Matthew Darke SC

Appointed Senior Counsel: 2014

Admitted to Bar: 2001

Floor Member Since: 2001

Arbitration

Banking

Class Actions

Commercial

Commissions of Inquiry

Competition (Antitrust)

Consumer Protection

Corporate Reconstruction & Insolvency

Corporations

Equity

Insurance

Intellectual Property

Real property

Matthew appears in and advises on a range of complex commercial, regulatory, insurance, and intellectual property matters.  He has significant experience in class actions and civil penalty proceedings.

Matthew is recognised by:

  • Chambers & Partners, in Band 1 of their Asia-Pacific senior counsel rankings for 2023;
  • The Legal 500, in Band 1 as a leading silk in commercial disputes;
  • Doyle’s Guide 2023/2024, as a Leading senior counsel in Commercial Litigation & Dispute Resolution, Intellectual Property litigation, and Class Action litigation;
  • Best Lawyers Australia 2025, in its lists for Class Action Litigation, Commercial Law, Insurance Law, Intellectual Property Law, and Litigation; and
  • Who’s Who Legal: Commercial Litigation, as a leading litigation legal figure.

Matthew’s past and current clients include Westpac, NAB, IOOF, KPMG, Qantas, Virgin, AMP and Nuix.

Notable recent and current matters include:

  • representing Nuix in a $183 million claim by its former CEO, Eddie Sheehy, in relation to certain share options: Sheehy v Nuix Pty Ltd [2023] FCA 56;
  • representing insurers in resisting a claim for indemnity by SunWater in relation to its liability in the Queensland Floods class action: Liberty Mutual Insurance Company v SunWater Ltd (No 2) [2021] NSWSC 1582 (first instance); SunWater Limited v Liberty Mutual Insurance Company [2022] NSWCA 273 (appeal);
  • representing Virgin Australia Holdings in ongoing class action proceedings brought on behalf of purchasers of unsecured notes: Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited [2022] FCA 1243;
  • representing JLT Risk Solutions in class action proceedings brought on behalf of NSW local councils alleging breaches of contract, negligence and breaches of fiduciary duties: Richmond Valley Council v JLT Risk Solutions Pty Ltd [2022] NSWSC 1761;
  • representing Westpac in ongoing regulatory proceedings brought by ASIC alleging insider trading and unconscionable conduct;
  • representing Meta in ongoing class action proceedings alleging anti-competitive conduct in connection with Meta’s cryptocurrency advertising ban;
  • representing Katy Perry in ongoing trade mark proceedings brought by an Australian designer styled Katie Perry (judgment reserved);
  • representing Jaguar Land Rover Australia in ongoing product liability class action proceedings concerning the diesel particular filter on certain Jaguar and Land Rover model vehicles sold in Australia.

Matthew Darke SC