International Law (Public & Private) Archives - 13wentworthselbornechambers
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International Law (Public & Private)

[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] Tom Brennan Areas of Practice Administrative Law Employment Law Insurance & Professional Indemnity International Law (Public & Private) Trade Practices & Competition 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 Bachelor of Arts, Australian National University Bachelor of Laws, Australian National University Graduate Diploma in Legal Practice, Australian National 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 Partner, Corrs Chambers Westgarth Senior Executive Service Officer, Commonwealth Department of Employment, Education & Training Chief of Staff to Deputy Prime Minister[/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 Law Council of Australia, Trade Practices Committee Law Council of Australia, Civil Litigation Section Law Council of Australia, International Law Section Australian Institute of Administrative 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] Selected Cases Administrative Law Degning v Minister for Home Affairs [2019] FCAFC 67 – interpretation of legislation – presumption against retrospectivity – natural justice – appeared for appellant to set aside deportation order Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25; [2018] FCA 595, [2018] FCA 991 – appeared for Helicopter Resources  – Judicial Review of decision by Coroner to require employee of company charged with offence to answer questions which may be relevant to the charges – scope of corporation’s right to an accusatory trial – powers of Coroner. Hocking v Director-General, National Archives of Australia [2019] FCAFC 12; [2018] FCA 340, 255 FCR 1 – appeared for Professor Hocking – Constitutional and Administrative Law – are letters between the Governor-General in his official capacity and the Queen the property of the Commonwealth and subject to the Archives Act – nature and incidents of the office of Governor-General. BSX15 v Minister of Immigration & Border Protection [2017] FCAFC 104; [2016] FCA 1432 – appeared for applicant at trial and on appeal – setting aside adverse security assessment for denial of procedural fairness Jetstar Airways Pty Ltd v Civil Aviation Safety Authority [2018] AATA 2097 – appeared for Jetstar – obligations of decision maker under Freedom of Information Act to consult with affected third party – scope of third party’s right to oppose release of documents in proceedings in the AAT Fitzgibbon v Prime Minister [2017] FCA 968, 72 AAR 431, [2017] AATA 502 – appeared for the Prime Minister – scope of application of provisions of the Freedom of Information Act and Administrative Appeals Tribunal Act when documents in the possession of the Prime Minister are claimed to be private documents of the Prime Minister El Ossman v Minister for Immigration and Border Protection [2017] FCA 636, 248 FCR 491 – appeared for Mr El Ossman to obtain first ever writ quashing ASIO’s adverse security assessment. Employment Law Isaac v Dargan Financial Pty Ltd [2018] NSWCA 163 – appeared for Mr Isaac – restraint of trade in contract for conduct of mortgage broking business Bartlett v Australian and New Zealand Banking Ltd [2016] NSWCA 30, (2016) 92 NSWLR 639 – appeared for Mr Bartlett on dispute concerning termination of employment – qualification of contractual powers and discretions by requirements of good faith and reasonableness- principles for resolving conflicts in expert evidence Insurance Marketform Managing Agency Ltd ats Amashaw Pty Ltd [2018] NSWCA 70 – appeared for insured on claim for indemnity for rectification of service station petrol leak under environmental liability risks policy. Lambert Leasing Inc v QBE Insurance (Australia) Ltd [2016] NSWCA 254, 93 NSWLR 166 – appeared for QBE in double insurance dispute – scope and operation of s.45 Insurance Contracts Act. Public and private international law Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2;  [2017] NTCA 7, 326 FLR 1 – appeared for Outback Ballooning – extent of operation of the Chicago Convention on Civil Aviation – effect on construction of the Civil Aviation Act and Regulations. Parkes Shire Council v South West Helicopters Pty Ltd [2019] HCA 14; [2017] NSWCA 312, 356 ALR 63 – appeared for South West – scope and operation of the Warsaw Conventions on the liability of civil aviation carriers for nervous shock to third parties. Mackellar Mining Equipment Pty Ltd v Thornton [2019] QCA 77 – appeal against refusal of anti-suit injunction – whether continuation of foreign proceeding becomes vexatious upon resolution of claims against foreign parties Lambert Leasing Inc v QBE Insurance (Australia) Ltd [2016] NSWCA 254, 93 NSWLR 166 – appeared for QBE – double insurance – conflict of laws – Swedish policy and Australian policy – Australian double insurance clause effective Trade Practices & Competition Law PT Garuda Indonesia ats ACCC [2017] HCA 21; [2016] FCAFC 42, (2016) 244 FCR 190; [2014] FCA 1157; (2014) ATPR 42-490 – appeared for Garuda in air cargo cartel proceedings Phoenix Institute of Australia v Australian Competition and Consumer Commission [2017] FCAFC 155; [2016]  FCA 190 – acting for Phoenix Institute in enforcement proceedings seeking recovery of VET FEE HELP on behalf of the Commonwealth ACCC v Renegade Gas & Ors [2014] FCA 1135; (2014) ATPR 42-485 – appeared for ACCC in gas cartel proceeding [/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 The Ups & Downs of Aviation Litigation 24/10/2019 Review of Recent Aviation Decisions 1/05/2019 Are there Extraterritorial Limits to the Operation of Australian Co...

[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 and the Anticipated Change in the Behaviour of ASIC and the Other Regulators in the Wake of the Hayne Royal Commission – at the Annual 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] 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]...