Pip Mitchell
Clayton Utz
Partner
Melbourne
Overview
Whether acting in disputes involving public law or general commercial disputes, Pip Mitchell combines a focus on the technical legal issues with a strategic appreciation of the reputational and commercial issues at stake.
Her technical expertise in public and administrative law, statutory interpretation and compliance, and freedom of information has come from considerable experience advising, acting (and appearing) in judicial review proceedings in State and Federal courts and tribunals. Although she acts for both public and private sector clients, Pip is sensitive of the unique needs of government, particularly the importance of acting and being seen to act as a model litigant.
Pip shares her knowledge with clients in valuable workshops offered through the Clayton Utz Training Program.
Notable Work
- Government client: Pip advised on statutory interpretation and, in particular, in relation to disputes under the Water Act and the Road Management Act. This includes acting for the client in a Victorian Civil and Administrative Tribunal proceeding involving corporate, State and Local government entities, and addressing the competing interests of those entities, with respect to privatised infrastructure utilised by several entities.
- State of Victoria: Pip represented the State in proceedings brought by a property developer against Mobil Refining and the State as a result of a petroleum pipeline leak allegedly causing damage to land. The State is alleged to have negligently failed to regulate Mobil Refining as the pipeline operator. This demonstrates Pip's expertise in, and knowledge of, acting for the Victorian government in the combined regulatory and commercial sphere.
- Government client: Pip advised a client in relation to a number of summonses issued in the course of committal hearings in the Melbourne Magistrates' Court, in particular in relation to the legitimate forensic purpose for which summonses had been issued and the public interest immunity claims that arose. This also involved seeking judicial review of a decision of the Magistrates' Court to the Supreme Court of Victoria.
- Statutory corporation: Pip was a member of the team advising a statutory corporation on a regulatory review and proposed amendments to the regulatory framework affecting certain electricity products.
- CSIRO: Pip was a member of the team acting for the CSIRO in defending, and successfully striking out pleadings in, proceedings brought against it and other government and non-government defendants alleging defamation, injurious falsehood, breach of contract and breach of statutory duties.
- As a key member of the national administrative law team, Pip has extensive experience advising government and private sector clients in relation to the operation of the Victorian and Commonwealth Freedom of Information laws, including advocacy on behalf of those clients in the Victorian Civil and Administrative Tribunal and the Administrative Appeals Tribunal.
- East West Link ‒ Eastern Section / Peninsula Link / EastLink: Pip advised SEITA / LMA in processing Freedom of Information requests and, in particular, acting in VCAT proceedings arising from them. Pip has represented agencies in successfully upholding Cabinet and other exemptions from disclosure of documents in highly public Victorian Civil and Administrative Tribunal proceedings, as well as processing dozens of less contested requests.
- East West Link ‒ Eastern Section: Pip advised Linking Melbourne Authority on statutory interpretation and the potential for judicial review challenges to actions taken in relation to major transport projects.
- Government client: Pip represents the decision-maker in several proceedings on foot in the planning division in VCAT with respect to decisions on statutory endorsements of work plans for extractive industries.
- University client: Pip acted for a University defending an application in the AAT and subsequently the Federal and High Courts, resulting from an FOI application made by a Victoria-based student of the University.
- East West Link ‒ Eastern Section: Pip acted for Linking Melbourne Authority in defending proceedings brought under the Australia Consumer Law attempting to enjoin the signing of contracts for the project. She also advised LMA on statutory interpretation and the potential for judicial review challenges to actions taken in relation to major transport projects.
- International client: Pip was a member of the team acting for an international client in relation to an alleged breach of the Victorian Environment Protection Act, including negotiating an enforceable undertaking with the EPA.
- Beyondblue: Pip was a key member of the team that obtained an urgent ex parte injunction to prevent Channel 9's 60 Minutes from broadcasting a segment covering recent youth suicide in the Geelong area. The Victorian Government subsequently commenced a similar action. In both proceedings the parties negotiated a result in which a permanent injunction was made by consent.
- Pro bono matter: Pip was a key member of the team representing an individual client in a successful high-profile pro bono matter in the High Court of Australia, which sought to extend the boundaries of tort law beyond a commercial context, and involved consideration of the operation of federal legislation and constitutional issues.
- Energy corporations: Pip has acted for a number of producers, wholesalers and buyers of gas with respect to price reviews, including price review arbitrations, under various long-term gas supply agreements in the eastern Australian gas market.
- Statutory corporation: Pip was a member of the team advising a statutory corporation on a regulatory review and proposed amendments to the regulatory framework affecting certain electricity products.
Insights
Clearing the air: The High Court clarifies the law on materiality and jurisdictional error
23 Apr 2024 | Article
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Watch your words: The admissibility of evidence from Royal Commissions in civil and criminal proceedings
20 Mar 2024 | Article
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