Home Shaun Ginsbourg, Barrister

Shaun Ginsbourg, Barrister

+613 9225 6444+613 9225 6444
+61 403 584 918+61 403 584 918
+613 9225 6464

Shaun practices mainly in criminal and administrative cases.

Criminal and related work

Shaun is an experienced trial and appellate advocate who appears for both the defence and prosecution.  Selected cases –

  • Daniels [2016] VSCA 291 (conviction appeal, sexual penetration of a child)
  • Spanjol [2016] VSCA 317 (sentence appeal, dangerous driving causing serious injury)
  • Cross v Haylock [2016] VSC 793 (judicial review of Magistrates’ Court conviction, indecent assault against a child)
  • Butorac [2016] VSC 371 (manslaughter plea)
  • Wise [2016] VSCA 173 (interlocutory appeal, rape)
  • Bazouni [2016] VCC (intentionally cause serious injury trial)
  • Hogan [2015] VSC (murder consent mental impairment hearing)
  • Rapson [2014] VSCA 216 (conviction appeal, see below)
  • Saner [2014] VSCA 134 (sentence appeal, armed robbery)
  • Davies [2014] VSCA 69 (sentence appeal, rape)
  • Rapson [2013] VCC (historical sexual offence charges trial involving multiple complainants against a Catholic priest / teacher)
  • Simpson [2012] VCC 1175 (multi-million dollar Commonwealth conspiracy charges trial)
  • Warwick [2012] VSC 382 (attempted murder trial)
  • Deckers Outdoor Corporation Inc. v Farley (No 8) [2010] FCA 657 (contempt proceedings in the Federal Court)
  • Sarvak [2011] VSCA 300 (sentence appeal, armed robbery)
  • UR [2011] VSCA 152 (interlocutory appeal, indecent assault)
  • DPP v BB; DPP v QN [2010] VSCA 211 (interlocutory appeal, false imprisonment)
  • Spedding [2009] VCC (OHS offences trial following a workplace death)

Related work –

  • Briefs to appear and advice both for and against statutory authorities including the Legal Services Board, Work Safe Victoria and Consumer Affairs Victoria
  • Proceedings under the Serious Sexual Offenders (Detention and Supervision) Act, Crimes (Mental Impairment and Unfitness to be Tried) Act, and Firearms Act
  • Intervention orders
  • Coronial inquests
  • Brief to advise and appear for persons summonsed for examination by bodies such as ACC, ASIC and the Office of the Chief Examiner

Administrative and other work

Recent cases –

  • Howard v Racing Victoria Limited [2015] VCAT (Review of RAD Board decision)
  • Villa v Emaan Pty Ltd [2014] VCAT 274 (retail tenancies)
  • Laverton Property Developments Pty Ltd v Commission of State Revenue [2010] VCAT 35 (stamp duty)
  • Cusmano v Commissioner of State Revenue [2010] VCAT 105 (Land tax)
  • Koolstra v Gippsreal [2010] VCAT 1972 (claim for caveat removal)
  • Ryan v Melbourne Water [2009] VCAT 2079 (FOI)

Shaun has also appeared and advised in general commercial matters involving retail leasing, caveat removal and statutory insurance liability.

Technology

Shaun operates a largely paperless practice and prefers to run cases using electronic documents.  He has an academic background in sciences, particularly computer science.  He is therefore well equipped for cases involving voluminous or technical evidence.

Publications

“Criminal Jury Directions: A New Framework” (2013) 87(8) LIJ 36

“Changes to Jury Directions In Criminal Trials” (2013) 154 Victorian Bar News 65

“Restrictive Post-Sentencing Orders for Sex Offenders” (2011) 85(1/2) LIJ 50

"Forensic samples under s464ZF of the Crimes Act" (1998) 72(12) LIJ 50

"Gala v Preston" (1992) 18(2) Monash University Law Review 243

Accreditation

Indictable Crime Certificate

Victoria Legal Aid Preferred Barrister and Trial Counsel Development Program Mentor

AAI-trained Advocacy Coach