Expertise

Appellate | Commercial Law | Common Law | Criminal Law | Environmental Law & Planning Law | Equity & Trusts Law | Government Law | Inquests, Inquiries, Tribunals & Commissions | Public Law & Administrative Law |

Profile

Ashleigh practises in public and commercial law. She has particular interest and expertise in—

• environment and planning law,
• medical and health law,
• human rights,
• regulatory law,
• equity and trusts, and
• property law.

Ashleigh welcomes briefs both to appear and advise. 

As counsel, Ashleigh has appeared in various Federal Courts (High Court, Federal Court, and Federal Circuit and Family Court of Australia) and Victorian State Courts and Tribunals (Supreme Court, Coroners Court, Magistrates' Court of Victoria, and VCAT). Her advisory practice is broad: she advises commercial clients, government, non-government organisations, and individuals.

Some of Ashleigh's recent matters include the following:

Public law

• Blue Derby Wild Inc v Forest Practices Authority & Ors [2024] HCATrans 29; led by Emrys Nekvapil SC, with Angel Aleksov; instructed by Bleyer Lawyers - Application for Special Leave - standing - apprehended bias - reconstitution of courts 
• Blue Derby Wild Inc v Forest Practices Authority & Ors (Supreme Court of Tasmania); led by Emrys Nekvapil SC, with Angel Aleksov; instructed by Bleyer Lawyers - application for interlocutory injunction pending application for special leave to appeal
• BJM16 v Minister for Immigration [2023] FedCFamC2G 690; BJM16 v Minister for Immigration [2023] FCA 995; BJM16 v Minister for Immigration [2023] HCASL 204; led by Emrys Nekvapil SC, with Angel Aleksov and Elizabeth Brumby; instructed by Lander & Rogers - migration law - statutory construction - interpretation of ss 48B and 198 Migration Act 1958 (Cth)
• Inquest into the passing of XY (Coroners Court of Victoria, ongoing); representing the Secretary of the Department of Families, Fairness and Housing; led by Naomi Hodgson; instructed by Lander & Rogers
• The Wilderness Society v Forestry Tasmania (Supreme Court of Tasmania, ongoing); led by Elizabeth Bennett SC; instructed by Environmental Justice Australia - statutory construction - interpretation of s 47 Forest Practices Act 1985 (Tas)
• The Wilderness Society v Forestry Tasmania (Magistrates' Court of Tasmania, 28 March 2024, ex tempore); led by Elizabeth Bennett SC; instructed by Bleyer Lawyers - statutory construction - interpretation of s 47 Forest Practices Act 1985 (Tas)
• The Wilderness Society v Forestry Tasmania (Magistrates' Court of Tasmania, reserved); instructed by Bleyer Lawyers - costs dispute - private prosecution - Costs in Criminal Cases Act 1976 (Tas)
• Pitts v GG Brothers Pty Ltd (VCAT, 2024, settled); instructed by Kelly & Chapman Lawyers - contaminated land - Environmental Action Notice under the Environment Protection Act 2017 (Vic) - Australian Consumer Law (unled)
• H v Department of Social Services (AAT, ongoing); entitlements under the Social Security Act 1991 (Cth) (unled)
• Panstelen Nominees Pty Ltd v Panopoulos (VCAT, 2023, stayed); instructed by Kalus Kenny Intelex - residential tenancies - successfully applied for stay of application for possession pending resolution of related Supreme Court proceedings (unled)
• Abbas v Secretary, Department of Transport and Planning (Magistrates' Court of Victoria, ongoing); statutory construction - administrative law - s 16E Road Safety Act 1986 (Vic) (unled)
• Baker v Secretary, Department of Transport and Planning (Magistrates' Court of Victoria, 3 June 2024, ex tempore); statutory construction - administrative law - s 26 Road Safety Act 1986 (Vic) - successfully defeated appeal against medical suspension of licence - successfully obtained costs order (unled)
• Kitanovski v Secretary, Department of Transport and Planning (Magistrates' Court of Victoria, 24 April 2024, ex tempore); statutory construction - administrative law - s 16E Road Safety Act 1986 (Vic) - successfully defeated appeal against decision to record vehicle on written-off vehicles register - successfully obtained costs order (unled)
• Hayward v Secretary, Department of Transport and Planning (Magistrates' Court of Victoria, 20 May 2024, ex tempore); statutory construction - administrative law - successfully defended appeal against licence suspension under s 46H Road Safety Act 1986 (Vic) - successfully obtained costs order (unled)
• Wilson v Secretary, Department of Transport and Planning (Magistrates' Court of Victoria, 12 March 2024, ex tempore); statutory construction - administrative law - successfully defended appeal against licence suspension under s 46H Road Safety Act 1986 (Vic) - successfully obtained costs order (unled)
• Cook v Secretary, Department of Transport and Planning (Magistrates' Court of Victoria, 17 May 2023, ex tempore); statutory construction - administrative law - successfully defended appeal against licence suspension under s 46H Road Safety Act 1986 (Vic) (unled)

Commercial law

• Panopoulos v Panstelen Nominees Pty Ltd  (Supreme Court of Victoria, ongoing); led by Andrew Dickenson; instructed by Kalus Kenny Intelex - equity and trusts - proprietary estoppel
• In the matter of Njernda Aboriginal Corporation (Supreme Court of Victoria, Efthim AsJ, 13 July 2023, ex tempore) - insolvency - successfully resisted application to set aside a statutory demand - secured indemnity costs order (unled)
• Pryor v Pryor (Supreme Court of Victoria, Irving AsJ, 3 April 2024, ex tempore); instructed by Lobb & Kerr Lawyers; successfully obtained judgment for recovery of land under order 53 (unled)
• Breeze Logistics Australia Pty Ltd v BioCheese Pty Ltd (County Court of Victoria, ongoing); instructed by Zervos Lawyers - contract law - tort law - bailment - Australian Consumer Law - Courts (Case Transfer) Act 1991 (Vic) (unled)
• M v C and Ors (County Court of Victoria, ongoing); instructed by Zervos Lawyers - property law - consumer credit - financial services regulation (unled) 
• Intrax Consulting Engineers Pty Ltd v CS Boulevard Pty Ltd and Ors (Magistrates' Court of Victoria, ongoing); instructed by Page Seager Lawyers - contract law - privity - expert evidence (unled)
• B v S (Magistrates' Court of Victoria, 2024, settled); instructed by Bleyer Lawyers - Legal Profession Uniform Law - costs agreements under s 180 - costs disclosure under s 175 (unled)
• Sharma v Lai (Magistrates' Court of Victoria, 9 October 2023, ex tempore); instructed by Ligeti Partners - civil procedure - subpoenas - successfully defeated multiple objections to production of subpoenaed documents (unled)
• Tentime Cafe & Restaurant Pty Ltd v Frameworkz Pty Ltd (VCAT, 29 August 2023) - retail leases - relief against forfeiture (unled)

Some of Ashleigh's recent advisory work includes the following:

• Advising in relation to bare trusts and transfer of beneficial ownership of property (unled)
• Advising a not-for-profit organisation in relation to "greenwashing" claims (led by Angel Aleksov)
• Advising a Government entity in relation to the operation of an agreement under s 173 of the Planning and Environment Act 1987 (Vic)
• Advising a State Government Department on prospects in a judicial review application (unled)
• Advising a Government entity in relation to waste and contamination management arrangements (unled)
• Advising a charitable organisation in relation to standing (led by — now — Judge Andrew Palmer)
• Advising corporate trustees in relation to rights of beneficiaries under a discretionary trust (led)
• Advising in relation to the application of the Australian Consumer Law to animals with congenital conditions (unled)

Ashleigh maintains an active pro bono practice, and welcomes inquiries, particularly in environmental law, animal law, and migration law. She is a member of the Student Engagement Committee of the Victorian Bar.

Previously, Ashleigh was a solicitor at Allens in Sydney, where she practised across commercial litigation and environment and planning. After this, she worked in the legislation and advice team at the NSW Environment Protection Authority.

Additionally, Ashleigh has tutored at Melbourne Law School and at the University of Technology Sydney in comparative law, global human rights law, and constitutional law. She remains a regular guest lecturer in the Juris Doctor and Master of Laws programs at Melbourne Law School.  

Ashleigh holds a Bachelor of Laws (First Class Honours and University Medal) from the University of Technology Sydney, where she graduated first in her class and won a number of academic prizes. She received the top result in several individual subjects, including evidence law, equity and trusts, environmental law, and international human rights law. Ashleigh also holds a Bachelor of Arts in Communication (Social Inquiry), along with post-graduate qualifications in legal practice and tertiary teaching.

Ashleigh has undertaken a PhD at Melbourne Law School’s Centre for Environmental Law, which is currently under examination. Her thesis falls at the intersection of disaster planning, personal property law, wildlife and animal law, and legal theory. She has been invited to present at conferences in Australia and overseas, and her research has won national, regional, and international prizes for its quality and originality. 

Ashleigh read with Gabi Crafti SC and her senior mentor is Emrys Nekvapil SC. 

To get in touch with Ashleigh Best | or for more information please contact the Clerk on:

+61 3 9225 7222

clerkb@greenslist.com.au

Liability limited by a scheme approved under Professional Standards legislation.