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Nick Buxton Batten
BA; LL B(Hons)
Chambers: Floor 1: Room 07: Building ODCW
Admitted : 1st Apr 1986
Signed Bar Roll : 1st Jun 1990
Admitted to Practice in : Victoria, Northern Territory.
Phone : 9225-6779 Facsimile : 9225-6161 Mobile : 0424-733887
E-Mail : nbatten@vicbar.com.au
Areas of Practice :
  • Administrative Law (Judicial Review)
  • Insurance Law
  • Equity & Trusts
  • Immigration \ Refugee Law
  • Trade Practices
  • Criminal Law
  • Childrens Court
  • Corporations (Company) Law
  • Social Security/Welfare
  • Criminal Prosecution
  • Nick first signed the Bar Roll in 1990 and appeared in a range of civil, administrative, criminal, child protection and family law matters. Civil disputes have included debt, general insurance, sale of land, partnership, professional disciplinary matters and motor vehicle accidents. Nick has appeared in various courts and tribunals, both at first instance and on appeal. He is experienced in drafting court documents including pleadings and grounds of appeal.

    In the mid 1990s Nick spent 18 months in the Northern Territory working for Aboriginal Legal Services. He appeared for indigenous Australians in summary criminal hearings, committals and sentencing appeals. He also advised on civil and family law matters.

    From 1999, Nick took time away from the Bar to work in a community legal centre as solicitor and registered migration agent. He kept in his hand as an advocate with occasional appearances, including before the Supreme Court as solicitor counsel in judicial review proceedings. In 2002-3, he assisted the Refugee and Immigration Legal Centre in its successful East Timorese Asylum Seekers Project.

    In July 2005 Nick re-signed the Bar Roll and has since appeared in the Magistrates? Court, Children?s Court, Supreme Court, Federal Magistrates Court and Federal Court (Full Court).

    Nick is an active member of the Melbourne Catholic Lawyers Association.

    Past appearances include:

    ? Morsed v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCAFC 193 (judicial review of student visa cancellation)
    ? Rumbiak v Hough & Anor [2004] VSC 95 (judicial review of Magistrate?s refusal of diversion)
    ? Ngambe v Hales [2000] NTSC 76 (sentencing appeal)
    ? T v Secretary of Department of Human Services [1999] VSC 42 (appeal from Children?s Court interim accommodation order)
    ? Secretary, Department of Social Security & Cunningham [1998] AATA 53 (appeal from Social Securities Appeal Tribunal ? pension entitlement)
    ? Burns v MMI-CMI Insurance Ltd (1995) 8 ANZ Insurance Cases 61-287 (civil trial ? Insurance Contracts Act 1984)
    ? GIO Insurance Ltd v Nader, unreported, Supreme Court of Victoria, Nathan J, 7 April 1994 (appeal from Magistrates Court - duty of disclosure in insurance)
    ? R v Tung, unreported, Supreme Court of Victoria, Court of Appeal, 21 November 1996, (sentencing appeal - parity and youth )


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