Profile

Full Name: Penny Marcou
Email: pmarcou@vicbar.com.au
Phone: +61 3 9225 6885
Chambers: Niagara Lane Chambers
Date of Admission: 7 Apr 1993
Called to the Bar: 21 Nov 1996
Qualifications: LLB, BA
Previous Occupation: solicitor

Profile

Profile

Penny has an extensive practice which spans over 24 years at both trial and appellate level. Her areas of practice are as follows.

Crime

  • Penny is a Criminal defence barrister based  in Victoria practicising in all Australian jurisdictions..
  • Penny holds the the Indictable Crime Certificate (ICC) - the Victorian Bar launched Australia’s first accreditation scheme for criminal barristers, the Indictable Crimes Certificate (ICC). The accreditation provides a pool of barristers with measurable skills and knowledge fully equipped and capable of running a trial in an indictable matter.
  • Penny is a member of the Victoria Legal Aid's Criminal Trial Preferred Barrister List.
  • Penny appears in the Magistrates, County and Supreme Court in criminal jury trials regularly involving a high degree of legal and factual complexity, often with the use of expert witnesses. She is dedicated to working for individuals when charged with State or Commonwealth offences.
  • She has appeared in major complex fraud trials, historical and recent sexual assault offences, murder (and multiple murder charges), attempted murder and other violent offences including arson, culpable driving and dangerous driving causing death charges. She has appeared in the Supreme Court in criminal test cases and cases involving complex expert evidence. 
  • She has also acted in regulatory prosecutions including white collar crime, Occupational Health and Safety, statutory building offences, Victorian workcover authority.
  • Penny has appeared in 1000's of bail applications for serious charges and in complex applications in Victoria and New South Wales in Magistrate's and Supreme Court.

Intervention Orders

  • Penny appears for parties in applications for intervention orders in stalking matters and family violence in Melbourne and all regional courts. 
  • Regular briefs involve Contested hearings requiring expert cross examination of witnesses and legal submissions. 
  • Penny has successfully appeared in the Supreme Court judicial review in an appeal on an error of law- Critchley v Magistrates Court of Victoria & Esbensen [2019] VSC 435

Liquor Licensing

  • She represents Company's and Directors seeking to maintain or obtain Liquor Licenses and in defending alleged breaches of the Liquor Licensing Act in VCAT and the Magistrates Court.

Inquests and Enquiries

  • Penny is experienced in representing interested parties and in acting as counsel assisting in inquests and inquiries.  
  • She often acts for model litigants and is familiar with the model litigant principles.

Administrative Law

  • Pennys administrative law experience covers judicial and merits review proceedings in Supreme courts,( Boogs v Missen [2017] VSC 50)  the Victorian Civil and Administrative Tribunal (VCAT) in the Guardians-Administrations, Mental Health, Domestic Buildings and Legal Practice lists.

Sports Law

  • Penny has a keen interest in appearing for professional and amateur athletes and sporting associations in domestic tribunals. 
  • She is interested in appearing for players and the Australian Sports Anti-Doping Authority (ASADA) in the Anti Doping tribunal.  

Child Protection- Department of Human Services 

  • Penny has vast experience in complex Department of Human Services child protection matters in the  Childrens court of Victoria and the appellate jurisdictions.

Animal Law

  • Penny's passion is for all law called into play regarding the treatment of animals. This mantra has led her to the the Supreme Court regarding the terms and reference of the contractual sale of a horse,  Boogs v Missen [2017] VSC 50; Port Augusta Local Court on behalf of the South Australian Rspca regarding the maltreatment of of sheep; acting for witnesses in the Greyhound racing prosecutions in Victorian Magistrates Court, acting for rescuers resulting from charges emanating from duckshooting season and the rescue of puppy farms and caged chickens. Penny crosses all legal jurisdictions in Australia for representation regarding the treatment of and movement of animals.

 

Areas of Practice

Appellate

  • Criminal Appeals

Common Law

Criminal Law

  • Appellate
  • Corporate / White Collar Crime
  • Crimes Against the Person
  • Drugs
  • Environmental
  • Extradition
  • Fraud
  • Health & Safety
  • Juvenile / Children's Court
  • Mental Illness
  • Proceeds of Crime
  • Property
  • Sexual Assault
  • Traffic / Motor Vehicle

Family Law

  • Care & Protection
  • Parenting Orders

Industrial Relations Law & Employment Law

  • Occupational Health & Safety (OH&S)

Inquests, Inquiries, Tribunals & Commissions

  • Coronial Inquests
  • Royal Commissions

Public Law & Administrative Law

  • Customs
  • Disciplinary Proceedings
  • Discrimination & Equal Opportunity
  • Extradition
  • Judicial Review
  • Liquor Licensing
  • Merits Review

Also Entitled to Practice in

  • All Australian States and Jurisdictions


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