Admissions:
Barrister: 1987 (admitted to practise in NSW, QLD, Vic, ACT, NT & Federal Courts)
Academic Qualifications and Accreditations:
Bachelor of Laws (LLB (Hons)), University of London (1980)
Master of Commerce (MCom), University of NSW (1985)
Master of Laws (LLM), University of Sydney (1993)
Resolution Institute mediation accreditation (1997) and Expert Determiner (2021)
Fellow (FCIArb), Chartered Institute of Arbitrators (1997)
Accredited Bar Association Mediator, Arbitrator and Expert Determiner
Accredited Mediator AMDRAS
Member Australian Dispute Resolvers Association (2023)
Biography:
I was called to the bar in December 1987.
In the course of practice as a barrister until late 2017 I regularly appeared in the Supreme Court of NSW, the Federal Court and the District Court of NSW. I also appeared in other tribunals, including the High Court of Australia, the ACT Supreme Court, the NSW Administrative Decisions Tribunal, NCAT, the Family Court of Australia, the Dust Diseases Tribunal, the Workers Compensation Court and in Royal Commissions of Inquiry and in Coronial Inquiries.
My expertise as a Barrister was broad, and I regularly appeared as an advocate and provided written and oral advice in many matters. My principal areas of expertise were in business law, equity, estate matters and alternative dispute resolution. I also have experience in common law and personal injury, insurance, land lord and tenant, insurance and building and construction
I now mainly practise alternative dispute resolution particularly mediation. I have conducted many mediations including at least 4 separate weeks as a mediator for the ACT Local Court. I also conduct expert determinations and arbitrations. I hold a current NSW practising certificate to practice as a barrister
Areas of Practice as a Barrister:
Equity
Business law
Estate and Probate Litigation including family provision and wills
Trusts and property
Contract law
Commercial law
Administrative law
Alternative dispute resolution including mediation
Employment law – restraints of trade and confidentiality
Trade practices and competition (including sale of goods and product liability)
Building and engineering
Professional negligence and professional conduct
Leases
Mortgages and guarantees
Bankruptcy
Corporations law
Torts including common law claims for damages
General Professional Experience:
Alternative Dispute Resolution Experience:
I completed the Resolution Institute (formerly LEADR) mediation course and am a nationally accredited mediator (NMAS). I am a Professional Member of the Resolution Institute. I have also completed ACDC mediation courses. I have extensive experience in dispute resolution, having acted as a private mediator on many occasions. I have been appointed to the NSW Bar Association’s mediator panel, as well as the NSW District Court and Local Court mediator panels. I have also been appointed to the ACT Local Court mediator panel.
I have been appointed to the arbitration panel for the NSW Bar Association as well as for the District Court and Local Court. I have conducted over 30 arbitrations for the District Court, as well as some for the Local Court and also some private arbitrations. I am a Fellow of the Chartered Institute of Arbitrators, a prestigious world-wide arbitration body centred in London, UK. I am also accredited as an expert determiner by the NSW Bar Association and the Resolution Institute and have acted as an expert determiner.
I hold an appointment as a Contribution Assessor of the NSW Dust Diseases Tribunal as part of its statutory alternative dispute resolution regime. In addition I am a Senior Member of the ACT Civil and Administrative Tribunal and a member of the Central Coast Council Code of Conduct Reviewer Panel which investigates and reports on alleged misconduct of Council members and senior staff
Equity Litigation
I practiced extensively in the Equity Division of the Supreme Court of NSW particularly in cases involving equitable principles, remedies and defences. I have lectured on various equitable remedies for the College of Law and other bodies particularly on injunctions, Anton Pillar orders/search, Mareva injunctions/asset freezing orders and the like.
I have acted for various churches on disputes involving their constitutions, for instance, the Presbyterian Church of Australia, the Church of Scientology and others.
I have handled disputes involving will construction, cy prés schemes, breach of trustees’ duties, accounting questions, fiduciary issues and most of the full range of equity suits that occur. I have handled conveyancing and property disputes including rectification and termination of contracts, specific performance applications and applications for easements. I have had experience in oppression/shareholder disputes, and am well-versed in accounting theory holding a Master’s degree majoring in accounting and finance. I have handled cases involving the principles of unconscionable conduct, fraud, breach of fiduciary duty, undue influence, equitable estoppel, penalties and forfeitures.
I have had considerable experience in Probate litigation including family provision and disputed wills.
I am also familiar with strata title and body corporate disputes.
I have handled many landlord and tenant disputes including claims for possession, breaches of lease and relief against forfeiture.
Commercial law, Property, Contract Law, Professional Negligence
I have acted in many disputes involving banks, insurers, finance companies, corporations, property developers and owners, strata titles, partnerships and sole traders in the Federal Court and in the Supreme Court including in the Equity Division, Commercial List, Corporations List, Arbitration List and in the Common Law Division.
I have a strong understanding of commercial behaviour and motivation which assists me in the conduct of cases.
My experience extends to disputes in building and construction and in manufacturing and I have an excellent understanding of management principles and management accounting. I have acted in referrals to expert referees in various industries including building, accounting and taxation. I have appeared in long running hearings lasting several weeks or more including major commercial arbitrations in relation to the Sydney Light Rail and also the Cockatoo Dockyard dispute.
Trade Practices, Consumer Protection & Corporations Law litigation
I have been briefed in winding up applications, applications for appointment of receivers and provisional liquidators to corporations, fraud trials, s.52 (now s.18 Consumer Law) cases and in relation to various restrictive trade practices issues both on behalf of plaintiffs/applicants and respondents/defendants.
I have advised in relation to the Consumer Credit Code both the State based and the current National one.
I am familiar with the conduct of meetings and advised on the tactical aspects of shareholders’ disputes and community groups.
Administrative / Public Law / Professional Conduct
I have appeared in the Supreme Court Administrative List and in the NSW Commercial and Administrative Tribunal. I have also appeared in the Federal Court. I have advised government on professional conduct of barristers and solicitors and have been retained as an independent investigator by the NSW Legal Services Commissioner from time to time in relation to serious allegations. I have also acted for solicitors the subject of allegations of professional misconduct and unsatisfactory conduct.
I have presented cases involving challenges to procedural fairness of government bodies and decision makers and domestic tribunals involving issues of procedural fairness and bias. I have appeared in appeals to the Courts from various administrative decision makers such as the Department of Health and the ACT Commissioner for Community & Health Services. I have also represented clients in their dealings with governmental decision makers, for instance, during the giving of evidence under compulsory powers.
Public Inquiries
I appeared for employees of the Civil Aviation Authority in a major Royal Commission involving the airline industry before Mr Staunton QC, the former Chief Judge of the District Court of NSW. I also appeared in other major inquiries including a coronial inquiry which included extensive lay and expert witnesses, and which required significant preparation.
Arbitrations / References
I am familiar with the legislative schemes that govern arbitrations and references out to experts and the practices and procedures involved having acted in long running arbitrations and references over the years for various clients. The industries have included computer technology, light rail, ship building and land remediation, engineering and construction work.
Common law
I have conducted trials and advised on personal injuries claims including motor vehicle accidents, industrial accidents, slip and fall cases and medical negligence. I have represented plaintiffs and defendants including insurers.
Memberships:
NSW Bar Association
Resolution Institute formerly LEADR
Chartered Institute of Arbitrators
Australian Dispute Resolvers Association
Publications, Seminars and Papers:
2018 and 2020 – Chaired Television Education Network Fourth Annual Ten CPD Point Conferences on Ethics, Skills and Marketing for solicitors
1 November 2017 – Paper – “Without Prejudice Privilege – Does it prevent disclosure to third parties?” – The Law Society of New South Wales Law Society Journal – November 2017 Issue
13 September 2017 – Paper – “Without Prejudice Privilege- Does it prevent disclosure to third parties?”- for 12th Floor Wentworth Selborne Chambers
22 June 2017 – Seminar – “Expert Determination” – Expert Determination, Mediation and Arbitration – For 12th Floor Wentworth Selborne Chambers
21 May 2015 – Seminar – “Litigating Employee Restraints of Trade Cases” – Twilight Seminar – For 12th Floor Wentworth Selborne Chambers
18 November 2014 – Seminar – “Litigating Employee Restraints of Trade Cases” – Twilight Session of the Industrial Relations Society of New South Wales
30 September 2014 – Seminar – “Obtaining Urgent Interlocutory Injunctions – Principles and Update on Recent Cases” – North Metropolitan Law Society
31 March 2014 – Seminar – “Preparation for Mediation Including Choice of Mediator” – NSW State Legal Conference – “A morning of dispute resolution with the 12th Floor”
27 March 2014 – Webinar – “Ethics in Mediation” – Television Education Network
7 March 2014 – Seminar – “Ethics and Professional Responsibilities: Ethics in Mediations” – Television Education Network
22 August 2012– Seminar– “Preparation for Mediation (including choice of a mediator)” – For 12th Floor Wentworth Selborne Chambers
31 July 2012 – Seminar on the Legal Profession Act 2004 – For 12th Floor Wentworth Selborne Chambers
31 May 2012 – Seminar – “Obtaining Urgent Interlocutory Injunctions – Principles and Update on Recent Cases” – for Curwoods Lawyers
14 March 2012 – Seminar and Web Conference – “Obtaining Urgent Interlocutory Injunctions – Principles and Update on Recent Cases – for College of Law
17 November 2010 – Seminar – “Interlocutory Injunctions and other Urgent Remedies in the Equity Division for employment lawyers” – for NSW Young Lawyers
7 September 2010 – Paper – “What makes for a successful Mediation” – unpublished
21 July 2010 – Seminar – “Interlocutory Injunctions and other Urgent Remedies in the Equity Division” – for College of Law
3 September 2009 – Seminar – “Urgent Interlocutory Injunction Applications in the Equity Division” – for College of Law
July 2009 – Article “Interlocutory Injunctions – Making urgent applications in the Equity Division of the Supreme Court” – published in Law Society Journal Volume 47 No. 6 pp 78-81
May 2009 – Article “Litigating Employee Restraints of Trade and Confidential Information – published in the Law Society Journal May 2009 Vol 47 No. 4 pages 59-61
9 March 2009 – “Litigating Employee Restraints of Trade and Confidential Information Cases” – for College of Law as part of Seminar on “Topical Issues in Workplace Law”
18 February 2009 – “Applications in the Equity Division – Interlocutory Injunctions” – for NSW Young Lawyers
8 October 2008 – “Update on the Restraints of Trade and Confidential Information in Employment” – Seminar for NSW Young Lawyers
21 July 2008 – “Arbitration in the District Court” – Seminar for the NSW Bar Association
23 February 2008 – “Restraints of Trade in Employment, Non-Solicitation Clauses and Protection of Employers’ Confidential Information – Overview of Principles, the 2006-2007 cases and Practice and Procedure Tips for Litigators” – Lecture for NSW Young Lawyers