal 395. The Imperfect Crime: Dealing With Wrongful Conviction (2008) 33 Alternative Law Journal 252 (a non-referred lyrical essay on wrongful conviction). Compensation for Wrongful Conviction (Trends and Issues in Criminal Justice Paper, Australian Institute of Criminology, 2008). 1 Crime Does Not Pay but Hard-Core Cartel Conduct May: Why it Should be Criminalised (2008) 16 Trade Practices Law Journal 102. The Sentencing Provisions of the International Criminal Court: Common Law, Civil Law, or Both? (2007) 33 (2) Monash University Law Review 261. The Sentencing Provisions of the International Criminal Court (2005) 1(1) International Journal of Punishment & Sentencing 37. Policy Publications Stephen Farrow, Adrian Hoel and Felicity Stewart, Driving While Disqualified or Suspended: Report (Sentencing Advisory Council, 2009). Driving While Disqualified or Suspended: Discussion Paper (Sentencing Advisory Council, 2008). 1 This article formed the basis of a number of queries raised in Question on Notice No in the Parliament of the Australian Capital Territory on 25 June 2008, and was expressly referred to. These queries were answered on 21 August 2008; see Australian Capital Territory, Parliamentary Debates, Legislative Assembly, 21 August 2008, (Mr Corbell). A copy of the latter Hansard transcript can be accessed at A pdf version of the article itself can be accessed at 4

5 Andrea David, Felicity Stewart & Adrian Hoel, Breaching Intervention Orders Report (Report, Sentencing Advisory Council, 2008). Adrian Hoel and Karen Gelb, Mandatory Sentencing (Research Paper, Sentencing Advisory Council, 2008). 2 Conferences/Seminars 'Public Interest Immunity' (Legalwise, 2014, CPD Compliance for Government Lawyers) 19 March 2014, Melbourne, Australia. Hoel, A and Freiberg A, Driving While Disqualified or Suspended in Victoria: When Little Works (Australian College of Road Safety High Risk Road Users Motivating Behaviour Change: What Works and What Doesn t Work), September 2008, Brisbane, Australia. Dealing with Criminalisation of Cartels (Tonkin Corporation 5 th Annual Trade Practices and Compliance Summit), November Sydney, Australia. Other Activities: Peer reviewer for the Alternative Law Journal and University New South Wales Law Journal. 2 This paper was referred to (and quoted) in Australian Broadcasting Commission, FactCheck Mandatory sentencing: does it reduce crime? (5 February 2014) Australian Broadcasting Commission News. This can be accessed at 5

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