Disciplinary Proceedings

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[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] Teni Berberian Teni has been listed in the 2021 edition of Best Lawyers in Australia in the practice area of Insurance Law. She has been listed in the same area of practice since 2016. She was also listed in the 2019 Doyle's Guide as Leading Insurance Junior Counsel. [/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 Building & Construction Law Criminal Law Disciplinary Proceedings Inquests, Inquiries & Royal Commissions 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 Science (Biomedical), University of Technology Sydney Bachelor of Laws (Honours I), University of Technology Sydney (Research thesis at George Washington University, Washington DC) 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, Slater & Gordon, 1998 to 2002 Senior Associate, PWC Legal and Hunt & Hunt, 2002 to 2005 Since 2007 Teni has also been a guest lecturer in the subject “Legal Principles” at the University of Sydney School of Medicine, Department of Obstetrics, Gynaecology and Neonatology[/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 Association of Women in Insurance Society of Construction Law 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 Teni Berberian was admitted as a solicitor in 1998 with degree in Biomedical Science/Law with Hons and in 2002 obtained her Masters in Law from the University of Sydney. She was called to the NSW Bar in 2005 where she practises from the 13th floor Wentworth Selborne Chambers. Teni’s main area of practise at the Bar is insurance, an area she practised in extensively as a solicitor. She practises in all aspect of insurance law and insurance litigation including life, TPD, income protection, professional indemnity, general liability and general commercial litigation. She has been briefed and appears on behalf of many local and international insurers in various Courts in NSW, ACT and Victoria. Teni has been named in the “Best Lawyers in Australia” in insurance law for 2015, 2016 and most recently for 2017. Teni has a special interest in medical law and is briefed regularly on behalf of medical indemnity insurers and the NSW Ministry of Health to appear on behalf of medical practitioners as well as public and private hospitals in defence of medical negligence claims and Coronial Inquests. Teni was involved in the landmark case of Tabet v Gett, now the leading High Court authority on causation in medical negligence cases. Since 2007, Teni has been a guest lecturer of legal principles at the University of Sydney School of Medicine, Department of Obstetrics, Gynaecology and Neonatology. Teni has extensive experience and expertise in Commonwealth crime matters and appears on behalf of the Crown on instructions from the Commonwealth Department of Public Prosecutions (CDPP) in prosecution of serious Commonwealth crime matters. She has appeared in various complex trials before juries in matters involving people smuggling, tax fraud, insider trading, proceeds of crime, drugs, money laundering and criminal breaches of the Corporations Law. Teni has appeared for the Commonwealth in various Project Wickenby prosecutions for tax fraud, involving offshore tax havens as part of the joint initiative between the ATO and the AFP. Teni is also briefed and appears in both the prosecution and defence of disciplinary proceedings involving solicitors. She was junior counsel briefed on behalf of the NSW Bar Association in the leading case on overcharging by barristers in New South Wales Bar Association v Meakes both at first instance and in the NSW Court of Appeal.[/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] Karen Kumar Areas of Practice Common Law Disciplinary Proceedings Inquests, Inquiries & Royal Commissions Insurance & Professional Indemnity Mediation Professional Liability (including medical negligence and directors & officers liability) [/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 LLB (Hons), Sydney University Graduate Diploma of Legal Practice, ANU Bachelor of Nursing (Hons), Sydney University[/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 2019 - present: Barrister, 13 Wentworth Chambers 2011 - 2019: Partner, Hicksons Lawyers 2008 - 2011: Senior Associate, Sparke Helmore 2007 - 2008: Senior Claims Specialist, Chubb Insurance 2001 - 2007: Solicitor, MDA National Insurance 1998 - 2001: Solicitor, Blake Dawson[/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] Nicholas Simone Nicholas has a broad commercial and insurance litigation practice with a focus on contract, tort, and professional negligence disputes. He regularly appears in all NSW and Federal courts and tribunals, as well as in commissions of inquiry and inquests, both led and unled. Nicholas has acted for plaintiffs and defendants in commercial, building & construction, professional negligence (financial services, construction, legal and health professionals), general equity, tortious property, and insurance coverage disputes. Prior to coming to the bar, Nicholas was the associate to Judge Hatzistergos AM of the District Court of NSW and then practised as a solicitor at a national firm with a leading insurance practice[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][vc_row_inner row_type="row" type="full_width" text_align="left" css_animation=""][vc_column_inner][vc_column_text] Areas of Practice Bankruptcy & Insolvency Building & Construction Commercial Law Common Law Disciplinary Proceedings Equity Insurance & Professional Indemnity Law Inquests, Inquiries & Royal Commissions Professional Liability including medical negligence and director's and officer's liability [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column_inner][/vc_row_inner][/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 Master of Laws, The University of Sydney, ongoing Graduate Diploma of Legal Practice, College of Law, 2015 Bachelor of Arts/Laws, The University of Sydney, 2014[/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, Hall & Wilcox Lawyers, 2016 –2020 Associate to Judge Hatzistergos AM, District Court of New South Wales, 2015 – 2016[/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 Insurance Law Association Claims Discussion Group[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][vc_column_text] Selected Cases NSW Court of Appeal Gautam v Health Care Complaints Commission [2021] NSWCA 85 (led by M Windsor SC) – disciplinary proceedings; health practitioner misconduct. Sharmain Daisy Clarke v Hicksons Lawyers [2021] NSWCA 100 (led by D Lloyd SC) - summary dismissal; professional liability; Vexatious Proceedings Act 2008.  Supreme Court of NSW McGettigan v Coulter & Anor; Coulter & Anor v McGettigan [2021] NSWSC 1097 (led by J Brown) – fraud and forged documents; probate dispute; partnership and lease agreement disputes. Sondakh v Herliman [2021] NSWSC 1144 (led by J O’Sullivan) – strike out application. Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd & Ors [2021] NSWSC 290 (led by R Notley) – building & construction; contractual dispute; delay claim: liquidated damages, prevention principle and penalties. Growthbuilt Pty Ltd v Modern Touch Marble & Granite Pty Ltd (No 2) [2021] NSWSC 952 (led by R Notley) – costs; ‘Bullock’ and ‘Sanderson’ David Do Rosario Conceicao v Carlos Jose Luis Loureiro [2021] NSWSC (unreported 08.06.2021) (unled) – application to withdraw caveat. Arys Health Pty Ltd v Le (No 2) [2021] NSWSC (unreported 26.07.2021) (unled) – application to vary injunction.  Inquests, Inquiries & Royal Commissions Inquiry into the Norfolk Island Regional Council [2021] (unled) – departmental public inquiry in the financial management of local government on Norfolk Island; appeared for the Council. Inquest into the deaths of John, Jack and Jennifer Edwards [2020] (led by D Lloyd SC) – coronial inquest into manner of death; appeared for a health practitioner.  Other courts and tribunals Various appearances unled and led. [/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]...

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