Jason Spinak


Common Law

Competition (Antitrust)

Consumer Protection


Real property

Jason has a broad commercial practice. He has extensive experience in contractual and equity disputes as well as matters involving the Competition and Consumer Act, appearing on behalf of domestic and international litigants.


University of NSW: Bachelor of Laws (Honours equiv.)

  • Butterworths Prize for Best Performance in Constitutional Law
  • UNSW Academic Paper Prize
  • First place in Contemporary Legal Theory

University of Sydney: Bachelor of Arts (First Class Honours in History)

Previous Experience

Prior to commencing practice at the Bar, Jason worked as a lawyer at Gilbert +Tobin; as a Tipstaff/Researcher to the Hon. David Ipp AO QC, former Judge of Appeal, Supreme Court of NSW; as a member of the Secretariat of the Commonwealth Review of the Law of Negligence; and as lecturer in law at the University of NSW Law School.
Jason also completed studies in Comparative and International Law at the Sorbonne, Paris.

Experience at the Bar

Cases of note include:

  • Appearing for Prysmian Power Cables & Systems Pty Ltd, the world’s largest electrical cable manufacturer in defending cartel and bid rigging proceedings brought by the ACCC: Australian Competition and Consumer Commission v Olex Australia Pty Ltd & Ors [2017] FCA 222.
  • Appearing for major wine producer Wine Insights in a dispute over a contract of supply: Wine Insights Pty Ltd v. OneBev Pty Ltd [2016] VCC 1603.
  • Appearing for Aldi Foods Pty Ltd in Supreme Court proceedings in 2014 for breach of contract arising from a development agreement: Aldi Foods Pty Ltd v Ifould Pty Ltd.
  • Appearing for global foreign exchange company the Change Group International Plc in a passing-off and misleading and deceptive conduct case against a competitor: Change Group International Plc v City Exchange Mart Pty Ltd [2013] FCA 1048; The Change Group International Plc v City Exchange Mart Pty Ltd [2012] FCA 1188.
  • Appearing for the plaintiff in a dispute over the sale and dissolution of a joint venture maritime business: Antzen Pty Ltd v Mastercraft Marine Pty Ltd and Ors [2013] NSWDC 124.
  • Appearing for Lifehealthcare Distribution Pty Ltd in Supreme Court proceedings for damages for breaches of the Fair Trading Act 1987 and breach of warranty arising from the sale of shares in a medical device supplier: LifeHealthcare Distribution Pty Ltd v Stewart Nicholas and Ors [2011] NSWSC 661.
  • Appearing for Aldi Foods Pty Ltd in Supreme Court proceedings for alleged breaches of s 52 the Trade Practices Act 1974 arising from failed lease negotiations with a supermarket developer: BBB Constructions Pty Ltd v Aldi Foods Pty Ltd [2010] NSWSC 1352 and on appeal BBB Constructions Pty Ltd v Aldi Foods Pty Ltd [2012] NSWCA 224.
  • Appearing for a Federal Member of the House of Representatives against whom injunctive relief was sought pursuant to s 383 of the Commonwealth Electoral Act 1918, to restrain the distribution of postal voting application material during the 2010 Federal Election: Peebles v Honorable Tony Burke [2010] FCA 838; Peebles v Honorable Tony Burke (No 2) [2010] FCA 861.
  • Appearing for the NSW Trustee and Guardian in respect of the liability of an incoming tutor for the costs associated with the previous tutor’s tenure: Al Mousaway bht Imelda Margaret Dodds v Howitt Stevens Construction Pty Ltd & Ors (No 2) [2010] NSWSC 1398.
  • Appearing in the NSW Court of Appeal, in an appeal against a finding that during negotiations for the sale of a magazine business the appellant vendors engaged in misleading and deceptive conduct: Culligan and Anor v Aco Pty Ltd [2009] NSWCA 290.
  • Appearing for a national real estate agent in a dispute over an agent’s authority to accept less than a 10% deposit on a Contract for Sale of Land: Markson v Cutler and Anor [2007] NSWSC 1515; (2007) 13 BPR 25,127; and on appeal to the Court of Appeal: Vameba Pty Ltd v Markson [2008] NSWCA 266.
  • Appearing for a discretionary beneficiary seeking to prevent the dissipation of trust assets arising from a complex securitization scheme: Crossman v PILT Nominees [2009] NSWSC 393; Crossman v PILT Nominees Pty Ltd [2008] NSWSC 557; PILT Nominees v Baltarna [2009] NSWSC 656.

“Common Law Liability of Clubs for Injury to Intoxicated Patrons”: Cole v South Tweed Heads Rugby League Football Club Ltd” (with Rosalind Dixon) University of New South Wales Law Journal, Vol 27 No 3 2004 pp 816-825. (Cited by the High Court in Roncevich v Repatriation Commission (2005) 222 CLR 115.)

Jason Spinak