Josh Underwood

High Court

Dayney v The King (2024) 98 ALJR 857 – meaning and effect of s 272 (self-defence against provoked assault). Led by R M O’Gorman KC 

GJL v The Queen [2022] HCATrans 81 – effect of previous acquittals at subsequent trials. Led by S C Holt KC

Armitage v The Queen [2022] HCATrans 82 – effect of De Simoni principle. Led by S C Holt KC

Intermediate appellate courts

Nicholson v GCMR Project Services Pty Ltd [2025] QCA 242 – first appellate consideration of appropriate sentencing range for offence contrary to s 32 of Work Health and Safety Act 2011 (Qld). Led by R M O’Gorman KC

Faruqi v Hanson [2025] FCAFC (judgment reserved) – resistance to appeal by Senator Hanson from decision that she breached s 18C of the Racial Discrimination Act 1975, including consideration whether s 18C is supported by a head of power or is invalid by reason of infringement of the implied freedom of political communication. Led by S C Holt KC

Smith v Chief Executive, Queensland Corrective Services [2025] QCA (judgment reserved) –whether Corrective Services Act 2006 permits female prisoners to access egg freezing technology whilst in custody. Led by P Morreau KC, speaking role.

R v Ellul [2025] QCA (judgment reserved) – appeal against conviction for rape. Led by T Ryan KC, speaking role. 

R v Brennan; R v Sipple [2025] QCA 57 (notable unreported decision) – appeal against conviction involving consideration of Pfennig test for admissibility. Unled

Mathews v Ipswich City Council [2025] QCA 1 (notable unreported decision) – resistance to appeal involving question as to implied freedom of political communication. Unled.

R v Saraghi-Smith [2024] QCA 180 (notable unreported decision) – successful appeal against conviction for rape. Unled.

R v Dumenil [2024] QCA 118 (selected for reporting) – resistance to appeal against conviction. Led by C M O’Connor 

Palmer Leisure Coolum Pty Ltd & Ors v Magistrates Court of Queensland [2024] QCA 8 (notable unreported decision) – 2-day appeal regarding meaning of ‘incontrovertibility principle’ and ‘fragmentation principle’. Led by P D Dunning KC 

R v Kulatunge [2023] QCA 252 (notable unreported decision) – application of Strbak principle to uncontested sentence; Application of Totaan principle in Queensland. Led by C O’Connor

R v Dayney [No 2] (2023) 13 QR 650 – interpretation and effect of s 272 (self-defence against provoked assault); whether R v Dayney [2020] QCA 264 was wrongly decided. Led by B J Power KC

R v Silcock (2022) 15 QR 154 – interpretation and effect of section 21A of the Evidence Act 1977. Led by S C Holt KC

R v Leach (2022) 10 QR 40 – application of Lee and X7 principles to prosecutions under the Taxation Administration Act 1953 (Cth). Led by P D Dunning KC

R v Armitage (2021) 9 QR 1 – application of De Simoni principle; commencement of substituted sentences under section 668F(2) of the Criminal Code. Led by S C Holt KC

Supreme Court of Queensland

Smith  v Chief Executive, Queensland Corrective Services [2024] QSC 288 (selected for reporting) – whether Corrective Services Act 2006 permits female prisoners to access egg freezing technology whilst in custody. Led by S C Holt KC

Youth Empowered Towards Independence Inc v Commissioner of Police Service & Anor [2023] QSC 174 (notable unreported decision) – Writ of habeas corpus for children held unlawfully in Queensland watchhouses. Led by E Nekvapil SC and K McAuliffe-Lake 

Williams v Parole Board Queensland [2023] QSC – Resistance to application for judicial review of decision to refuse parole. Unled. 

Austin BMI Pty Ltd & Anor v Deputy Premier (2023) 16 QR 377 – 4-day judicial review application regarding respondent’s decision to call-in development application. Unled, opposing senior counsel (instructed by Ashurst).

Austin BMI Pty Ltd & Anor v Deputy Premier [No 2] (2023) 16 QR 503 – Costs on judicial review application. Unled, opposing senior counsel (instructed by Ashurst).

R v Neary [2022] QSCPR 18 – Exclusion of evidence of aggravated quantity of methylamphetamine. Unled.

Palmer Leisure Coolum Pty Ltd v Magistrates Court of Queensland [2022] QSC 227 (notable unreported decision) – Strike out / summary judgment application; effect of incontrovertibility principle. Led by P D Dunning KC

Smith v PRQ (2022) 11 QR 102– Resistance of contempt proceedings brought by Crime and Corruption Commission; meaning of “reasonable excuse”. Led by J R Hunter KC 

R v Dumenil; Kulatunge [2022] QSC – Two-week prosecution for importing commercial quantity of border controlled drugs, contrary to section 307.1 of the Criminal Code (Cth). Led by B J Power KC

Mining and Resources

Australian Conservation Foundation Inc v Minister for the Environment and Water [2025] FCA (ongoing) – judicial review of decision to approve northwest shelf extension project. Led by A D Scott KC (instructed by Environmental Justice Australia) 

Whitehaven WS Pty Ltd v Australian Conservation Foundation Inc [2025] QLC (ongoing) – six-week mining objections hearing for multiple mining lease applications and an environmental authority application regarding a new coal mine in Bowen Basin – led by S C Holt KC and J O’Connor (instructed by MinterEllison)

Bowen Basin Coal Pty Ltd v Environmental Advocacy in Central Queensland Inc [2025] QLC (ongoing) – proposed six-week mining objections hearing for amendment to environmental authority for Lake Vermont Coal Mine – led by S C Holt KC and K Buckley (instructed by MinterEllison) 

Rolleston Coal Holdings Pty Ltd v Department of Environment, Tourism, Science and Innovation [2025] QLC 22 – successful application for recommendation to amend environmental authority. Led by D G Clothier KC (instructed by Allens) 

Department of Environment, Tourism, Science and Innovation v BHP Coal Pty Ltd & Ors [2025] QLAC 1 – successful resistance to appeal regarding meaning and effect of progressive rehabilitation and closure regime as applied to non-use management areas. Led by S C Holt KC (instructed by Allens) 

BHP Coal Pty Ltd & Ors v Chief Executive, Department of Environment, Science and Innovation (No 2) [2024] QLC 13 – scope of Land Court’s power to award costs in appeals. Led by S C Holt KC (instructed by Allens)

Regulatory

ASIC Prosecutions 

R v McCauliffe & Anor (ongoing) – defence of multiple charges contrary to ss 184 and 1311 of the Corporations Act 2001. Led by S C Holt KC (instructed by Gilshenan & Luton) 

R v Marlborough & Ors – defence of multiple charges contrary to ss 11.2 of the Criminal Code (Cth) and s 184 of the Corporations Act 2001 (Cth). Led by S C Holt KC (instructed by Gilshenan & Luton) 

Work Health and Safety Prosecutions / Office of the National Rail Safety Regulator 

Guilfoyle v City Venue Management Pty Ltd [2025] QMC (judgment reserved) – prosecution of swimming pool operator for breach of s 32 of Work Health and Safety Act 2011, exposing a person to risk of death or serious injury. Unled

Nicholson (Work Health and Safety Prosecutor) v Thomas Borthwick & Sons (Australia) Pty Ltd [2025] QDC (judgment reserved) – appeal concerning whether it is a condition of the Court’s jurisdiction that a complaint be failed within 3 days of the summons having been issued. Led by R M O’Gorman KC.

Scorey v Queensland Rail Limited & Anor [2025] QMC (ongoing) – defence of charges laid pursuant Rail Safety National Law (Queensland). Led by R M O’Gorman KC.

Work Health and Safety Prosecutor v Karreman Quarries Pty Ltd [2025] QIC – resistance to appeal against refusal of pre-trial application to strike out complaint. Led by G Rice KC. 

Stone v Anglo Coal (Moranbah North Management) Pty Ltd [2025] ICQ 11 – appeal against conviction regarding interpretation of r 66 of the Coal Mining Safety and Health Regulation 2017. Unled, opposing S C Holt KC and A Freeman

Work Health and Safety Prosecutor v Karramen Quarries Pty Ltd [2024] QMC (31 July 2024) – successful resistance to pre-trial application to strike out complaint. Led by G Rice KC. 

Stone v Anglo Coal (Moranbah North Management) Pty Ltd [2023] QMC – successful two-week prosecution for breach of section 34 of the Coal Mining Safety and Health Act 1999. Led by J Trevino KC 

Guilfoyle v BMD Constructions Pty Ltd [2023] QMC – successful resistance to strike out application turning on meaning of “coal mine” in Coal Mining Safety and Health Act 1999. Unled, opposing C Murdoch KC

Nicholson v GCMR Project Services Pty Ltd [2023] QDC 58 – prosecution appeal against sentence regarding failure to comply with work health and safety obligation causing risk of death or serious injury. Unled.

Strategic advice for prosecution and defence concerning prosecutions under the Work Health and Safety Act 2011; Coal Mining Safety and Health Act 1999; Safety in Recreational Water Activities Act 2011

Coronial

Inquest into death of Rickie Makin (31 July 2025) – appeared for Wynnum Manly Sailing Club. Unled (instructed by Wotton Kearney)

Inquest into death of Hazel Brodie (22 July 2025) – appeared for Gold Coast Private Hospital. Unled (instructed by Avant Law)

Inquest into death of Wayne Kerle (ongoing) – appeared for Queensland Human Rights Commission. Unled.

Inquest into death of Jeanette Sanders (ongoing) – instructed by treating general practitioner. Led by R M O’Gorman KC (instructed by Moray & Agnew)

Inquest into death in custody of Mr George, Kowanyama man (ongoing) – appeared for Queensland Human Rights Commission. Unled.

Inquest into death of Ikraam Bahram (11 February 2025) – appeared for treating psychiatrist. Unled (instructed by Avant Law)

Inquest into death of Selesa Tafaifa (ongoing) – appeared for Queensland Human Rights Commission. Unled. 

Inquest into the deaths of Doreen Langham and Gary Hely – appeared for treating doctor. Unled (instructed by Avant Law).

Medical disciplinary

Strategic advice regarding Sched 5 interviews and submissions to AHPRA

Paramedicine Board of Australia v Callen [2025] QCA 460. Led by S C Holt (instructed by MinterEllison) 

Medical Board of Australia v AXZ [2025] QCAT 363. Unled (instructed by Avant Law)

Paramedicine Board of Australia v Fournier [2025] QCAT 155. Unled (instructed by Turks Legal) 

Medical Board of Australia v Hanafy [2023] QCAT (ongoing). Unled (instructed by Avant Law)

Environment and planning

Strategic advice for companies charged with breaches of Environmental and Protection Act

Strategic advice for companies submitting progressive rehabilitation and closure plans

Other

Andrew Crook v State of Queensland (ongoing) – civil action for damages against the State of Queensland for malicious prosecution. Led by J Greggery KC

Commonwealth of Australia v Greer (ongoing) – resistance to civil action for damages against the Commonwealth and others for malicious prosecution. Led by A D Scott KC 

Barada Barna Aboriginal Corporation v Attorney-General for State of Queensland; Hail Creek Holdings Pty Ltd (ongoing) – complex contractual / native title dispute concerning large North Queensland coal mine project. Led by D Clothier KC (instructed by Ashurst)

R v Humphris [2025] QMC – successful no case submission regarding alleged $430,000 fraud.

R v Seymour [2024] QDC 93 – successful application for permanent stay of fraud charges. Unled

R v Darmanin [2024] – successful appeal against conviction, regarding defence of sudden or extraordinary emergency. Unled. 

Caterer v The King [2023] QDC – Application of Human Rights Act 2019 to police search and seizure of mobile phone (nolle prosequi entered following submissions). Briefed by Queensland Human Rights Commission. Unled.

Mathews v Ipswich City Council (2023) 3 QDCR 1 – Resistance to s 222 appeal concerning summary conviction in absentia. Unled.

R v Hylton-Smith [2022] QMC – successful no case submission to charge of attempted possession of 799.949g of methylamphetamine. Unled.

Singh v Queensland Police Commissioner (2020; Federal Court of Australia) – successful judicial review of respondent’s decision to refuse application permission to travel overseas under section 271A.1 of Criminal Code (Cth). Unled.