Qualifications

LLB (Hons) (Adelaide) (Honours thesis in rescission and affirmation of contracts)

LLM (Adelaide) (Thesis in evidence and constitutional law)

LLM (Deakin) Competition and Consumer Law and Policy)

PhD (Adelaide) Thesis in constitutional law and human rights

Dr Neville Rochow KC is a widely experienced advocate and legal adviser. As a barrister since 1988, he has practised in commercial and related areas that include competition, consumer, corporate, and constitutional (public) law. His practice comprises project litigation, appeals, and complex dispute resolution. He has appeared at all state and federal jurisdictional levels including the High Court of Australia. He now specialises in international, multi-jurisdictional disputes, class actions, and human rights. He has been an adviser to an interest platform at the European Parliament in Brussels and undertaken research and taught at Mannheim University law school in Germany. With a broad interest in many areas of domestic and international law, he has appeared in inquiries held by Australian state and federal parliaments. He has also made submissions and spoken ay the European Parliament in Brussels, the European Court of Human Rights in Strasbourg, in the House of Lords and in the English Law Reform Commission in Westminster.

Cases in which he has advised and appeared include Colonial Mutual Life v Glaser and Popowski; North Groongal Pastoral Company Pty Ltd v ANZ McCaughan; Copping v ANZ;  McCaughan; Public Trustee v Paradiso; Andrew Knox Holdings v ANZ and Esanda; FAI v Workcover; Perre v Apand Pty Ltd; Woolcock Engineering Pty Ltd v SWF Hoists Pty Ltd; Andrew Garrett Wine Resorts Pty Ltd and anor v National Australia Bank; Ethnic Earth v Quoin Technology; Hydron Pty Ltd v Harous; Duke Group Ltd (in liq.) v Barker and ors; Maniotis v J H Lever Pty Ltd; Astill v South Esplanade Developments Pty Ltd; Fadu and ors v ILS and ors; Cini v Pets Paradise Franchising; Scholle Industries Pty Ltd v AEP Industries and anor; Blenkinship and anor v Skilled Group Ltd and anor; Piling Systems v Barry Plant; Accordent Pty Ltd v RMBL; Sky City v Valuer General and Adelaide City Council; Moss v Lowe Hunt; Rasch v Bartholomaeus and ors; Moore-Air v Rail Commissioner; De Poi and anor v Hillross and ors; Liu v Liu and Wang; Australian Egg Corporation re Registrar of Trade Marks and ACCC (2012); Martino and ors v Arsić and ors; Elders Financial Planning Pty Ltd v Mackintosh and ors (2012 -2013); Fair Work Ombudsman v Devine; ACCC v Australian Egg Corporation and others (2014 – 2015) SJ Berry Pty Ltd & Anor v Mc Entee & Ors; Piscionari v Piscionari; Hill and Ors v Barnes and Ors. In the area of domestic public law, he recently led the successful appeal in the Court of Appeal in TGN v MCN and the Public Advocate [2023] SASCA 62.

In addition to advocacy, Dr Rochow has published variously books, chapters, and articles on a wide range of topics. They include Paying for Human Rights Before the Bill Comes -Towards A More Comprehensive Domestic Implementation of International Human Rights Norms in Australia (SRN: http://ssrn.com/abstract=1356382 orhttp://dx.doi.org/10.2139/ssrn.1356382); 'Feels Like Déjà vu: Religious Freedom and a Proposed National Bill of Rights for Australia' 2010 BYU L. Rev. 821 (2010); Freedom of Religion Under Bills of Rights (University of Adelaide Press, 2012) (book, as joint-editor with Assoc. Professor Paul Babie); 'Religious Freedom and Bills of Rights: Australia as Microcosm', chapter in Freedom of Religion Under Bills of Rights (University of Adelaide Press, 2012) with Assoc. Professor Paul Babie, 1 – 11; “‘Speak Now or Forever Hold Your Peace…’ – The Influence of Constitutional Argument on Same-Sex Marriage Legislation Debates in Australia” 2013 BYU L. Rev. 521 (2014); ‘An Incurable Malaise: Commonwealth v. Australian Capital Territory and Baskin v. Bogan as Symptoms of Early-Onset Dystopia’ BYU Law Review 2015 BYU L. Rev. 609; (2016);  ‘Toward a Modern Reasoned Approach to the Doctrine of Restraint of Trade’ (2014) 5 Western Australian Jurist 25; ‘Causes of Coming Discontent: The European Union as a Role Model for Australia?’, Upholding the Australian Constitution, (2017) Vol. 29, 103 – 179; ‘‘Somnambulating Towards AI Dystopia? The Future of Rights and Freedoms’, in AI and IA: Utopia or Extinction? Edited by Ted Peters, special issue of Agathon: A Journal of Ethics and Value in the Modern World, Volume 5, 2018, 43 – 67; ‘Immortal Beings without Soul or Conscience: Toward a Corporate and an AI Ethic’ in Paul Babie and Rick Sarre (eds), Religion Matters (Springer Nature Singapore, 2020) https://link.springer.com/book/10.1007%2F978-981-15-2489-9; (With Jacqueline Rochow), ‘From the Exception to the Rule: Dignity, Clubb v Edwards and Religious Freedom as a Right’ (2020) 47(1) University of Western Australia Law Review 92; (With Paul T. Babie and Brett G. Scharffs), ‘Creating and Conserving Constitutional Space’ in Freedom of Religion or Belief - Creating the Constitutional Space for Fundamental Freedoms (Edward Elgar 2020); Paul T. Babie, Neville G Rochow QC and Brett G. Scharffs; ‘Dignity – Continuation of a Dialogue’ (with Hans-Joachim Cramer), in Brett G. Scharffs, Andrea Pin and Dmytro Vovk (eds.), Human Dignity, Judicial Reasoning and the Law: Comparative Perspectives on a Key Constitutional Concept (Routledge 2024), pp. 32–60; ‘A Pound of Remedy when an ounce of prevention won’t do: an overview of the civil remedial provisions of the Competition and Consumer Act 2010 (Cth)’ (Legalwise Seminar 2011); ‘Is the Bar Uber-Sensitive?  A Celebration of the Cab-Rank Rule.’ (South Australian Bar Association 2018); ‘Doing the Right Thing: Legal Ethics, Now and into the Future’ (Legalwise Seminar 2019).

Phone: (08) 8410 3672

Email: nrochow@ejchambers.com.au