Appellate

tttttttttt

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Edmund Finnane Edmund is the General Editor of the Company and Securities Law Journal (Thomson Reuters) Edmund is co-author of the following books: Aziz J, El Khoury P, Finnane E, Pleading Precedents (6th Edition) (Thomson, 2009) Finnane E, Newton N, Wood, C, Equity Practice and Precedents (2nd Edition) (Thomson, 2019) Finnane E, Newton N, Wood, C, Equity Practice and Precedents (Thomson, 2008) Other publications Ed has authored include: Finnane, E, ‘Property (Relationships) Act: Do Costs Follow the Event?’, Law Society Journal, September 2006 p66 Finnane E, ‘Pooling in Corporate Insolvency’, (2005) September-November Commercial Law Quarterly 30-34 Finnane E, ‘Insolvency inquiry: voluntary administration to remain, but some changes on the way’ (2004) September-November Commercial Law Quarterly Young Lawyers, “A Practitioners Guide to Civil Litigation” (2nd Ed, 2006, NSW Young Lawyers, Sydney) (one of several contributors and editors) Young Lawyers, “A Practitioners Guide to Civil Litigation” (1st Ed, 2004, NSW Young Lawyers, Sydney) (one of several contributors and editors) Edmund Finnane and Daren Armstrong, ‘Legislative Review: Repayment of Directors’ Bonuses’ (2003) March-May Commercial Law Quarterly 26-27 Since 2010 Edmund has also been the author of the annotation in the annotated online service Corporations Legislation (Thomson Reuters) as well as the annual volumes, being – Corporations Legislation 2010 (Thomson Reuters, 2010) Corporations Legislation 2011 (Thomson Reuters, 2011) Corporations Legislation 2012 (Thomson Reuters, 2012) Corporations Legislation 2013 (Thomson Reuters, 2013) Corporations Legislation 2014 (Thomson Reuters, 2014) Corporations Legislation 2015 (Thomson Reuters, 2015) Corporations Legislation 2016 (Thomson Reuters, 2016) Corporations Legislation 2017 (Thomson Reuters, 2017) Corporations Legislation 2018 (Thomson Reuters, 2018) Corporations Legislation 2018 (Thomson Reuters, 2019) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Appellate Banking & Financial Services Bankruptcy & Insolvency Commercial Law Corporations Law Easements and Covenants Equity & Trusts Insurance & Professional Indemnity Professional Liability (including medical negligence and directors & officers liability) Real Property Law Retail and Commercial Leasing Trade Practices & Competition Wills & Probate (including Succession and Family Provision) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Arts, Australian National University Bachelor of Laws, Australian National University Master of Laws, University of New South Wales[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience Prior to coming to the Bar Edmund was a solicitor with Madgwick Partners[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Director, Commercial Law Association of Australia Deputy Chairperson, Legislative Review Task Force, Commercial Law Association of Australia[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Edmund has been briefed in a number of significant cases, with and without a leader: Segal v Sharma [2020] NSWCA 314 Gazecki v McCabes Lawyers Pty Ltd [2020] NSWCA 98; 102 NSWLR 259 In the matter of New Seabay Kitchen Pty Limited [2019] NSWSC 1904 In the matter of Seabay Kitchen Pty Ltd [2019] NSWSC 790 Murphy v Trustees of Catholic Aged Care Sydney [2018] NSWCATAP 275 Lewis Securities Ltd (in liq) v Carter [2018] NSWCA 118 El-Bayeh v Bayeh [2018] NSWSC 775 Barber v De Prima [2018] NSWSC 601; 97 NSWLR 932 McCabe as Syndic for the Victor Chang Cardiac Research Institute Ltd v The Baltins Superannuation Fund [2017] NSWSC 1671 Ballas v Balis [2017] NSWSC 1434 El-Bayeh v Bayeh t/as JARS Engineering & Contracting Services [2017] NSWSC 322 Australian Syndicated Mortgage Investments v Evergrand Group Pty Limited [2017] NSWSC 102 In the matter of Rosecell Pty Limited [2016] NSWSC 1914 Ritchie v Woodward [2016] NSWSC 1715 Link 2 Pty Ltd v Ezystay Systems Pty Ltd [2016] NSWCA 317 In the matter of THO Services Limited [2016] NSWSC 509 Cassegrain v Cassegrain [2015] FCA 1233 In the matter of Italian Forum Limited (subject to a deed of company arrangement) (No 2) [2015] NSWSC 1382 In the matter of Italian Forum Limited (subject to a deed of company arrangement) [2015] NSWSC 1386 In the matter of Douglas Webber Events Pty Ltd [2014] NSWSC 1544; 104 ACSR 250; 291 FLR 173 Bakovski v Lenehan [2014] NSWSC 671 Ibrahim v Peri Australia Pty Ltd [2013] NSWCA 328 Segboer v A J Richardson Properties Pty Limited [2012] NSWCA 253 Ducker v Smith [2011] NSWCA 812 Coco v Westpac Banking Corporation [2010] NSWCA 305 Rasyid v Conrad [2010] NSWSC 134 Kekatos v Stafford [2009] NSWCA 219 Strang v Strang (2009) 3 ASTLR 76, [2009] NSWSC 760 Remuneration Data Base Pty Ltd v Pauline Goodyer Real Estate Pty Ltd & Anor [2007] NSWSC 59 Ozzem Kassem v Sentinel Properties Limited (2005) 53 ACSR 724 Re Strarch International Limited (in liquidation) (2005) 191 FLR 225 Frederick Swaab v Commissioner of Police [2005] NSWSC 901 Scott v Commissioner of Police [2005] NSWCA 283 Nicom Interiors Pty Ltd v Circuit Finance Pty Ltd (2004) 50 ACSR 25 Blacktown City Council v Macarthur Telecommunications Pty Ltd (2003) 47 ACSR 391 Smits & Ors v Roach & Ors(2002) 55 NSWLR 166 Shirim v Fesena (2002) NSWSC 10 Roach & Anor v Winnote Pty Limited (in liquidation) & Ors [2001] NSWSC 822 Miller v Sweeney (2000) 157 FLR 1 Smith v UGLA [1999] NSWSC 1123 [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications Available for Download Contract Law Remedies 1/09/2013 Mortgage Disputes: Consumer Claims to Avoid Liability 1/03/2012 Equitable Interests in Land Created by Informal Arrangements 1/03/2011 Estoppel 9/03/2010 Time Limits on Loans Payable on Demand 17/02/2010 Caveats 31/07/2009 Rescission 10/04/2009 Rescission 13/03/2009 Pooling in Corporate Insolvency 1/07/2007 Insolvent Corporate Groups: Pooling 1/01/2007 [/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Colin Hodgson Colin has been listed in the 2016, 2017, 2018, 2019 & 2020 editions of Doyle’s Guide as a Leading Junior Counsel in the area of Wills & Estates Litigation in both the New South Wales list and the Australian List. He has also been listed in Best Lawyers in Australia 2021 Edition in the area of Trusts & Estates.[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Appellate Building & Construction Law Commercial Law Equity & Trusts Inquests, Inquiries & Royal Commissions Insurance & Professional Indemnity Mediation Mediators Professional Liability (including medical negligence and directors & officers liability) Real Property Law Trade Practices & Competition Wills & Probate (including Succession and Family Provision) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Commerce, University of New South Wales Bachelor of Laws, University of New South Wales[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications Available for Download Family Provision Claims Under Succession Act 5/03/2014 Notional Estate: General Principles and Specific Instances 17/09/2008 [/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Clifford Ireland Listed in "The Best Lawyers in Australia" 2022 for: Planning & Environmental Law (since 2020) Real Property Law (since 2021) Construction/Infrastructure Law Water Law Listed by Doyles Guide as a Leading Environmental and Planning  junior barrister, 2021 and since 2013 Listed by Doyles Guide as a recommended Environmental and Planning  junior barrister, 2019 Listed by Doyles Guide as a recommended Environmental and Planning  junior barrister, 2018 Listed by Doyles Guide as a leading Environmental and Planning  junior barrister, 2017 Listed by Doyles Guide as a leading Environmental and Planning  junior barrister, 2016 Listed by Doyles Guide as a leading Environmental and Planning  junior barrister, 2015 Listed by Doyles Guide as a leading Environmental and Planning  junior barrister, 2014 Listed by Doyles Guide as a leading Environmental and Planning  junior barrister, 2013 Clifford has authored the following publications: “Admitting Evidence of pre-contract negotiations” – June 2010, Vol 48 No.5 LSJ “Environmental planning in the public interest and private property rights: The role of s 28 of the Environmental Planning and Assessment Act 1979 NSW” – (2010) 15 LGLJ 155 “Should Private Property Rights Trump The Public Interest in Renewal of the Urban Environment” – November 2009, Volume 15, Local Government Law Journal at 86 “Climate Change Litigation and Planning Law” – Paper, NSW Bar Association Journal, 2008[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Administrative Law Appellate Building & Construction Law Commercial Law Criminal Law Equity & Trusts Liquor & Gaming Law Local Government, Planning & Environmental Law Real Property Law [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Arts, University of Sydney Bachelor of Laws (Honours I), University of Sydney Master of Laws, University of Sydney[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience Solicitor and Senior Associate, Blake Dawson Waldron (now Ashurst) Research Assistant, Land and Environment Court of New South Wales [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications Clifford is the Editor of the “Local Government -  Finance - Actionable Liability” section of Lexis Nexis' Local Government Planning & Environment NSW Service.[/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Sydney Jacobs Sydney specialises in the areas of commercial equity, including real property, conveyancing, easements, covenants, strata, building and construction law, partnership disputes, insolvency, and leasing. Sydney appears before the Supreme and Federal Courts, NCAT and has represented clients in the Industrial Relations Commission, Crime Commission and the Independent Commission Against Corruption as well as at technical references, arbitrations and mediations. Sydney’s experience in Easement matters includes: Acting as mediator. Applications to restrain servient owners from obstructing the use of an easement. Applications to be granted easements e.g. access/carriageway/services under Sec 88k of the Conveyancing Act Applications for declaratory relief in respect of easement rights. Whether easements have become obsolete or have been abandoned. Whether covenants have been overridden by planning instruments. Issues pertaining to both common law and Torrens title. Whether a legal practitioner has been negligent by not giving advice in the context of the purchase of land, that there was no easement securing the right of the purchaser to retain a particular utility in place. Whether there is an equitable easement, or easement by estoppel, to maintain in situ valuable signage and services. Construction of development consents which make provision for easements, including deferred commencement conditions. Comparing strategies under Sec 88k Conveyancing Act / Access to Neighbouring Land Act /Encroachment of Buildings Act. He is also a NMAS accredited mediator, and a BarADR accredited arbitrator and an expert determiner. Complementing his practice as a barrister and mediator, Sydney authors two major loose-leaf services published by Thomson Reuters: Commercial Damages and Injunctions: Law & Practice; and part-authors two leading loose-leaf services, Commercial Arbitration: Law & Practice, and International Commercial Arbitration. Sydney is a frequent presenter at CPD Seminars, some of which are linked below. Prior to being called to the Bar, Sydney was a solicitor in the Construction Divisions of Minter Ellison Morris Fletcher (now Minter Ellison) and Deacon Graham & James (now Norton Rose Fulbright). To brief Sydney, please contact him on (02) 9232 7658 or via email: sjacobsassistant@13wentworth.com.au[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Appellate Building & Construction Law Commercial Law Corporations Law Easements and Covenants Equity & Trusts Inquests, Inquiries & Royal Commissions Intellectual Property Local Government, Planning & Environmental Law Mediation Mediators Real Property Law Retail and Commercial Leasing Trade Practices & Competition [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Accredited Mediator, National Mediation Accreditation System (NMAS), 2018 BarADR Approved Arbitrator & Expert Determiner, 2017 Higher Diploma in Company Law: University of Witwatersrand, South Africa, 1990 Master of Laws: University of Cambridge, UK, 1986 Bachelor of Laws: University of Cape Town, South Africa, 1984 Bachelor of Arts: University of Cape Town, South Africa, 1982 [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience 1997 – Present:  Barrister, 13 Wentworth Chambers 1995 – 1997:       Senior Associate, Deacons Graham & James (now Norton Rose Fulbright) – Construction Department 1994 – 1995:       Solicitor, Levingstons – Commercial Litigation and Maritime Law Department 1991 – 1994:        Solicitor, Minter Ellison Morris Fletcher – Construction Department Academia Sydney is a former part-time lecturer on the topic of Damages and Equitable Remedies, as part of the Master of Laws Program at the University of Technology, Sydney[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership NSW Bar Association Australian Bar Association Resolution Institute[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases [N.B. Easement/Covenant cases and advices are marked with **] Some of the matters in which Sydney has appeared or advised are as follows. Those which are unnamed are either current or were subject to settlement and hence limited details can be provided: 2021 • NSWSC Proceedings No. 2020/321959 - Mediator – mediate multi-party dispute concerning an easement for carriage way, benefiting commercial premises. ** • NSWSC Proceedings No. 2020/44220 – ongoing matter as to whether a right of way ought be extinguished under Sec 89 Conveyancing Act. ** • Advice as to construction of easements for jetty access. ** • Settle application in NSWSC for easement for encroachment. ** • Advise developer about easement for passing bay. ** • Advice as to construction of a right of way allowing gates to be constructed. ** 2020 • Proceedings in the SC of NSW and the ACT: Appeared at mediation of a NSW Supreme Court dispute between partners involved in a construction company; drafted pleadings that one party had become the agent for sale of the shares of the other, owed fiduciary duties and breached them. Claim by one party to an equitable interest in a property purchased by the other and used in the business - Successfully mediated before final hearing. • NSWSC proceedings [No. 2019/316427] against a director of a company in liquidation. Settled pleadings and affidavits as to breaches of director’s duties including uncommercial transactions – successfully mediated before final hearing. • Submissions to the Registrar General on behalf of dominant owner of property, which benefited from an easement for access over neighbour; Successfully opposing an application for removal of the easement by reason of abandonment. Neighbours / servient owner made administrative application that the easement be removed from the register on the basis of obsolescence/abandonment. ** • Advice as to the true construction of an easement for access benefitting substantial rural property. ** • Advice on whether an easement for access to a substantial estate could be removed on Sec 89 Conveyancing Act grounds e.g. obsolescence. ** • Draft pleadings in a NSWSC claiming that there is an easement by estoppel in respect of substantial adjoining properties, alternatively, a claim for an easement for carriageway pursuant to Sec 88 K Conveyancing Act. ** • Advise owner of servient property, over which runs an easement for access, canvassing whether the easement could be removed pursuant to Sec 89 Conveyancing Act by reason of abandonment; and if not, what rights the dominant and servient owners enjoy e.g. as to re-forming its surface; its daily use and what would constitute actionable interference/ nuisance. ** • Advise owners of a shopping centre, in circumstances where an easement benefitting the land is to be resumed. ** • Turvey v Crotti (No. 2) [2019] NSWSC 399 – As lead counsel for Turvey- Costs – Costs on an indemnity basis – whether case unduly prolonged by groundless contentions – offers of compromise – whether maximum sum of costs should be specified. – Successful – Significant Costs ordered. ** • Maphaven Pty Ltd Pty Ltd v The Owners –Strata Plan No 48887 [2019] NSWNCAT – Strata schemes – strata levies – what is the obligation (if any) of a lot holder to make contribution to insurance premiums over and above ordinary levies – change to the use of the leased premises (carpet shop to bespoke tattoo artist) – what impact (if any) did this have on insurance premiums of the strata schemes ? – meaning of consent in Sec 82 (2) Strata Schemes Management Act 2015 – Orders made under Sec 241 of the SSMA –costs awarded to applicant – no part of the costs incurred by the respondent to be levied against the Applicant. • Australian Commercial Marketing v Gold [2018] NSWSC 1701 – Land Law – Occupation of commercial premises – lease / licence – option in licence exercised orally for part of premises, so as to allow the Defendant to remain for a further three years; and other related issues including severance of part of agreement relating to determining rental in the option period that is void for vagueness. • S v A [2018] – Ex Parte Freezing order for close to $900,000 for real estate agent’s commission. • Turvey v Crotti [2018] NSWSC 1959 – As lead counsel for Turvey-Easements – for right of way – old system sub-division – nuisance – defendant obstructed the plaintiff’s ability to excercise the right of way over an access road appurtenant to her property. There was a subdivision of a large estate in the 1800s where the transfers to the original purchasers included the rights to pass and repass on the roads shown in the original plan of subdivision. At least one of these easements was omitted to be registered in a transfer in the 1900s where the land was qualified title, and the Registrar General then used his powers under s 42 Real Property Act 1900 (NSW) to register the easement. Common ground that the defendant’s conduct constituted actionable nuisance – damages for inconvenience. ** • C v T NSWSC [2018] – Application for easement for stormwater to benefit a very large sub-division in Tweed Heads, pursuant to s88k Conveyancing Act. Significant experts’ reports on planning & zoning, civil & hydraulic engineering, valuation and environmental issues. Minister issued concept approval – reasonable necessity and other issues – after being case managed in the Real Property list the matter was mediated by Mason QC; as such, party names redacted. ** • C v G [2018] – Easement for access – blocked by gate – interim injunction for access obtained – matter case managed in Real Property List and settled by negotiation. ** • M v R NSWSC [2018]- Application for easement for access & services pursuant to s88k Conveyancing Act – historic Pyrmont terraces – expert evidence by inter alia architect, heritage architect & electrical engineer – case managed in the Real Property list after evidence served. Mediated successfully in 2018 by Mason QC. ** • McGrath v Mestousis [2017] NSWSC 995: counsel for Mestousis up to but not including trial. Sec 88 K application by McGrath for an easement for stormwater, for purposes of development of residential land – whether easement reasonably necessary for effective use or development of the land – effect of easement upon servient tenement – risk of damage caused by easement works – difficulty in carrying out easement works in compliance with conditions of consent – easement imposed. ** • Littles v J&K Homes Pty Ltd [2017] NCATAP 84 – NCAT Appeals Panel – Home Building contract – contract not terminated at time of hearing – successful appeal against finding that claim for Breach of Warranties could not be maintained. Error of law demonstrated. • S v I – Restraint of Trade – dispute between doctors. Sale of business. Was restraint part of the sale agreement? If so, was it reasonable or was it liable to be struck down? • Spark Property Pty Ltd v Mammone & Cristofaro – SC proceedings 2017/64574 – Successful application to declare Vendor’s Notice to Complete & Notice of Termination of a contract for sale of land, invalid. True construction/rectification of contract. Order for specific performance and costs granted. • Taste of Tuscany Restaurant v Papantoniou [2017] NSWSC 932 – Lease – existence of agreement – no concluded agreement – no intention that parties be bound prior to a formal lease being duly executed – unjust enrichment . • Dionys v National Australia Bank, 12 June 2015 – Successful claim against bank regarding the transfer of funds without authority. Proceedings involved question of whether bank had contractual defences (upheld on appeal [2016] NSWCA 242). • Crawford v Crawford & Morris NSWSC Equity Division Proceedings, 2016/71897 – Freezing/Mareva Orders, worldwide freezing orders regarding properties in Australia and Malta. • Wang & Ors v Kaymet Pty Ltd [2015] NSWSC 1058 – Admissibility of an expert’s report on the basis of whether the opinion shown to be based on the expert’s specialised knowledge. • Wang & Ors v Kaymet Pty Ltd [2015] NSWSC – Proceedings involving purchasers of units “off the plan” and whether builder/developer used reasonable efforts to register the strata plan by the “sunset date”; whether rescission lawful. • Independent Commission Against Corruption (ICAC): Operation Spicer [2014] – Represented the Free Enterprise Foundation, an entity which received donations for the Liberal Party. • Pisano v Williams [2014] NSWSC 1070 – Building and construction dispute; sale of a residence and a claim for damages for misleading or deceptive conduct and breach of duty of care. Defence I raised rejected by the learned trial judge but upheld on appeal by the NSWCA. • Aussteel v Marcon [2014] NSWSC – Preliminary discovery application. • Snowy River Shire Council v Adaminaby Craft Group Inc [2014] NSWLC – Successful claim for return of a valuable decorative curtain involving the doctrine of accession as...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Bill McManus Bill has been recognised in the 2021 Edition of Best Lawyers in Australia in the area of Construction/Infrastructure Law. Areas of Practice Appellate Building & Construction Law Commercial Law Equity & Trusts Insurance & Professional Indemnity Professional Liability (including medical negligence and directors & officers liability) Real Property Law Trade Practices & Competition [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Commerce, University of New South Wales Bachelor of Laws, University of New South Wales[/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Michael Meek SC, TEP An expert in the areas of estates, trust, charities and protection law, Michael’s leading practice has seen him briefed in significant estate litigation, including the estates of the late Bart Cummings and the late Reg Grundy. Complementing his practice as Counsel in estate claims, Michael also acts as a Mediator. Michael has been listed in the 2017, 2018, 2019 & 2020 NSW editions of Doyle’s Guide as a Pre-eminent Senior Counsel in the area of Wills & Estates Litigation. He is recognised as one of the leading Senior Counsel in Australia in this area. Michael has been at the forefront of the law in relation to Statutory Will applications in NSW appearing in the first landmark decision of Re Fenwick (2009) and the first appeal such decision in NSW of Small v Phillips (2019). Michael’s expertise also extends to representing clients in commercial litigation and significant common law matters, such as the Chelmsford litigation, the Tamworth Bus Crash litigation and the Thredbo Landslide Commercial Claims litigation. Michael was called to the Bar in 1992 and appointed Senior Counsel in 2009. He has been a member of the esteemed international Society of Trusts and Estates Practitioners (STEP) since 2014 and a Fellow of the Commercial Law Association of Australia. He holds a Bachelor of Laws and Bachelor of Economics from the University of Sydney. He has been recognised for his outstanding work as is a contributing author and assistant editor for 15 years for Richie’s Uniform Civil Procedure NSW, published by LexisNexis. Michael is the author of “The Australian Legal System” in the Nutshell series published by Thomson and also delivers presentations on developments and topical issues arising in his fields of practice.[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Appellate Commercial Law Equity & Trusts Mediation Real Property Law Wills & Probate (including Succession and Family Provision) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Economics, University of Sydney Bachelor of Laws, University of Sydney[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Society of Trusts and Estate Practitioners (STEP) Commercial Law Association of Australia Michael is the Chancellor of the Anglican Church – Sydney Diocese [/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Ralphed Notley Prior to coming to the Bar, Ralphed was a solicitor at Atanaskovic Hartnell from April 2008 to December 2009. During this time Ralphed primarily acted for four former directors of James Hardie Industries in civil penalty proceedings commenced by the Australian Securities and Investments Commission (ASIC v MacDonald (No 11) [2009] NSWSC 287 and ASIC v MacDonald (No 12) [2009] NSWSC 714). Prior to Atanaskovic Hartnell, Ralphed was a solicitor at Norton Rose Fulbright (formerly Deacons) in the Commercial Dispute Resolution Group from January 2006 to April 2008 and in the Corporate and Commercial Group from February 2005 to December 2005. Since coming to the Bar, Ralphed has appeared in the Local, District and Supreme Courts of New South Wales, as well as the Federal Circuit Court, the Federal Court, the New South Wales Land and Environment Court, the Administrative Appeals Tribunal and the New South Wales Civil and Administrative Tribunal. Ralphed has also appeared for Members of Parliament in public inquiries being conducted by the Independent Commission Against Corruption. Ralphed has been recognised in the 2022 Edition of Best Lawyers in Australia in the area of Insurance Law. Please note that Ralphed has been appointed a part-time Senior Member of the New South Wales Civil and Administrative Tribunal for the period 1 February 2021 to 31 January 2022 and has been assigned to the Consumer and Commercial Division. As a result, he can no longer accept briefs to appear in that Division.[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Appellate Bankruptcy & Insolvency Building & Construction Law Commercial Law Corporations Law Equity & Trusts Insurance & Professional Indemnity Professional Liability (including medical negligence and directors & officers liability) Real Property Law Trade Practices & Competition [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Commerce (University of Newcastle) Bachelor of Laws (Honours Class I) (University of Newcastle) Master of Laws (Corporate & Commercial Law) (University of New South Wales)[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience Solicitor, Atanaskovic Hartnell, April 2008 to December 2009 Solicitor, Norton Rose Fulbright (formerly Deacons), February 2005 to April 2008[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Australian Insurance Law Association Australian and New Zealand Institute of Insurance and Finance Australian Professional Indemnity Group NSW Claims Discussion Group Society of Construction Law Australia[/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Navid Sedaghati Possessing a wealth of knowledge and experience across a range of practice areas, Navid brings 18 years of litigation experience when advising and advocating for clients. In recognition of his expertise and the successful outcomes he has attained for his clients Navid was a finalist in the 2019 Australian Law Awards for Barrister of the year. Navid’s core areas of practice include Commercial Law, Corporations Law, Building and Construction Law, and Private International Law. His practice extends to the banking, finance, property, engineering, information technology, intellectual property, telecommunications, energy, oil, gas, mining, shipping, maritime and fast-moving consumer goods sectors. Navid also possesses particular expertise in international law and in matters where cross-jurisdictional issues arise. Such expertise extends to representing clients in international commercial arbitrations and mediations. Navid has been admitted as a Barrister in Australia and New Zealand, as a Registered Foreign Lawyer of the Singapore International Commercial Court and as a Solicitor of the Senior Courts of England and Wales. The diverse range of clients for whom he has acted include individuals and boutique companies, to some of the most recognised corporations and brands including Panasonic, Telstra, Vodafone, Optus, Burkert, KNet Technology and Blackmores. In 2018 he was part of the team that formulated the Financial Services Sector’s submissions to the Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Sector, known as the Banking Royal Commission. Prior to being called to the Bar, Navid was a Partner of a law firm and General Counsel at one of Australia’s leading beverage companies. The depth and breadth of his experience in legal practice gained through successfully representing or supervising more than 4,000 legal matters has served to bolster his legal and commercial acumen, as well as his client skills. His extensive experience in litigation, compliance, corporate governance and risk allows him to take a well balanced approach to the resolution of his clients’ disputes. In this way, Navid is highly skilled in identifying and allocating risk and seeking effective solutions, and he uses this for the advantage of his clients when advising or representing them in courts and alternative dispute resolution forums. Navid’s qualifications include degrees in Law, Economics, Banking and Finance, a Master of Laws and he is currently in the final stages of completing his Doctorate. As a part time lecturer and tutor at the University of Technology Sydney he teaches civil practice, corporate law, evidence and world trade law. He is a registered mediator under the National Mediator Accreditation System (NMAS), a NSW Bar Association accredited mediator, and an accredited mediator with the Supreme and District Courts of NSW. He is a member of the Alternative Dispute Resolution Committee of the NSW Bar Association, in addition to being a member of several national and industry committees for Corporations Law, International Arbitration and Domestic Arbitration. Navid is available to represent clients in legal matters, including in arbitrations and mediations, in all Australian jurisdictions, Singapore, New Zealand, England, British Overseas Territories and upon request, may consider matters in other countries. Personal Website:  www.navidsedaghati.com.au[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Arbitrators Bankruptcy & Insolvency Building & Construction Law Commercial Law Corporations Law Equity & Trusts International Commercial Arbitration & Mediation International Law (Public & Private) Mediators [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications 2019 Doctor of Business Administration (DBA): Queensland University of Technology 2017 Oxford Advanced Management and Leadership Programme: Said Business School, University of Oxford 2017 ADC Mediator Accrediation: Australian Disputes Centre 2017 ADC Mediation Skills, Techniques and Practice Course: Australian Disputes Centre 2015 Graduate Certificate in Compliance Management: Governance Risk Compliance Institute 2011 Certificate IV in Building and Construction (Building): Master Builders Association of NSW 2007 The Chairman Course by Graham Bradley AM: Australian Institute of Company Directors 2007 Project Management: University of Sydney 2006 Company Directors Course Diploma: Australian Institute of Company Directors 2003 Master of Laws: Australian National University, Canberra 2001 Bachelor of Laws: University of Western Sydney 1999 Bachelor of Economics (Economics / Banking & Finance): University of Western Sydney 1998 Clearing House Electronic Subregister System (CHESS) Settlements: Australian Securities Exchange (ASX) and Securities Institute of Australia [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership 2017 Admitted as a Barrister in Australia 2017 Admitted as a Barrister in New Zealand 2017 Accredited Mediator of the Australian National Mediator Accreditation System (NMAS) 2016 Admitted as a Registered Foreign Lawyer of the Singapore International Commercial Court 2010 Admitted as a Solicitor of the Senior Courts of England and Wales 2010 Admitted as a Barrister and Solicitor of the High Court of New Zealand 2002 Admitted as a Solicitor and Barrister of the High Court of Australia Bar ADR accredited Mediator: New South Wales Bar Association Fellow: Financial Services Institute of Australasia Certified Compliance Professional Fellow: Governance Risk Compliance Institute Internationally Certified Compliance Professional: International Federation of Compliance Associations Member: New South Wales Bar Association Member: New Zealand Bar Association Member: Society of Construction Law Australia Member: The Commercial Law Association of Australia Member: Australian Institute of Company Directors (AICD) Member: Environment and Planning Law Association (NSW) Member: INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Blackmores Limited v H MA Enterprises Pty Ltd & Anor [2018] NSWSC 129757 Vanguard Financial Planners Pty Ltd & Anor v Ale & Ors [2018] NSWSC 314 (led by Christopher Wood) Bazaarvoice Inc v Suede One to One Pty Limited and Panasonic Australia Pty Limited [2013] District Court, 200th Judicial District Travis County, Texas USA, No D-1-GN-13-004278. Think Spirits Pty Ltd v Vish Enterprises Pty Ltd [2011] NSWLC 285082 Brandup Business Solutions Pty Ltd v Maelstrom McCarthy Pty Ltd [2009] NSWDC 5702 Burkert Contromatic Australia Pty Ltd v Nicole Salazar [2009] NSWLC 1477 Residential Property Investments Pty Ltd v Leon Moses Raaff and Denoz Cranes Pty Ltd and Dennis Brijeski [2007] NSWDC 1032 Bellmarch Developments Pty Limited v Stoneleigh Designer Homes Pty Limited and Ors [2007] FMCA 1690 Sellect Properties (Aust) Pty Ltd v Master Property Holdings Pty Limited [2007] NSWSC 2865 Nick Jamons and Anor v Bellmarch Developments Pty Limited and JRJ Plumbing Services Pty Ltd [2007] NSWCTTT HB 07/24295 Jeffrey Edward Buhler and Fiona Buhler v Bradley Scott James Turner and Kelly Marie Lee Skelly Turner and Peter John Bayssari and Baycorp (NSW) Pty Ltd and Peter Lawrence Duffy and All Building Certifiers Pty Ltd and Repel Pest Management Pty Ltd [2006] NSWDC 3870 Peek Developments Pty Limited v Medium Density Management Pty Limited [2004] NSWLC 135 Office of Fair Trading v Solar Lifestyle Pty Limited [2004] NSWCTTT B04/3988 Turrell Building Services Pty Limited and Anor v Hudson Timber & Hardware Limited [2003] NSWLC 17485 Rageaway Pty Ltd v Pike’s Plant Hire & Services [2002] NSWSC 6154 [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications, Seminars & Training Navid regularly conducts training sessions, and delivers tailored seminars and continuing legal education presentations, to lawyers and industry professionals regarding specialised legal issues and emerging legal developments, including: Corporate Litigation, Directors’ Duties (including recent developments to s180 of the Corporations Act 2001) and the Anticipated Change in the Behaviour of ASIC and Other Regulators in the Wake of the Hayne Royal Commission - Corporate Governance Summit A discussion with Navid Sedaghati Barrister on Corporations Law Litigation and upcoming targets of prosecution by the regulators – Legalwise Seminars How to use Free Trade Agreements (FTAs), Bilateral and Regional Trade Agreements and International Law to Win Domestic Australian Commercial and Administrative Law Court Cases Using International Law, Free Trade Agreements (FTAs), Bilateral and Regional Trade Agreements to Win Court Cases for Australian Corporations in Overseas Jurisdictions Copyright Law, Defamation and Social Media – to the marketing department of corporations and communications agencies NSW Liquor Licence Obligations and Compliance – to compliance and accounting professionals Marketing Law, Advertising Code of Conduct and Liquor Promotion Guidelines – to the marketing department of corporations and communications agencies Contract Law, Dispute and Claim Prevention – to the sales force of corporations Corporate Law – to solicitors, Masters, post graduate and undergraduate law students at the University of Technology, Sydney The Law in Relation to the Admissibly of Evidence and Civil Procedure – to law students at the University of Technology, Sydney Repudiation of Contracts – to barristers and solicitors at the Off-Piste Continuing Legal Education Conference Law and Ethics – to banking, finance and securities practitioners and post graduate students for the Securities Institute of Australia [/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Michael Windsor SC Areas of Practice Appellate Commercial Law Disciplinary Proceedings Inquests, Inquiries & Royal Commissions Insurance & Professional Indemnity Mediation Professional Liability (including medical negligence and directors & officers liability) Professional Malpractice Trade Practices & Competition [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Commerce, University of New South Wales Master of Commerce, University of New South Wales Bachelor of Laws, University of New South Wales[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience Michael was called to the Bar in 1988 and appointed Senior Counsel in 2008. He has appeared in several high-profile Royal Commissions, Tribunals and Inquiries, such as the Royal Commission into the Home Insulation Program and the Royal Commission into Institutional Responses to Child Sexual Abuse. His practice also extends to appearing in professional negligence litigation, disciplinary proceedings, common law litigation, insurance law, intentional torts and consumer law. Previously, Michael practised at Henry Davis York in commercial law and common law litigation. Prior experience also includes working at the Investment Corporation of Papua New Guinea, Department of Foreign Affairs and Department of Industrial Relations (Commonwealth).[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Royal Commission into the Home Insulation Program (inquiry into the development and implementation of the Commonwealth Home Insulation Program) – appeared on behalf of 73 entities which had conducted insulation installation businesses both before and during the Home Insulation Program Royal Commission into Institutional Responses to Child Sexual Abuse – appeared at Case Study hearings into “Health Care Providers” and “Bethcar Children’s Home” Nobarani v Mariconte (2018) 92 ALJR 806 – procedural fairness; succession Nobarani v Mariconte (No. 2)  (2018) 92 ALJR 1031 – procedural fairness; costs State of NSW v Cuthbertson [2018] NSWCA 320 – damages; costs of defending criminal procedings Fletcher v State of NSW [2019] NSWCA 31 – causation; damages; wrongful arrest & false imprisonment Avopiling Pty Ltd v Bosevski [2018] NSWCA 146 – Torts; contributory negligence; damages assessments Inquest into the death of David Dungay – appearance for Justice Health; death in custody Eades v Endeavour Energy & Ors [2018] – Class action following bushfires in NSW Rickhuss v The Cosmetic Institute Pty Ltd & Ors [2018] NSWSC 1848 – class action relating to cosmetic surgeries Smythe v Burgman [2015] NSWSC 298 – medical negligence claim against medical practitioner Grills v Leighton Contractors Pty Ltd [2015] NSWCA 72; Grills v Leighton Contractors Pty Ltd (No.2) [2013] NSWSC 1951 – claim in tort against the owner and operator of motorway. Liao v State of New South Wales; Zhang v State of New South Wales [2014] NSWCA 71 – Claims arising out of the Olympic Games held in Sydney in 2000 and included claims for damages for inducing breach of contract, wrongful arrest, false imprisonment, malicious prosecution Courts v Essential Energy [2014] NSWSC 1483 – catastrophic injury claim following contact by road hauler with overhead power line Inquest into the death of Michael Wilson – long running inquest into the death of Special Casualty Access Team (SCAT) officer who died while retrieving a patient from a canyon in NSW Goddard & Ors v Central Coast Health Network [2013] NSWSC 2013 – professional negligence claims against surgeon and health network, quantification of damages pursuant to Compensation to Relatives Act 1898 Tamara King bhnf Kevin King v Sydney South West Local Health District [2013] NSWCA 162 – medical negligence claim against Local Health District following catastrophic injury to foetus in circumstances where mother had contracted chicken pox Bannister & Hunter Pty Ltd v Transition Resort Holdings Pty Ltd [2013] NSWSC – claim against a surveyor & engineer concerning breach of contract, tort, misleading & deceptive conduct, entitlement to rectification of land Jones v Construction Control (ACT) Pty Ltd [2012] ACTSC 93 – litigation concerning collapse of structures at Canberra Airport site[/vc_column_text][/vc_column][/vc_row]...

Loading new posts...
No more posts