Contact Details

‘8 Petrie Terrace’
#2 Jacksons Building, 8 Petrie Terrace, Brisbane Q 4000, Australia
Email sholt@8petrieterrace.com.au

P: +(617) 3369 5907
M: 0437 834 441
F: +(617) 3369 7098

Principal areas of practice

Administrative
Appellate
Medico-legal
Civil & Human Rights/Discrimination
Constitutional
Criminal
Inquests/Commissions of Inquiry/Statutory Tribunals
Professional Misconduct

Profile

Saul Holt QC took silk in 2012. He holds a Masters Degree in Public Law. Until recently Saul was Chief Counsel at Victoria Legal Aid and he remains a Victorian Law Reform Commissioner.

Saul now lives in Brisbane and practices in both Victoria and Queensland.

Saul is available to be briefed for advice or appearance work, particularly in appellate, public law, criminal law and medical law cases. He also has a strong interest in human rights and public interest law.

Qualifications and Appointments

2012 Victorian Law Reform Commissioner
2012 Senior Counsel (Victoria)
2012 Chief Counsel – Victoria Legal Aid
2010 Accredited Specialist (Criminal Law) (Law Institute of Victoria)
2011 Accredited Advocacy Trainer (Australian Advocacy Institute)
2006 Admitted as a Legal Practitioner of the Supreme Court of Queensland
2007 LLM (Public Law) (Hons) (Auckland)
2005 Senior Crown Counsel (NZ)
1998 Admitted as a Barrister and Solicitor of the High Court of New Zealand
1998 BA/LLB (Auckland)

Experience

As Chief Counsel at Victoria Legal Aid Saul appeared in some of Victoria’s most significant recent administrative law/human rights and criminal cases. He appeared or advised regularly in the Court of Appeal, Supreme Court, County Court, Coroners Court, Federal Court, High Court and administrative tribunals.

Before moving to Melbourne in 2007 Saul was a Senior Associate at Mcdonells Law in Townsville where he practiced in commercial litigation and defended major regulatory prosecutions.

For 9 years before moving to Australia Saul was Crown Counsel in New Zealand. As well as appearing as prosecuting counsel in approximately 200 jury trials, he appeared and advised on complex regulatory prosecutions for government agencies, public law proceedings for the Attorney General and appeared for the Crown in the Court of Appeal.

Saul has a strong background in medical law. He has advised and appeared in cases involving substituted decision-making including in the parens patriae jurisdiction. He has published on legal issues in assisted reproductive technology and he sat for 5 years as a legal member on the Royal Children’s Hospital Human Research Ethics Committee in Melbourne.

Saul was contracted to the Victorian Department of Justice between 2008 and 2009 where he was responsible for the Trials and Appeals Chapters of the Criminal Procedure Act 2009.

Fees

Fees are by negotiation. Saul will consider appearing pro bono in appropriate cases.

Saul appears in Brisbane or Melbourne on local basis i.e. without additional costs for travel or accommodation. All other locations attract travel and accommodation costs.

Notable Recent Cases

Victorian Toll & Anor v Taha and Anor [2013] VSCA 37
Court of Appeal –Appeal against order in the nature of certiorari – construction of the Infringements Act to protect the rights of people with intellectual disabilities – application of Charter of Human Rights and the principle of legality.

DFJ v Secretary to the Department of Justice [2012] VSCA 177
Court of Appeal –Appeal against VCAT decision – question of law – construction of “exceptional circumstances” provisions for the refusal of a Working with Children Check. 

Slaveski v Smith & Anor [2012] VSCA 25
Court of Appeal – Case Stated (Charter of Human Rights) – existence of an enforceable right of access to legal aid in criminal appeals

R v Bayley [2013] VSCA 295
Court of Appeal – appeal against sentence for murder – construction of Sentencing Act.

MK v Victoria Legal Aid [2013] VSC 49
Supreme Court of Victoria – Application for order requiring legal aid funding for instructors in criminal trials

R v Chaouk [2013] VSCA 99
Court of Appeal – interlocutory appeal by the DPP against stay of trial on the grounds of limitation on funding for solicitors at trial.

A & B v Children's Court of Victoria & Ors [2012] VSC 589
Supreme Court of Victoria – Application for Judicial Review of Children’s Court order that children be represented on a ‘best interests’ rather than ‘direct instructions’ basis.

Payara v CDPP [2012] VSCA 266
Court of Appeal – Case Stated in people smuggling prosecution on the question of whether asylum seekers have a ‘lawful right to come to Australia’ (Judgment as to Costs following retrospective legislation)

 

Selected Publications and Presentations

2013 Fertility Society of Australia 2013 Annual Conference, “Post-mortem Sperm Retrieval – the legalities” (Sydney 1 – 4 September 2013).
2013 Australian Institute of Administrative Law Annual Conference, “The automation of criminal justice” (Canberra 18-19 July 2013).
2012 Australian and New Zealand Journal of Obstetrics and Gynaecology, “Postmortem Sperm Retrieval in Australasia” (August 2012).
2011 AIJA – Criminal Justice in Australia and New Zealand - 'Issues and Challenges for Judicial Administration', “Life after Deitrich: Legal Defence and Legal Aid” (Sydney 8-9 September 2011).
2011 AIJA – Criminal Justice in Australia and New Zealand - 'Issues and Challenges for Judicial Administration', “the forensic implications of jury research” (Sydney 8-9 September 2011).
2008 Australasian Human Rights and Policing Conference, “Reverse onus provisions in human rights litigation” (Melbourne 8-10 December 2008).
2008 Journal of Law and Medicine, “Medico-legal secrecy in New Zealand” (2008) 15 JLM 602.
2006 NZ Post-Graduate Law E-Journal (Issue 4, 2006), “Television Coverage of Election Campaigns: Do Broadcasters have Public Law Obligations?”
2006 NZ Post-Graduate Law E-Journal (Issue 3, 2006), “Appellate Sentencing Guidance in New Zealand”.

Liability limited by a scheme approved under Professional Standards Legislation