Lawyer

Roland Müller is a highly experienced lawyer based in Melbourne. He is passionate about creating value for clients by solving legal problems, appearing for clients in court, giving direct legal advice and conducting strategic negotiations. He appears in courts and tribunals throughout greater Melbourne, representing clients with a broad range of cases. He is frequently engaged by other lawyers to represent their clients as a solicitor advocate or to provide external advice on complex matters. Roland believes each client's case is the most important to them and should be treated as such by their lawyer.

  • Case example: vCAT jurisdiction

    O'Hehir v Tsanagas, Nicholson Wright Pty Ltd (Building and Property) [2018] VCAT 1973 Constitutional law and tribunal jurisdiction: first case to determine that the Victorian Civil & Administrative Tribunal retains jurisdiction to hear disputes between residents of different states where a corporation is also a party, notwithstanding the decision of the High Court in Burns v Corbett (2018) 265 CLR 304

  • Case example: family law

    Yim & Zieth (No.3) [2019] FCCA 3404 Complex parenting and de facto property proceedings, parenting orders in the context of atypical parenting arrangements, high level of acrimony, joint parental responsibility preserved; response to application to proceed with de facto property application out of time.

  • Case examples: Coroners Court

    COR 2013 356 Investigation into the death of Margaret L Cleveland Investigation into death of nursing home resident following a failure of lifting sling. Representation of interested party who serviced lifting machines. Submissions identifying scope of services did not include slings beyond complimentary visual inspection; slings which failed may not have been provided to service technician; detailed submissions resulted in concessions by nursing home operator; no findings against client. COR 2013 1338 Investigation into the death of Alexander David Jones; COR 2013 1339 Investigation into the death of Marie-Faith Chantal Abla Fiawoo; COR 2013 1368 Investigation into the death of Bridget Louise Jones (deaths arising from Swanston Street wall collapse) Representation of interested party whose workers affixed wooden structure to section of wall which collapsed; no findings against client following written submissions.

  • Case example: Adverse action

    Cassar v Wilckens Roche Pty Ltd [2018] FCCA 940 Representation of respondent in adverse action proceeding in which the applicant alleged her dismissal and an instance of failure to pay personal leave was adverse action contrary to her workplace rights to make complaints or inquiries in relation to her employment. The respondent advanced two separate reasons for the dismissal. The application was dismissed in its entirety. The proceeding was also the first documented decision clarifying that a failure to pay personal leave where the employee did not comply with notice and evidence requirements under the Fair Work Act 2009 does not amount to adverse action.

  • Case example: Complex Costs application

    Palis Victoria Pty Ltd & Ors v Gelare International Pty Ltd & Ors (No.2) [2015] FCCA 3247 Application for cost and interest for successful Applicant in Federal Circuit Court of Australia proceedings concerning misleading and deceptive conduct, breaches of the franchising code and related matters arising in relation to a franchise. First FCCA consumer law or franchising matter in which costs were awarded on the Federal Court of Australia scale.

  • Case example: OHS prosecution (workplace fatality)

    Victorian Workcover Authority v TCMH Holdings Pty Ltd Representation of employer charged with Occupational Health and Safety Act 2004 offences arising from a workplace fatality. The matter proceeded as a contested plea and involved complex submissions on sentencing resulting in one of the lowest fines for a primary corporate accused in a workplace fatality matter in Victoria.

  • Case example: Litigation strategy - negligence

    Representation of a defendant in significant litigation relating to the destruction of part of an industrial/manufacturing plant by fire. Multiple claims, cross-claims, apportionment and contingent liability claims amongst various parties involved in the construction, design and control of plant. The client company was at very limited risk on the question of liability and a related entity which was a potential tortfeasor was not sued. Proceedings conducted pending the expiration of the limitation period for claims against the potential tortfeasor, following which the abandonment of the claims against the client were negotiated on the basis that it had little or no potential liability.

  • Case example: Dispute resolution - estate dispute

    Representation of executors in respect of a deceased estate in a proceeding to recover monies and/or seek declarations as to the legal ownership of assets retained by a beneficiary. Series of procedural steps rectified, compliance with directions enforced and various subpoenas issued to obtain independent evidence of the falsification of documents by the defendant. Detailed analysis of evidence identified a significant risk to the defendant that his version of how he came to have purported legal ownership of assets would not be accepted. Settlement of proceedings at mediation on terms highly favourable to the executors, including payment of the value of property misappropriated and substantial contribution to litigation costs.

  • Case example: Multi-state litigation program

    Design and oversight of major litigation program on behalf of a national car park operator seeking reocvery of liquidated damages for breaches of parking agreements and in some cases, trespass. Design and staging of litigation program involved the strategic selection of defendants to establish favourable precedents in each jurisdiction and for the self-funding of the litigation through progressive recovery action.

  • Case examples: complex bail applications

    Two sequential bail applications for an unaccompanied learner (L-plate) driver accused of engaging in multiple police pursuits, including whilst on bail. First bail application granted to enable the accused to participate in court based programs while on bail; second bail application granted upon prima facie defects in prosecution case combined with likely disproportionate delay in the matter reaching contested hearing.

  • Case examples: Family violence intervention orders

    Representation of Respondent to family violence intervention order application in which the Applicant sought order for self and parties' child. Successful removal of the child as an affected family member upon final hearing. Representation of Applicant seeking intervention order against highly abusive former partner. Respondent feigned various conditions related to literacy, language ability in order to delay and obstruct proceedings and avoid prosecution for previous breaches. Intervention order with extended duration obtained. Representation of Respondent to family violence intervention order sought by police. Application without notice made to suspend Family Law Act orders. Application successfully opposed. Police withdrew from matter following evidence of false reports presented and unreasonable refusal of affected family member to negotiate. Representation of Respondent to family violence intervention order where clear evidence of family violence. Order successfully opposed upon final hearing, including on the basis of psychological evidence contraindicating future risk.

  • Case example: Historical sexual offences


    Acquittal on historical indecent assault charges and orders for costs against Chief Commissioner of Police. Successful argument that prosecution failed to establish indecent circumstances.

  • Case example: Criminal justice diversion program

    Criminal damage
    Successful Diversion application for client accuse of causing damage at a restaurant while visiting family from overseas and risk that conviction would pose difficulties for future travel to Australia. Bail conditions precluded return travel planned for shortly after the first court date. Court accepted submissions allowing short period of Diversion to enable matter to be finalised prior to return flight. Family violence Successful Diversion application for client charged with 42 contraventions of Family Violence Intervention Order including two charges of persistent breaches. Offending occurred in complex circumstances in which accused engaged in a large number of technical contraventions, in part due to concerns of imminent risks to former partner and child.

  • Case example: professional conduct

    Psychology Board of Australia v Montalto (No 2) (Review and Regulation) [2020] VCAT 531 Representation of former provisional psychologist on determination and penalty hearing following findings of professional misconduct within the meaning of the Health Practitioner Regulation National Law in Psychology Board of Australia v Montalto (Review and Regulation) (Corrected) [2019] VCAT 1445. The Tribunal accepted submissions in respect of limited period of disqualification and that orders preventing the former practitioner from providing counselling or therapy services should not be made.

  • Case example: Corporations law

    Phillips v Australian Securities and Investments Commission (in the matter of L.I.R. Capital Pty Ltd) Successful application in the Victorian Supreme Court for reinstatement of a corporation deregistered while a party to litigation.

  • Case example: negotiations

    Negotiation on behalf of a former employee sued for the recovery of funds alleged to have been misappropriated from former employer; employee's related application for an unfair dismissal remedy. Proceedings resolved by agreement, with settlement sum less than 10% of amount originally claimed and releases in favour of client's family members.

  • Case example: Summary judgment application

    Successful application for summary judgment in accordance with the Civil Procedure Act 2010 in favour of a law practice in suit to recover unpaid fees. The defendant had raised various grievances and reasons for failing to pay his former solicitors. The Court accepted that none of the matters raised amounted to a defence with real prospects of success.
Roland's areas of practice include commercial and general litigation, Coroner's Court matters, criminal law, defamation law, dispute resolution, employment law, family law, family violence and personal safety intervention orders, mental health, occupational health and safety, professional conduct, regulatory prosecutions, Victims of Crime Assistance Tribunal and VCAT matters. He acts for and advises consumers, solicitors and law practices in relation to complaints to the Victorian Legal Services Commissioner and advises legal practitioners upon obligations under the Legal Profession Uniform Law (Victoria). Roland also provides detailed advice in a broad range of areas of law, reviews and advises upon documents, provides second opinions and develops novel legal solutions, in particularly where matters require salvaging or a new perspective. Roland particularly enjoys the challenge of Roland is accredited as an Accredited Specialist in Commercial Litigation by the Law Institute of Victoria.

Commercial litigation

Roland is accredited as a specialist in commercial litigation by the Law Institute of Victoria. He acts and appears in court on a broad range of commercial disputes. Most matters in which Roland acts resolve, while others are conducted to with a clear strategy to achieve the best outcome possible in the circumstances.
  • Advice on litigation
  • Dispute resolution
  • Appearance in court
  • Drawing pleadings

Employment law

Roland acts in a diverse range of employment disputes, in particular in dispute resolution and conducting proceedings in the Federal Circuit Court of Australia. He also advises on employment agreements, termination and enterprise bargaining.

Family law

Roland acts in a broad range of family law matters, including appearing a interim and final hearings in parenting and property matters. He also assists parties in matters involving high levels of conflict and in scrutinising the conduct of opposing lawyers.
  • Contravention matters
  • Parenting orders
  • Financial/property
  • Technical applications

Intervention orders

With experience conducting Family Violence Intervention Order and Personal Safety Intervention Order proceeding from commencement to final hearing, Roland frequently represents Applicants or Respondents. He also provides advice at all stages of such matters.
  • Personal Safety Intervention Orders
  • Family Violence Intervention Orders

Coroners Court

Roland is experienced in representing parties in Coroners Court inquests and investigations. His analytical approach to large volumes of evidence, combined with a background in science and psychology and an understanding of this specialised jurisdiction, equip Roland to represent parties in the most complex of Coroners Court cases.
  • Coronial inquests
  • Coronial Investigations
  • Procedural applications
  • Review / appeals

Criminal, professional misconduct, regulatory prosecutions

Roland represents professionals, including accountants, health practitioners, legal practitioners, teachers, veterinarians and others the subject of investigations or proceedings related to professional misconduct. He also represents parties in regulatory prosecutions in the building, occupational health and safety / WorkSafe, taxi, and other industries. Roland is highly experienced in Commonwealth and Victoria Police matters.
  • Professional misconduct
  • Regulatory prosecutions
  • Criminal / driving charges
  • Related proceedings - e.g. intervention orders, asset confiscation, licencing.
Roland Müller
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