Special Counsel

Bernie Cummins

LL.B BCom. (Special Counsel)

Phone: + 61 8 9221 0033
Email: bcummins@mphlawyers.com.au
Secretary: Jennifer Shaw
Email: jshaw@mphlawyers.com.au

Bernie holds a Bachelor of Laws and a Bachelor of Commerce (Economics) from the University of Melbourne.

Bernie has been in legal practice for 30 years, including 20 years as principal of Victoria’s second largest regional law firm in Geelong, Victoria. He has extensive experience gained over a wide range of areas, with his main focus being litigation, and in particular commercially related litigation and contractual disputes, trade practices claims and claims involving deceased estates.

Bernie’s knowledge and experience enable him to provide strategic advice and invaluable assistance to clients about the planning and conduct of litigation.

Bernie has been the litigation Special Counsel for Murcia Pestell Hillard since 2011.

Experience includes:

  • Acted as instructing solicitor for the former director and shareholder of a Building Society defending him in a multiplicity of civil and criminal proceedings, mainly in the Supreme Court involving issues of fiduciary duties, director duties and equitable remedies.
  • Acted for high profile sporting identities in cases involving unconscionable conduct, unjust enrichment and proprietary estoppel.
  • Acted for respondents in Federal Court proceedings issued by ACCC alleging petrol price fixing arrangement.
  • Acted for 7 commercial grower applicants in the Federal Court in proceedings issued against Australian based and foreign corporations regarding contaminated seed involving product liability, accessorial liability, unconscionable conduct, exclusion/limitation of liability and challenges to the jurisdiction by the foreign corporations.
  • Acting in proceedings for breach of the Australian Consumer Law including actions for undue influence, unconscionable dealings, contribution between co-sureties and misleading and deceptive conduct.
  • Acted for a large olive company on issues involving breach of contract concerning the supply of a state of the art olive oil bottling and packaging line, performance in accordance with standards and specifications and damages.
  • Acting on real property and leasing disputes.
  • Acting against large multinational oil and gas company in damages claim for in excess of $200 million.