Areas of Practice
• Banking and Finance
• Bankruptcy/Insolvency
• Commercial Law
• Corporations and Securities
• Equity/Trusts
• Insurance
• Trade Practices

Scott Wotherspoon

Scott Wotherspoon (BEc, LLB (Hons), BCL (Oxon)) was admitted to practice in 1992 and signed the Bar Roll in 1994. Mr Wotherspoon practises predominantly in commercial cases litigated in the Supreme Court of Victoria and the Federal Court of Australia. He lectures in company law and equity on a part-time basis at Monash University.

He has particular expertise concerning Pt 2D.1 (codification of directors’ and officers’ duties) and Ch 6CA (continuous disclosure obligations) of the Corporations Act and shareholder claims. He also specialises in the defence of major tort claims and related issues (such as class actions and public interest immunity claims).

Recent significant cases include:

In Re Pacific National Pty Ltd; Patrick Rail Investments Pty Ltd v Toll Holdings Ltd (winding up on the just and equitable ground).

Gibson Motorsport Merchandise Pty Ltd v Forbes (2006) 149 FCR 569; [2006] FCAFC 44 (joint venture).

Walker v Carter & State of Victoria [2008] VSC 596 (torts and public authorities).

Recent publications include:

Property by any other Name: The Trouble with Shareholder Claims in Australia (2007) 81 Australian Law Journal 75.

Translating the public law "may" into the common law "ought": The case for a unique common law cause of action for statutory negligence (2009) 83 Australian Law Journal 331.


Liability limited by a scheme approved under Professional Standards Legislation.