International Commercial Arbitration & Mediation Archives - 13wentworthselbornechambers
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International Commercial Arbitration & Mediation

[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] Simon Gregory Areas of Practice Appellate Banking & Financial Services Bankruptcy & Insolvency Building & Construction Law Commercial Law Corporations Law Equity & Trusts Family Law Inquests, Inquiries & Royal Commissions Insurance & Professional Indemnity International Commercial Arbitration & Mediation 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 Arts, University of New South Wales Bachelor of Laws, University of New South Wales (University Medal)[/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, King Wood Mallesons (formerly Mallesons Stephen Jaques) Solicitor, Baker & McKenzie, Hong Kong Associate to Justice Beaumont, Federal Court[/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] Testimonial “an excellent counsel … very proactive, diligent and incisive” (the opinion of a solicitor, who is an Accredited Specialist in Commercial Litigation, who has briefed Simon in many matters, including in the Supreme Court Construction & Technology List.  Solicitor’s name can be provided on application.) Selected Cases Simon was briefed on behalf of the State of New South Wales, the Minister administering the National Parks & Wildlife Act, 1974 and the Roads and Traffic Authority as the second most senior counsel in 30 (primarily) corporate claims arising out of the Thredbo landslide. Those claims were principally for pure economic (business interruption) loss, but also included property damage and claims for nervous shock. The matters involved complex procedural, factual, technical and legal issues and drew from a large factual background founded in over 20 years of administration of parts of Kosciuszko National Park and the longest inquest in Australian history. In the matter Simon was assisted by 4 junior counsel. The hearing regarding issues pertaining to liability, only, took over 115 days before adjourning to mediation. Other notable cases in which he has been involved include: Murray Morgan Investments v Capma Pty Ltd [2016] NSWSC 264, Hidden J – successful application by the wife to transfer proceedings for possession of property occupied by the wife to the Family Court for determination in proceedings between the husband and wife regarding matrimonial property.  Opposed by Senior Counsel; Realcover Insurances Pty Ltd v Arthur J Gallagher (Aus) Pty Ltd [2015] NSWSC 1986, Stevenson J – on behalf of the defendant insurance broker, successfully opposed application for preliminary discovery; Leto v Coffey Projects (Australia) Pty Ltd [2015] NSWSC 1896, Young J – on a separate hearing, successfully opposed defence founded in the principle of Anshun estoppel, as well as applications to dismiss for want of prosecution and for security for costs.  Appeared with a Junior Counsel against Senior Counsel; Cartwright v Cartwright successful applications to Bergin CJ in Eq on inter partes hearings for freezing orders against individuals, a company and third parties; Purnell Motors Pty Ltd v Jones (No 2)[2014] FCCA 1617 – secured summary dismissal of the bankrupt’s applications to extend the time to apply to set aside the sequestration order made against him, and for orders to set it aside and for annulment of his bankruptcy also securing an order for indemnity costs; Re: Jones; Ex Parte Purnell Motors Pty Ltd – secured sequestration order against the judgment debtor (based on judgment for costs); State of New South Wales & Anor ats Warragamba Winery Pty Ltd & Ors [2012] NSWSC 701 – successful defence of claims by 25 plaintiffs for property loss suffered when a bushfire escaped from Blue Mountains National Park across Warragamba Dam. The hearing occupied 89 days. The transcript was in excess of 6000 pages and the judgment exceeded 700 pages; Jones v Purnell Motors Pty Ltd & Anor [2010] NSWDC 82 – despite the Defendant admitting negligent conduct, successful defence of claim for 36 separate heads of loss in an 8 day hearing, with extensive and detailed written submissions, and obtained an order for costs. Secured freezing orders against the prospective judgment debtor (with respect to the prospective judgment re costs of the Defendant) and third parties to whom he had transferred real property; Permanent Custodians Ltd ats Spina [2008] NSWSC 561, Hammerschlag J – opposed the application by Senior & Junior Counsel for relief under the equitable principles of unconscionable conduct and under the Contracts Review Act and on the basis of absence of authority of an attorney purporting to exercise authority under a power of attorney. The matter is notable for Hammerschlag J’s conclusion, in construing the power of attorney the subject of those proceedings, that Austin J wrongly did so in the then recent proceedings, Spina v Conran Associates Pty Ltd; Spina v Endurance Pty Ltd [2008] NSWSC 326; McArthur & Anor ats Westpac Banking Corporation [2007] NSWSC 1347, Barrett J – briefed to appear on behalf of two principals of a group of transport companies, the McArthur Group, who the Bank contended had defrauded it and to advise them in their capacities as directors and shareholders, generally. The directors had appointed an administrator and the Bank had, in turn, appointed receivers to (some of the) companies in the Group. Drivers of the Group’s trucks were employed by an overseas hire company and there was media coverage of picketing by drivers. Austin J made freezing orders against the directors, ex parte.  At short notice Simon appeared on the first return of the motion and then appeared, opposed by Senior & Junior Counsel for the Bank and the receivers, on the inter partes hearing. The Second Defendant (for whom Simon appeared) opposed the continuation of the ex parte freezing orders. On the inter partes hearing Barrett J declined to continue the orders against him. Thereafter, another financial institution appointed receivers to real property of another company in the Group and a provisional liquidator was appointed to the company in the Group, which owned the real property; Toda & Ors ats Parbery [2007] NSWSC 1163, Barrett J – appeared on the return of notices for production issued by the receivers of real property under s 431 of the Corporations Act to a solicitor, the company and the directors. Opposed by Senior Counsel. Barrett J ordered the Plaintiffs to pay the costs of the defendants, for whom Simon appeared, and further ordered that those costs not be recovered from any person who had guaranteed or secured the company’s liability to the financial institution or as costs of the receivership; State of New South Wales ats Atkinson & Ors – defence of a claim by 31 plaintiffs for property and consequential economic loss suffered by their farming enterprises when a bushfire escaped from the adjoining National Park; Greater Taree City Council & Ors ats Various Plaintiffs – sixteen proceedings in the District Court involving claims by a total of 30 proprietors for pure economic loss, property damage, personal injury and consequential damage as a result of flooding, in which he was briefed to appear with junior counsel on behalf of engineers engaged in respect of subdivision of the subject area; New South Wales ats Van der Lee [2002] NSWCA 286; Westpac Banking Corporation v Bagshaw [2001] FCA 1847; Westpac Banking Corporation v Bagshaw [2000] NSWSC 650 – extended hearing in which he appeared alone; Advance Fitness Corporation v Bondi Diggers Memorial & Sporting Club Limited [1999] NSWSC 264; State Bank of New South Wales v Elliott u/r 18/6/98 SCNSW, Sperling J – 25 day hearing in which he appeared alone; Ivy & Anor ats Elliott & Ors 23/4/98 SCNSW BC9801316; Hornsby Shire Council ats Avenhouse (1998) 44 NSWLR 1; Boddington v Southern Mitchell County Council – opposed by Clarrie Stevens QC and a senior junior – extended assessment of business interruption loss in proceedings commenced in the Commercial Division; Falgat Constructions ats Perna u/r SCNSW, Rolfe J – appearing alone successfully resisted appeal from award – opposed by Simpson of Queens Counsel, as she then was; Falgat Constructions v Perna – extended building arbitration involving approximately 50 oral variations – appeared alone; University of Newcastle v GIO General Limited (1995) 8 ANZ Insur Cas 61-281; Hawkesbury Valley Developments Pty Ltd v Custom Credit Corporation Ltd (1994) 6 BPR 14,053; (1994) 8 BPR 15,581; [1995] ANZ Conv R 361; (1995) NSW Conv R 55-731 – appearing alone opposed Taylor SC, who appeared with Junior Counsel; Mineral & Chemical Traders Pty Limited v Tymczszyn Pty Limited (1994) 15 ACSR 398; (1994) 13 ACLC 40; Siromath Pty Limited (1991) 9 ACLC 1580; State Bank of New South Wales v Alexandrou SCNSW, Rolfe J; Continental Conveyor & Equipment Pty Limited v Williams SCNSW – BC 200102438; Re Smiles; ex parte Inspector General in Bankruptcy, 9/7/97, Fed Court (NSW) BC 9702995; and Banque Brussels Lambert SA v Australian National Industries Limited (1989) 21 NSWLR 502. Other significant matters in which Simon was briefed alone and which resolved prior to judgment include: Macquarie Corporate Finance ats Agricultural Equity Investments Pty Limited – NSW Supreme Court, Equity Division – Briefed alone in defence of a claim for $18m founded in claimed misuse of information communicated in confidence and involving significant issues regarding alleged loss; Westpac Banking Corporation v Stockett – NSW Supreme Court, Commercial Division – Briefed alone in claim for recovery of approx $15m involving significant cross security; State Bank of New South Wales v Campion & Ors – NSW Supreme Court – claim for recovery of Swiss franc loan of equivalent value to multi million Australian dollars; and State Bank of New South Wales v Hafo Pty Limited – NSW Supreme Court – claim for recovery of Swiss franc loan of equivalent value to multi million Australian dollars. [/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] Benjamin Kasep Ben was formerly an Associate Lecturer in Constitutional Law at the University of Western Sydney School of Law. He has also authored and presented the following publications: Stripping the Corporate Veil in Tax Matters (Australian Taxation Office ‘Entity Structures’ Technical Conference, 31 May 2013); Calderbank Offers (College of Law, 25 March 2008); and A Comment on Professor John Petrila: The US Supreme Court and the New Federalism: Revolution of Passing Fancy (paper presented to the Constitutional Law Section of the New South Wales Bar Association and the New South Wales Chapter of the Australian Association of Constitutional Law, Sydney, 14 April 2005). [/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 Commercial Law Conflict of Laws Constitutional Law Equity & Trusts Family Law International Commercial Arbitration & Mediation Real Property Law Tax & Revenue 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 International Studies, University of Western Sydney Bachelor of Laws (Honours I), University of Western Sydney Graduate Diploma of Legal Practice, University of Western 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 Human Rights Committee (2006 to 2009) International Institute of Space Law (2010 – Present)[/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 Taxation Law AP Group Ltd v Commissioner of Taxation [2013] FCAFC 105; 214 FCR 301; 2013 ATC ¶20-417—Whether automotive industry “incentive payments” consideration for supplies under the GST Act (led by Michael Wigney SC); Yacoub v Commissioner of Taxation [2012] FCA 678; 292 ALR 128; 83 ATR 722; 2012 ATC ¶20-328—Property development − Whether applicants partners in a partnership or participants in a “non-entity joint venture” under the GST Act; ECC South Bank Pty Ltd v Commissioner of Taxation [2012] FCA 795; 205 FCR 505; 87 ATR 902; [2012] Q ConvR ¶54-780; 2012 ATC ¶20-336—Whether student accommodation a supply of “commercial residential premises” under s 40-35(1) of the GST Act (led by Jane Needham SC); Travelex Ltd v Commissioner of Taxation [2010] HCA 33; 241 CLR 510; 270 ALR; 84 ALJR 683; 76 ATR 329; 2010 ATC ¶20-214—Foreign currency exchange – Whether a supply of money is a “supply made in relation to rights” under s 38-190 of the GST Act (led by Stephen Gageler SC, Solicitor-General of the Commonwealth of Australia); KAP Motors Pty Ltd v Commissioner of Taxation [2008] FCA 159; 168 FCR 319; 246 ALR 395; 69 ATR 927; 2008 ATC ¶20-007—Entitlement to refund of over-paid GST – Whether over-paid GST held on constructive trust (led by Stephen Gageler SC); Constitutional Law/Administrative Law  Commissioner of Taxation v Pham [2013] FCA 579; 60 AAR 264; 134 ALD 534—Non-publication order – Judicial review – Whether AAT fell into jurisdictional error by failing to take into account relevant considerations – Whether findings unsupported by evidence (led by Michael Wigney SC); R v LK; R v RK [2010] HCA 17; 241 CLR 177; 266 ALR 399; 84 ALJR 395; 202 A Crim R 522—Conspiracy – Crown appeal against directed acquittal – Trial by jury and s 80 of the Constitution – Whether Crown appeal infringes the inviolability of a jury’s verdict of acquittal (led by T E F Hughes AO QC); Fleming v Talagi, High Court of Niue, Action No. CV1 of 2010—Dismissal of Financial Secretary – Whether Premier of Niue committed misfeasance in public office – Whether damages available for breaches of the Constitution of Niue (led by Dr Gerard McCoy SBS QC SC of the Hong Kong Bar); Qarase v Bainimarama [2008] FJHC 241—Executive powers – Dismissal of Prime Minister of Fiji – Whether military coup d’état grounds for invoking doctrine of necessity (led by Dr Gerard McCoy SBS QC SC of the Hong Kong Bar); Commercial Law Thomson Aviation Pty Ltd v Dufresne [2011] NSWSC 864—Cross-claim brought against British Columbia company alleging breach of contract – Whether Supreme Court of New South Wales a “clearly inappropriate forum” for the determination of the cross-claim – Determining the “proper law” of the contract; Smythe v Thomas [2007] NSWSC 844; 71 NSWLR 537; (2008) Aust Contract R ¶90-271—Whether ‘eBay auction’ gives rise to an enforceable contract – Whether specific performance available; Davis v Westpac Life Insurance Services [2007] NSWCA 175; 226 FLR 285; (2008) 15 ANZ Ins Cas ¶90-132—Avoidance under the Insurance Contracts Act 1984 (Cth) (led by John Graves SC); Medfin Australia Pty Ltd v Rafter [2007] NSWDC 72; 4 DCLR (NSW) 272—Hire purchase agreement – Contractual penalties; Buchanan v Crown & Gleeson Business Finance Pty Ltd [2006] NSWSC 1465; 13 BPR 24,513; (2007) NSW ConvR ¶56-173—Caveats – Balance of convenience; Young v Lalic [2006] NSWSC 18; 197 FLR 27—Resulting and constructive trusts – Equitable estoppel – Tracing – Jurisdiction of the Supreme Court under the Family Law Act 1975 (Cth). [/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 Calderbank Offers 1/01/2014 Caldberbank Offers 1/01/2001 [/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] Greg Laughton SC Areas of Practice Appellate Arbitrators Building & Construction Law Commercial Law Domestic Commercial Arbitration Insurance & Professional Indemnity International Commercial Arbitration & Mediation Mediation Mediators Professional Liability (including medical negligence and directors & officers liability) Transportation Law (including Aviation & Maritime 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 Masters of Law (International, Commercial and Economic Law), University of New South Wales, 2008 Diploma of International Commercial Arbitration, University of New South Wales, 2007 Professional Certificate in Arbitration, University of Adelaide, 2006 Diploma of Law, Barristers Admission Board, Law Extension Committee, University of Sydney, 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 With over 30 years at the Bar, I have considerable experience acting for, and advising, clients globally, in complex cross-border maritime commercial, building and construction, professional negligence and insurance-related disputes. Complementing my practice, I have a strong interest in alternative dispute resolution, and in particular, international commercial arbitration. With chambers in Sydney and London and possessing specialised knowledge and expertise in commercial, maritime and building and construction disputes, I have appeared in local and overseas jurisdictions, including Sydney, Hong Kong, London, Dubai and Frankfurt, in commercial arbitrations and mediations as counsel, arbitrator and mediator, affording me a true global perspective. I have provided complex advice to multi-national insurers as well as insureds, and have appeared in mediations, arbitrations and Court in matters regarding coverage, construction of policies, liability and subrogation. The broad range of classes of insurance in which I have acted encompass construction (including professional negligence of engineers, architects and quantity surveyors), maritime (including cargo), infrastructure (including energy), product liability and trade credit risk. I am a Fellow of the Australian Centre for International Commercial Arbitration (ACICA); member of the Chartered Institute of Arbitrators, a BarADR approved arbitrator of the NSW Bar Association. I am also an accredited mediator under the Australian National Mediator Accreditation Standards and a court-appointed mediator of the Supreme and District Courts of New South Wales. In 2015 I was awarded the Australian Arbitration Barrister of the Year in the Lawyer Monthly Legal Awards and in 2018 was selected by my peers for inclusion in Best Lawyers in Australia for my work in Product Liability Litigation. Academia Course Director and Speaker – Australian Centre for International Commercial Arbitration: 2017 Teacher – Australian Bar Association International Faculty to Bangladesh: since 2005 Director – New South Wales Bar Practice Course: 1999 to 2001 Teacher – Australian Advocacy Institute Teacher – New South Wales Bar Association[/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 Admitted to the Grays Inn, 2015 Chairman and Head of Chambers – Thirteen Wentworth Selborne Chambers, Sydney Consultant to Hardwicke Chambers, London Fellow – Australian Centre for International Commercial Arbitration (ACICA) BarADR Approved Arbitrator – New South Wales Bar Association Member – Chartered Institute of Arbitrators Graded Arbitrator – Institute of Arbitrators & Mediators Australia Accredited Mediator – Australian National Mediator Accreditation Standards Court-Appointed Mediator – Supreme and District Courts of New South Wales Arbitrator – Mauritian International Arbitration Centre (MIAC) Registered Mediator – Civil Mediation Council (CMC) (UK) Member – Centre for Effective Dispute Resolution (CEDR) [/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]I have extensive experience appearing in complex hearings and appeals in a wide variety of jurisdictions, including the High Court of Australia, Federal Court of Australia, Supreme Court of New South Wales and inferior courts. I have also conducted litigation in all States of Australia. Select cases are as follows. Gram Engineering Pty Limited v BlueScope Steel (2014) FCAFC 107; 26 August 2014; Full Court of the Australian Federal Court; (2018) Federal Court of Australia (Jagot J) – Acted for the owner of a registered design on its assessment of damages following findings of infringement of a registered design Joseph v Commissioner of Police [2017] NSW CA 31 (6 March 2017) New South Court of Appeal; Administrative law on the entitlement of the Appellant to a Firearms Dealer Licence Bestcare Foods Ltd (subject to a Deed of Company Arrangement) [2013] NSWSC 1673; and 18 December 2014 NSWSC 183 New South Wales Supreme Court (Equity Division) – Appeared for the Directors of Bestcare Foods Limited in proceedings against the Administration of the company which clarified: the circumstances in which a Deed of Company Arrangement can be terminated upon a company in administration returning to solvency; and the Administrators remuneration can be reviewed by a Court. Hampton & Farley [2013] FamCA 213 (5 April 2013) Family Court of Australia – Concerning the circumstances in which a constructive trust will arise based on a representation of future intention. Carbone v Calabria Community Club Pty Ltd [2013] NSWSC 998 (26 July 2013) New South Supreme Court (Equity Division) – Dealt with the obligations of the Directors of a community based corporation to its members and the circumstances in which a Company can be wound up on just and equitable grounds. State of New South Wales v Tyszyk [2008] NSWCA 107, New South Wales Court of Appeal – Dealt with the liability of police in emergency situations and the liability of the owner of commercial premises to an innocent passer by. Chandos Development Pty Limited v Mulkearns & Anor [2008] NSWCA 62, New South Wales Court of Appeal – Dealt with the circumstances in which a vendor of commercial property could terminate a contract for sale of land for breach by a purchaser, notwithstanding its own breach. Erect Safe Scaffolding (Australia) Pty Limited v Sutton [2008] NSWCA 114, New South Wales Court of Appeal – The construction of an indemnity clause in a subcontract between a builder and a scaffolder was considered, in the context of an insurance policy, covering public liability of the builder. Coshott v Principal Strategic Options Pty Limited [2004] FCAFC 50, Full Court of the Australian Federal Court – Dealt with the principles of damages and causation in relation to a wrongly obtained injunction. Nominal Defendant v Gardikiotis (1996) 186 CLR 49, High Court of Australia – Clarified in favour of the insurer, the liability to pay damages for fund management for catastrophically injured plaintiffs. Andjelic v Marsland [1996] HCA 55, High Court of Australia – Clarified in favour of the insurer the obligation to pay damages for funds management to injured plaintiffs. Columbia Coffee and Tea Pty Limited & Ors v Churchill & Ors (1993) 9 ACSR 415, New South Wales Supreme Court – Major case involving the negligence of the auditor of an international coffee trading company. The case clarified the Australia position on the scope of the duty of care of auditors. Other recent cases in which I have recently appeared include as follows. Acted for the owners of Development land in the outer suburbs of Sydney against a developer on the proper construction of a Put and Call Option (2017) Gram Engineering Pty Limited v BlueScope Steel (2014) FCAFC 107; 26 August 2014; Full Court of the Australian Federal Court – Acted for the owner of a registered design on its assessment of damages following findings of breach of a registered design Other significant Matters appearing as Senior Counsel, Arbitrator and Mediator Alternative Dispute Resolution I have appeared in numerous arbitrations and mediations in commercial, building and construction, maritime and professional negligence matters. International Commercial and Maritime I have advised and appeared in disputes concerning jurisdiction and cross-border legal issues and in maritime and construction cases, insolvency, sale of goods and general commercial disputes. International Commercial Arbitrations I have been involved in various international commercial and maritime arbitrations in the following jurisdictions. I have appeared for: In Hong Kong Two container shipping companies over the terms of, and the amount due, under a Slot Agreement. A computer hardware and software supplier and a Hong Kong financial services company over the quality of the computer equipment and software supplied. The CEO of a container shipping company and the company, about whether the CEO was wrongfully dismissed and the amount of compensation owed by the company under the CEO’s employment agreement. The head contractor and a sub-contractor about the value and quality of work performed in a major construction dispute. In Dubai A CEO in a wrongful dismissal claim by his employer. In Germany An IT provider and a head contractor about the supply of IT services in 120 countries; wrongful termination of a services agreement and unpaid invoices for services rendered. In London Recovery of significant sum due under a guarantee of a Hong Kong registered Company. All legal breaches of a Shareholders Agreement between two Hong Kong residents. (Case No HKIAC/17111) An IT provider and head contractor for the supply of IT Services. A telecommunications company for the sale of its infrastructure. Both cases above were mediated in London before the arbitration. In Australia Two telecommunications companies about the terms of a Supply Agreement for VOIP service and other amounts due under it. Two telecommunications companies about the ownership of the intellectual property in Apple I telephone application and the amounts due under an agreement to export it. Advised and appeared for telecommunications company for issues including carry services and distribution networks Advised and appeared in the agricultural institutions associated with the sale of grains, cereals and pulse; financiers for agricultural products including livestock and disputes concerning forward grain contracts. In Papua New Guinea The landowners and a goldminer about the royalties payable to the landowners and environmental issues. The landowners and a copper miner and the royalties payable to the landowners. Maritime Advised and appeared in disputes concerning charter parties; cargo and general shipping disputes. Construction/Infrastructure Acted for head contractors; specialist sub-contractors and government and local government departments in both national and cross-border disputes involving: Infrastructure – roads; rail; bridges and ports; Commercial high rise; and High and low rise residential Engineering; Design; Defective workmanship; Breach of contract and statutory warranty; Delay and liquidated damages; Security of payment. Professional Negligence of: Engineers – civil; electrical; mechanical; Architects; Quantity surveyors; Building surveyors; and Payment managers. Insurance Insurers and re-insurers of risks associated with the construction and infrastructure projects, and quantum claims for: builders/construction; design; landlord; underground services locator; and business interruption. As Arbitrator Acted as arbitrator in many domestic and international arbitrations including ad hoc and institutional arbitrations including: HKIAC appointment in a shareholders’ dispute between the members of an international fashion company. ACICA appointment in a dispute between a software supplier and an international FMCG company. As Mediator Acted as mediator in many domestic and international disputes, involving allegations of: Professional negligence of legal and medical practitioners; civil and mechanical engineers; architects and builders. Breach of commercial contracts for: the sale of goods; provision of services including IT; software; hardware and other services; the sale of commodities; property development and contracts for the sale of commercial real estate and construction; insurance on denials of indemnity and quantum of claims for the following risks: construction infrastructure; maritime including cargo and damage to goods; fire claims; trade credit mining disputes; business interruption; transport product liability International Estates Advised on and appeared in matters involving cross-border estate disputes, including property; equities; and tracing cash and other assets. Advise the insured on coverage; indemnity and subrogation issues on a worldwide trade credit policy associated with the collapse of a major Australian electrical retailer. To advise the insurer of the engineers on indemnity; liability and quantum issues on the failure of part of an infrastructure project. Appearing in a part heard case for the Plaintiff on coverage; indemnity and liability under the Public Liability Policy of a third party, arising from a catastrophic fire and complete destruction of an otherwise uninsured commercial building including damages for the loss of the building; loss of rent and other damage. Acting as mediator in numerous professional negligence cases including lawyers; doctors and engineers in which coverage, indemnity and quantum are an issue. [/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 Advocacy in International Arbitration 29/04/2016 Handbook on International Arbitration 29/04/2016 Substantive Law Similarities and Procedural Law Differences between...

[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] Julian O’Sullivan Julian was admitted to practice as a solicitor in March 1996. He worked in the dispute resolution group of King & Wood Mallesons, one of Asia-Pacific’s leading law firms, and in the intellectual property, IT and communications group of Linklaters, a London “magic circle” firm. Julian was called to the bar in 2003. He regularly appears in a wide range of commercial disputes and is experienced in representing clients in all courts and in private arbitrations.[/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 Banking & Financial Services Bankruptcy & Insolvency Commercial Law Domestic Commercial Arbitration Intellectual Property International Commercial Arbitration & Mediation Professional Liability (including medical negligence and directors & officers liability) Trade Practices & Competition Transportation Law (including Aviation & Maritime 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 Arts, University of Sydney Bachelor of Laws, University of Sydney Undertaking CIARB Diploma in International Commercial Arbitration[/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, Linklaters, IT, IP, Communications and Media Group Solicitor, King & Wood Mallesons, Dispute Resolution Group[/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 Aviation Law Association of Australia & New Zealand Banking & Financial Services Law Association Commercial Law Association of Australia Intellectual Property Society of Australia & New Zealand NSW Society for Computers & the Law Asia Pacific Forum for International Arbitration[/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 Aviation Onus v Telstra Corporation Ltd [2010] NSWSC 33; Onus v Telstra Corporation Ltd [2010] NSWSC 1146: Sucessfully obtained interlocutory and final injunctions, restraining Telstra from erecting a telecommunications tower in the vicinity of an airport Wylie & Ors v Tarrison Pty Ltd & Ors [2007] NSWCA 95:  Successfully defended appeal brought by purchaser against vendor of Rose Bay float plane fleet Confidential matter:  Negotiating successful claim for compensation to relatives arising out of fatal pilot training accident Corporations & Directors’ Duties Appeared for ASIC (led by Macfarlan QC JA, Durack SC & Beamount SC) in its claim against the former directors of One.Tel Ltd for $92M compensation & civil penalties, including numerous interlocutory decisions regarding evidentiary & procedural issues: ASIC v Rich [2004] NSWSC 923 ASIC v Rich & Ors [2004] NSWSC 934 ASIC v Rich & Ors [2004] NSWSC 951 ASIC v Rich & Ors [2004] NSWSC 963 ASIC v Rich & Ors [2004] NSWSC 969 ASIC v Rich [2004] NSWSC 970  ASIC v Rich [2004] NSWSC 1062: 213 ALR 338, 51 ACSR 363, [2005] ALMD 2778 ASIC v Rich [2004] NSWSC 1089 ASIC v Rich & Ors [2004] NSWSC 1090 ASIC v Rich & Ors [2004] NSWSC 1104 ASIC v Rich & Ors [2005] NSWSC 62 188 FLR 416, 220 ALR 324, 52 ACSR 374, [2005] NSWSC 62, [2005] ALMD 4014 ASIC v Rich [2005] NSWSC 149 190 FLR 242, 3 ABC(NS) 390, 53 ACSR 110, 23 ACLC 430, [2005] NSWSC 149, [2005] ALMD 4913 ASIC v Rich & Ors [2005] NSWSC 256 ASIC v Rich [2005] NSWSC 296 ASIC v Rich [2005] NSWSC 417 191 FLR 385, 216 ALR 320, 53 ACSR 752, 23 ACLC 838, [2005] NSWSC 417, [2005] ALMD 5431  Insolvency Timberland v Abercrombie [2012] NSWSC 379: Resisted application to set aside statutory demand Challenge Home Loans v Etienne Lawyers [2007] NSWSC 1145: Resisted application to set aside a statutory demand Hunter Wholesale Confectioners Pty Ltd v Sweeties Confectionery Pty Ltd [2010] NSWSC 1257: Defending a claim by a liquidator to recover an unfair preference & cross-claim for bailment & conversion of goods Priority One Home Loans & Anor v Amplitude Investments Pty Ltd & Ors [2007] NSWSC 845:  Obtained order removing receivers & managers Aztech Science Pty Ltd v Daevys [2005] FCA 1828:  Obtained leave to continue proceedings against a bankrupt IT / Telecoms Sites N Stores Pty Ltd v Whirlpool.Net.Au Pty Ltd [2015] FCA 1474:  Obtained preliminary discovery to identify the authors of actionable posts published on a product review website, publicised in: http://www.news.com.au/national/breaking-news/forum-ordered-to-hand-over-user-details/news-story/19e719e469e9af9c1578dbca12c9c817 http://y7-aap-yahoopartner.tumblr.com/post/135744537474/forum-ordered-to-hand-over-user-details http://www.9news.com.au/national/2015/12/23/12/06/online-forum-host-to-supply-details http://www.brunchnews.com/yahoo-7-news/general-news/online-forum-host-to-supply-details-aap-3961389 AS v Murray [2013] NSWSC 733:  Obtained preliminary discovery, Anton Piller & suppression orders, damages & exemplary damages for the tort of intimidation against cyber extortionist, widely publicised in: University of NSW Faculty of Law tort reading list NSW Bar Association practice update 33 www.nswbar.asn.au/circulars/2013/jun/clpu33.pdf‎ “Further perils of Online Dating” http://www.lexology.com/library/detail.aspx?g=dab4e21d-4076-4709-9ee7-c4e300e11cad “Tort of Intimidation in Internet Extortion Case” http://www.kellyco.com.au/library/TortofIntimidationininternetextortioncase.pdf “Benchmark” AR Connolly & Company website http://www.arconolly.com.au/benchmark/composite/benchmark_13-06-2013_insurance_banking_construction_government.pdf Intellectual Property Recommended by Doyle’s Guide (2010) as intellectual property counsel Qualify Me Pty Ltd v Get Qualified Australia Pty Ltd [2016] FCA 192:  Obtained order striking out substantial part of Statement of Claim alleging infringement of trademark, passing off and deceptive and misleading conduct in relation to Google Adwords Mont Adventure Equipment Pty Limited v Phoenix Leisure Group Pty Limited [2008] FCA 1476;  Mont Adventure Equipment Pty Ltd v Phoenix Lesiure Group Pty Ltd [2009] FCAFC 84, 176 FCR 575, 81 IPR 505, [2009] AIPC 92-346, [2009] FCAFC 84 [2009] ALMD 5635 (led by Stephen Burley SC):  Won appeal concerning the “grace period” for prior disclosure of patents Tramanco Pty Ltd v BPW Transpec Pty Ltd [2009] FCA 509:  Obtained quia timet interlocutory injunction to restrain infringement of a patent Fogin v Lacey [2003] FCAFC 147 (led by A Bowne SC):  Appeared for respondent in appeal concerning design infringement of the “Orgasmatron” head massager  Mining & Resources Legal counsel on retainer to Javelin Minerals Inc & Azimuth Resources Ltd (subsequently acquired by Troy Resources Ltd for $188M), advising in relation to ASX & TSX listings, mineral exploration & mining licenses, employment agreements & equipment acquisitions in Guyana Practice & Procedure Maecher Pictureproducts Pty Ltd v R E Davison Pty Ltd [2013] NSWSC 352:  Obtained order for security for costs Reeve v Aqualast Pty Ltd [2012] FCA 679:  Obtained orders for preliminary discovery Green v AMP Financial Planning Pty Ltd [2007] NSWSC 235:  Resisted application for security for costs Wily v Terra Cresta Business Solutions Pty Ltd & Ors [2006] NSWSC 949:  Excluded hearsay evidence in interlocutory proceedings where maker of statement was not sufficiently identified Trade Practices & Competition eBay:  Full time retainer to eBay for 9 months in 2008 advising in relation to competition issues arising under Pt IV of the Trade Practices Act 1974 Equity Fuentes v Bondi Beachside Pty Ltd [2016] NSWSC 531:  Obtained injunction for specific performance of contract for sale of land Josip Duic v Emil Duic [2012] NSWSC 76; Duic v Duic [2013] NSWCA 42:  Successful appeal resisting claim for equitable interest in land, reversing decision at first instance Anna Katherine Szozda & Ors v NSW Trustee & Guardian & Ors [2012] NSWSC 194:  Resisted application to extend the operation of caveats on the basis of alleged equitable interest in land Kelly v Kelly [2007] NSWSC 1076:  Resisted application for sale of land where estate was incompletely administered Constitutional Ashjal Pty Ltd -v- Elders Toepfer Grain Pty Ltd [2012] NSWSC 545;  Ashjal Pty Ltd v Alfred Toepfer International (Australia) Pty Ltd [2012] NSWSC 1306 (led by Francis Douglas QC):  Constitutional challenge to validity of Commercial Arbitration Act 2010 (NSW), widely publicised in: ThomsonReuters:  “International arbitration in Australia: 2011/2012 in review” by Albert Monichino SC & Alex Fawke http://barristers.com.au/wp-content/uploads/2013/05/International-arbitration-in-Australia-2011_2012.pdf LexisNexis Legal Newsroom http://www.lexisnexis.com/legalnewsroom/mealeys/b/newsheadlines/default.aspx?keyword=international%20law&pi25564=2 International Arbitration website http://international-arbitration-attorney.com/ashjal-pty-ltd-v-alfred-toepfer-international-australia-pty-ltd-supreme-court-of-new-south-wales-equity-division-commercial-arbitration-list-26-october-2012-a-contribution-by-the-ita-board-of/#.UlJn_iTrySo Practical Law Company “Australian Arbitration Roundup 2012/2013” http://us.practicallaw.com/7-523-8003 Technology Arbitrators & Mediators website http://www.arbitrator.com.au/doku.php?id=ashjal_v_alfred_toepfer_international_australia Kluwer Arbitration ITA Arbitration Report, Volume No. X, Issue No. 8, 22 August 2012 https://groups.google.com/forum/#!msg/visbrasil/NGp3gNeMkOg/9cF72EiWckMJ “The right to appeal an arbitral award:  Express may be best”; Clayton Utz website http://www.claytonutz.com/publications/news/201207/02/the_right_to_appeal_an_arbitral_award_express_may_be_best.page “New Commercial Arbitration Act surives Constitutional Challenge”; CBP website http://www.cbp.com.au/Publications/New-Commercial-Arbitration-Act-survives-constituti “Benchmark”; AR Connolly & Company website http://www.arconolly.com.au/benchmark/composite/benchmark_24-05-2012_insurance_banking_construction_government.pdf[/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 broad range of practice areas, Navid brings 18 years of litigation experience when advising and advocating for clients. 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 Australia’s and the world’s most recognised corporations and brands, including Panasonic, Telstra, Vodafone, Optus, Burkert, KNet Technology and Blackmores. 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. He is commended for his technical knowledge, ability to think laterally and commercially, as well as his highly-developed negotiation and research skills. He also possesses a strong ability to quickly navigate through vast amounts of information and identify novel ideas to resolve complex legal issues. 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. He is an accredited mediator pursuant to the Australian National Mediator Accreditation System (NMAS) and a NSW Bar Association accredited mediator. Navid is a member of the 2019-20 Alternative Dispute Resolution Committee of the NSW Bar Association and a lecturer and tutor for the University of Technology Sydney, teaching civil practice, corporate law and evidence. 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 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: 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 – 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] Frederico Singarajah, (London) Frederico has a broad commercial practice which focuses on high value, complex, international commercial litigation and arbitration. He prides himself on the quality of his written and oral advocacy across a wide spectrum of industry sectors, including banking, commodities, shipping, aviation, energy, mining, infrastructure and insurance & reinsurance cases. Many of his cases are multi-disciplinary, often involving issues of fraud or economic torts in a commercial context.   His niche expertise in Brazil & Latin America related disputes is well known and involves him in legal opinions on matters relating to contracts governed by English law, potential litigation in England & Wales and arbitrations around the world. His ability to speak native Portuguese and working knowledge of Spanish gives him a significant advantage over his counterparts. In addition to Latin America, his experience has led him to represent clients from all over the world, including the Ukraine, Cyprus, Portugal, Spain, Ghana and Angola.   Frederico is experienced in a variety of international arbitrations, regularly acting as sole counsel or arbitrator. He has advised and represented parties in international arbitrations under ICC, LCIA, UNCITRAL, SCC, CAM-CCBC and LMAA rules. His experience covers disputes in a wide variety of sectors including international sale of goods, commodities, oil & gas, mining, insurance & reinsurance, infrastructure, exclusive distribution, franchising and technology.   He has experience in working with English and foreign law international arbitrations, directly instructed by lawyers from around the world. He acts as sole counsel, often against English silks and senior foreign lawyers.   Frederico is a fellow of the Chartered Institute of Arbitrators and is pleased to accept instructions as a sole or panel arbitrator for international arbitrations in English, Portuguese or Spanish. Frederico can be reached at:- Hardwicke Chambers Hardwicke Building, New Square, Lincoln’s Inn, London WC2A 3SB; DX: LDE 393 T +44 (0)20 7242 2523 F +44 (0)20 7691 1234 Website : http://www.hardwicke.co.uk[/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 Conflict of Laws International Commercial Arbitration & Mediation International Law (Public & Private) [/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 SCC – €820k dispute on failure to deliver goods within contractual deadline.  Ad Hoc – U$110 million dispute on the breach of a ‘collateral management agreement’ involving parties in Ghana and Thailand. LMAA – U$2.6 million claim for breach of an agreement to supply iron ore under an amended FOB contract. UNCITRAL – U$20 million dispute for breach of exclusive distribution agreement under Brazilian law, representing Brazilian company against Chinese, state-owned company. LCIA (settled) – U$1.1 million dispute regarding the acquisition of a group of companies in the IT sector, advising majority shareholder against US Fund and UK acquiring group. ICC – A U$6.2 million dispute over a letter of credit for the purchase of human grade sugar from Brazil to Bangladesh, governed by Bangladeshi law. ICC – A U$75k dispute relating to a breach of an exclusive franchise agreement by a Turkish franchisee, granted by a Dutch company.[/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] Jodi Steele Jodi is a highly-regarded barrister practicing in commercial law and equity who has been consistently recognised in Doyles Guide,  Who’s Who Legal: Construction, Who’s Who Legal: Australia and Best Lawyers in Australia as a leading barrister in Litigation, Insurance, Construction Law, Employment and Industrial Relations and Alternative Dispute Resolution. She brings over 25 years’ legal and commercial experience to the resolution of her clients’ disputes. Complementing her practice as a barrister, she deploys her strong negotiation and communication skills when appearing as counsel at mediations, and when acting as a mediator. Often a barrister of choice in large-scale litigation, Jodi regularly appears unled in significant matters in the Supreme Court of NSW and Federal Court of Australia, and where the matter warrants, with a junior barrister. Jodi has also been led by some of Australia’s most highly-esteemed Senior Counsel in complex disputes in the High Court of Australia and NSW Court of Appeal. Her knowledge and expertise across the broad range of commercial practice areas listed below has seen her act and advise international and multi-national corporations, the State and Commonwealth Government, as well as high-profile individual clients. Her considerable list of long-standing clients commend her on her commercial and strategic advice, together with her advocacy skills and judgment. For any enquiries, or to brief Jodi, please contact her clerk, Paul Walker on (02) 8915 5102. Accolades 2020 Best Lawyers in Australia: Alternative Dispute Resolution, Insurance Law and Litigation (and as published in the Australian Financial Review) 2019 Best Lawyers in Australia: Litigation, Insurance and Alternative Dispute Resolution (ADR) 2019 Who’s Who Legal: Australia – Construction (WWL says “Jodi Steele is a highly regarded barrister who stands out for her strong expertise in construction claims and insurance matters”). 2019 Top 100 Women in Construction and Development 2018 Who’s Who Legal: Australia 2018 Best Lawyers in Australia 2018 Who’s Who Legal: Construction (WWL says sources have praised me as “incisive, hardworking and with a great understanding of construction law and principles”) 2018 Top 100 Women in Construction and Development 2017 Doyles Guide: Leading Construction Barrister 2017 Best Lawyers in Australia: Commercial Litigation, Insurance and Dispute Resolution 2016 Doyles Guide: Leading Junior Counsel in Construction Law, Employment, Industrial Relations and WHS barristers; 2016 Best Lawyers in Australia: Commercial Litigation, Insurance, Alternative Dispute Resolution (ADR) 2015 Doyles Guide: Leading Construction Barrister 2015 Best Lawyers in Australia: Litigation and ADR 2014 Best Lawyers in Australia: ADR [/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 Building & Construction Law Class Actions Commercial Law Employment Law Equity & Trusts Inquests, Inquiries & Royal Commissions Insurance & Professional Indemnity International Commercial Arbitration & Mediation Mediators Professional Liability (including medical negligence and directors & officers liability) Trade Practices & Competition Wills & Probate (including Succession and Family Provision) Work, Health & Safety [/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 Mediator Accreditation System (NMAS), 2015 Bachelor of Laws: University of New South Wales, 1992 Bachelor of Arts: University of New South Wales, 1992[/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 2013 – present: Barrister, 13 Wentworth Selborne Chambers 2002 – 2013: Barrister, Seven Wentworth Chambers 1998 – 2000: Senior Legal Officer, Australian Broadcasting Corporation (ABC) 1997 – 1998: Solicitor, Construction Department, Allens Arthur Robinson (now Allens Linklaters) 1993 – 1997: International Manager (Contract Negotiation and Business Development) for a boutique Australian advertising firm – Asia Pacific and Latin America regions[/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 Member, Australian Insurance Law Association (AILA) Member, New South Wales Bar Association Jodi has adopted the Law Council of Australia’s National Model Gender Equitable Briefing Policy Appointments Director, Counsel Chambers Limited (since 2016) Co-Chair Arbitration of the Alternative Dispute Resolution Committee of the New South Wales Bar Association Lieutenant, Royal Australian Navy Reserve (RANR) (since 2007) Sydney Legal Navy Panel [/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 Jodi has considerable experience appearing led and unled for clients in complex hearings and appeals in a wide variety of jurisdictions. Significant matters in which she has appeared are set out in her CV, which can be downloaded above.[/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 Publications and Speaking Engagements Jodi regularly authors articles, delivered papers and presents tailored seminars to solicitors on topical legal issues and legal developments. Recent examples are as follows: DO’S and DON’TS of Running a Case in Equity: co-presented with The Honourable Justice Stephen Robb and chaired by Nick Kidd SC, at the NSW Bar Association. Implementing the Gender Equitable Briefing Policy: Members of 13 Wentworth Selborne Chambers How to Plead Proportionate Liability to Ensure it Covers the Concurrent Wrongdoer: Commercial Litigation Conference for Legalwise Review of Defect and Contractual Remedies in the Combustible Cladding Context: UNSW Continuing Legal Education Expert Witnesses – Effective Briefing and Giving Evidence in Court: Society of Construction Law Australia (SOCLA) Review of Defects Procedures and Contractual Remedies – Defect Liability and Cladding Claims: UNSW Continuing Legal Education Negotiation and Without Prejudice Communications: co-presented with Raphael Perla to various law firms Understanding Privilege: co-presented with Lucy Robb-Vujcic to various law firms Proportionate Liability: co-presented with Mark Dempsey SC to various law firms [/vc_column_text][/vc_column][/vc_row]...