Timothy J. McEvoy

  • Lecturer

The Honourable Justice Timothy J. McEvoy is a judge of the Family Court of Australia in Melbourne, Australia. After graduating from the University of Melbourne in Law in 1993, McEvoy clerked for the chief justice of the Federal Court of Australia, and spent time with the Brussels office of Oppenheimer Wolff & Donnelly. In 1995 he joined the commercial litigation section of Freehill Hollingdale & Page, one of Australia's largest law firms (now Herbert Smith Freehills). He began the LL.M. program at the University of Virginia School of Law in 1997, and was awarded an S.J.D. in May 1999. His dissertation dealt with provisional and protective measures in international litigation and their recognition and enforcement in private international law.

In 1998, McEvoy was appointed by the Australian Attorney-General's Department to the Australian Delegation of Experts to the Special Commission of the Hague Conference on Private International Law. The Special Commission was charged with drafting the proposed Hague convention on jurisdiction and foreign judgments in civil and commercial matters. While at the Law School in 1997 and 1998, McEvoy assisted the Permanent Bureau of the Hague Conference with a comparative study of provisional and protective measures.

McEvoy practiced as a barrister at the Victorian Bar from 2002 until 2019. He became a Queen’s Counsel in 2016, and was appointed to the Family Court of Australia on 27 March 2019. In March 2011 he was awarded a Fulbright Professional Scholarship in Australia-U.S. Alliance Studies sponsored by the Australian Department of Foreign Affairs and Trade to examine closer legal cooperation between the U.S. and Australia.

McEvoy will be in office during the Spring 2019 semester from April 1-11.

Education

  • LL.B.
    University of Melbourne
    1993
  • LL.M.
    University of Melbourne
    1998
  • S.J.D.
    University of Virginia School of Law
    1999
  • B.A.
    University of Melbourne
    1993

Publications

Reports:

"Mareva-Style Prejudgment Protective Measures in English and Australian Law: An Overview," Report to the Deputy Secretary General, Hague Conference on Private International Law (1997).

"Prejudgment Attachment in the United States," Report to the Deputy Secretary General, Hague Conference on Private International Law (1998).

"The Preliminary Injunction as a Prejudgment Security Device in the United States," Report to the Deputy Secretary General, Hague Conference on Private International Law (1998).

Articles:

"The Implications for Australia of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters," 68 Australian Law Journal 576 (1994).

"Takeovers and the TPC: The Use of Interim Injunctions in Response to Alleged Violations of the Trade Practices Act 1974," 3 Competition and Consumer Law Journal 87 (1995).

"New Flesh on Old Bones: Recent Developments in Jurisprudence Relating to Wednesbury Unreasonableness," 3 Australian Journal of Administrative Law 36 (1995).

"The QIW Case and Section 87B Undertakings," 14 Company and Securities Law Journal 175 (1996).

"Administrative Proportionality: Leask v Commonwealth," 4 Australian Journal of Administrative Law 216 (1997).

"Res Judicata, Issue Estoppel and the Commonwealth AAT: Square Pegs Into a Round Hole?" 4 Australian Journal of Administrative Law 37 (1996).

"Proposed Hague Convention on International Litigation," 73(4) Law Institute Journal 78 (1999).

"Provisional and Protective Measures in International Litigation: Mareva and Grupo Mexicano," 94 American Society of International Law Proceedings 60 (2000).

'"Sound Business Reasons': A Panacea for the Exclusionary Conduct of Monopolists?"  75(2) Law Institute Journal 71 (2001).

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