About Me

I have a wide practice, covering administrative law, criminal law and family law, as well as general commercial matters and wills and estates.

I appear on applications, at trial and on appeal in the State courts (Magistrates Court, District Court, Supreme Court, Court of Appeal) and regularly appear in the Federal courts: Federal Court, Federal Circuit and Family Court of Australia (Division 1) and (Division 2). I also appear at tribunals, principally the Administrative Appeals Tribunal.

Although my chambers are in Brisbane, Australia, I am happy to travel within Queensland and interstate.

Before coming to the Bar I had a diverse career as a systems psychologist, including a period as a specialist officer in the Australian Army, with overseas operational experience.

As well as holding a Bachelor of Laws with First Class Honours from the Queensland University of Technology, I also have a Bachelor of Science from the Australian National University and a Doctor of Philosophy from the University of Queensland.

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Contact Me

Robert Lake

+61 (0)7 3211 2765

+61 401 174 340

rlake@qldbar.asn.au

Quay 11 Chambers

Level 11, Quay Central

95 North Quay

BRISBANE QLD 4000

Australia

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How to Brief Me

I accept briefs for advices, sentencing, appearance at interlocutory matters, and appearance at trials and hearings up to 2 days' duration. For availability, contact chambers secretaries on +61 (0)7 3236 1958

Although my chambers are in Brisbane, Australia, I am happy to travel within Queensland and interstate.

My fees are competitive in the market and I am happy to discuss a ‘fee on brief’ as a value proposition for your client.

I do not accept direct briefs from the general public, and only take instructions from solicitors and inhouse lawyers. Your solicitor or other professional adviser (e.g., accountant) can help you decide whether you need a barrister and if so who would be a good fit for you.

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My Cases

The following is a selection of my published cases in the areas of administrative law, criminal law, and family law.

Administrative Law

In the Federal Circuit and Family Court of Australia (Division 2) in Brisbane successfully arguing a 'fraud on the tribunal' jurisdictional error: J&C Blinds & Shutters Pty Ltd v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 471 (link)
In the Administrative Appeals Tribunal in Brisbane successfully overturning the Minister’s decision to revoke citizenship under s 34 Australian Citizenship Act 2007 (Cth) in a complex matter argued over 3 days: ZDZG and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2020] AATA 2000 (link)
In the Administrative Appeals Tribunal in Brisbane successfully overturning the Minister’s decision to revoke citizenship under s 34 Australian Citizenship Act 2007 (Cth) in a complex matter argued over 3 days: ZDZG and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2020] AATA 2000 (link)
In the (then) Federal Circuit Court in Melbourne before Reithmuller J successfully arguing jurisdictional error on the notoriously hard-to-establish ground of legal unreasonableness: EEP16 v MIBP [2018] FCCA 3831 (link)
In the Federal Court before Greenwood J for a writ of certiorari under s 39B(1) Judiciary Act 1903 (Cth) arguing jurisdictional error, which was established but did not meet the threshold of materiality: DHX17 v Minister for Home Affairs [2019] FCA 2150 (link)
Note: an appeal was upheld by the Full Court in DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127 (link) However, the High Court in Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28 (link) held that the Full Court was wrong.
In the Federal Court before Collier J arguing jurisdictional error: ALX18 v Minister for Home Affairs [2019] FCA 1948 (link)

Criminal law

In the Court of Appeal, led by Andrew Hoare, on a successful appeal against sentence that touched on the important principles about the use of facts admitted for the purposes of sentencing, and the privilege against self-incrimination: R v Gerhardt [2019] QCA 283 (link)
In the Court of Appeal, led by Andrew Hoare, on a successful appeal against conviction for murder where there was no cause of death or time of death and a reasonable alternate hypothesis was available, and against conviction for torture where the jury was misdirected: R v Dean [2019] QCA 254 (link)

Family Law

Many matters do not proceed to judgment.

In the Full Court of the Family Court before Kent J successfully resisting an application to reinstate an appeal: Kipling & Netis (No. 2) [2020] FamCAFC 184 and Kipling & Netis [2020] FamCAFC 79.
In the Family Court before Carew J, led by Dominc Pyle, on an injunction relating to commercial interests of one party to a marriage arising from claims of oppressive conduct and breach of director’s duties: Farina & Lofts [2018] FamCA 763
In the Family Court before Carew J on a successful claim for costs based on a parent’s actions: Misra & Yendrambam [2017] FamCA 771
In the Federal Circuit Court before Turner J in a parenting matter involving emotional abuse by one parent that resulted in a change of residence: Jamieson & Kennard [2017] FCCA 1642
In the Family Court before Hogan J, led by Graeme Page QC, in a parenting matter involving allegations of abuse: Polson & Polson (No 2) [2017] FamCA 530

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