Mediation Archives - 13wentworthselbornechambers
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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] Adrian Gruzman Areas of Practice Bankruptcy & Insolvency Building & Construction Law Commercial Law Criminal Law Equity & Trusts Family Law Insurance & Professional Indemnity Mediation Professional Liability (including medical negligence and directors & officers liability) Real Property Law 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] Membership Aviation Law Association Australian Construction Law Discussion Group[/vc_column_text][/vc_column][/vc_row]...

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

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Sydney Jacobs Sydney practises in the areas of commercial law and equity, real property including easements, covenants, strata and building and construction law. Sydney's experience in easement matters includes: Applications to restrain the servient owner from obstructing the use of an easement Section 88K applications Applications for declaratory relief in respect of easement rights Whether easements have become obsolete through disuse or by reason of changes in the character of the neighbourhood Issues pertaining to both common law and Torrens title Whether a legal practitioner has been negligent by not giving advice in the context of the sale of land, that there was no easement securing the right of the purchaser to retain a particular utility service in place Whether there is an equitable easement, by estoppel, to maintain in situ the signage of a major CBD hotel Sydney holds a Master of Laws from the University of Cambridge. He is the sole author of two major loose-leaf services for Thomson Reuters: Commercial Damages and Injunctions: Law & Practice. He is a frequent presenter at CPD Seminars, some of which are linked below. Sydney has appeared before tribunals, such as the Consumer Trade & Tenancy Tribunal, NCAT, Industrial Relations Commission, Crime Commission and the Independent Commission Against Corruption as well as at technical references, numerous mediations and arbitrations. Sydney is an arbitrator and expert determiner approved by the NSW Bar Association and an NMAS certified mediator. Prior to being called to the Bar, Sydney was a solicitor in the Construction Divisions of Minter Ellison Morris Fletcher (now Minter Ellison) and Deacon Graham & James (now Norton Rose Fulbright). For any enquiries, or to brief Sydney, please contact our clerk Paul Walker at (02) 8915 5102.[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Appellate Building & Construction Law Commercial Law Corporations Law Easements and Covenants Equity & Trusts Inquests, Inquiries & Royal Commissions Intellectual Property Local Government, Planning & Environmental Law Mediation Mediators Real Property Law Retail and Commercial Leasing Trade Practices & Competition [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications 1982 – Bachelor of Arts: University of Cape Town, South Africa 1984 – Bachelor of Laws: University of Cape Town, South Africa 1986 – Master of Laws: Cambridge University, UK 1990 – Higher Diploma in Company Law: University of Witwatersrand, South Africa 2017 – BarADR Approved Arbitrator & Expert Determiner 2019 – Mediator, Approved under the National Mediation Accreditation System (NMAS) [/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 1995 – 1997 Senior Associate, Deacons Graham & James (now Norton Rose Fulbright) – Construction Department 1994 – 1995 Solicitor, Levingstons – Commercial Litigation and Maritime Law Department 1991 – 1994 Solicitor, Minter Ellison Morris Fletcher – Construction Department Academia Sydney is a former part-time lecturer on the topic of Damages and Equitable Remedies, as part of the Master of Laws Program at the University of Technology, Sydney [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership NSW Bar Association Australian Bar Association Resolution Institute[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Sydney has extensive experience acting for clients in complex hearings and appeals in a wide variety of jurisdictions. Significant matters in which he has appeared are as follows  Supreme Court of New South Wales Easement Cases Turvey v Crotti (No. 2) [2019] NSWSC 399 – Costs – Costs on an indemnity basis – alleged wilful disregard of known facts or clearly established law – whether case unduly prolonged by groundless contentions – offers of compromise – whether maximum sum of costs should be specified Turvey v Crotti [2018] NSWSC 1959 – Easements – for right of way – old system sub-division – nuisance – defendant obstructed the plaintiff’s ability to excercise the right of way over an access road appurtenant to her property. There was a subdivision of a large estate in the 1800s where the transfers to the original purchasers included the rights to pass and repass on the roads shown in the original plan of subdivision. At least one of these easements was omitted to be registered in a transfer in the 1900s where the land was qualified title, and the Registrar General then used his powers under s 42 Real Property Act 1900 (NSW) to register the easement. Common ground that the defendant’s conduct constituted actionable nuisance – damages for inconvenience & distress C v T  NSWSC [2018] – Application for easement for stormwater for large sub-division, pursuant to s88k Conveyancing Act. Significant experts' reports on issues of planning & zoning, engineering, valuation and environmental issues. Minister issued concept approval – reasonable necessity and other issues – after being case managed in the Real Property list the matter was successfully mediated C v G [2018] – Easement for access – blocked by gate – interim injunction for access obtained – matter case managed in Real Property List and settled by negotiation. M v R NSWSC [2018]- Application for easement for access & services pursuant to s88k Conveyancing Act – historic Pyrmont terraces – expert evidence by architect & electrical engineer - case managed in the Real Property list after evidence served, matter mediated successfully in 2018 Kocagil v Chen [2012] NSWSC – Successful easement application pursuant to section 88K Conveyancing Act Tony Stepanoski v Zhimin Chen [2011] NSWSC 1573 – Order obtained under section 88K of the Conveyancing Act for an easement for stormwater. Expert evidence including engineering & architectural planning. Portolesi v Tsaloukas NSWSC Proceedings No. 2009/287619 – Order obtained under section 88K of the Conveyancing Act for an easement for stormwater. Expert Evidence. Gee v Burger [2009] NSWSC 149 – Consideration of whether one can one plead an actionable right to privacy where one has an easement for right of way Gee v Burger [No 2]; [2009] NSWSC 1152 – Easement and privacy issues Gee v Burger [No 3]; [2009] NSWSC 1153 – Easement, privacy issues and costs regarding amendment application Hilton Hotels (Australia) Pty. Ltd. v. Sunrise Resources (Australia) Pty Ltd [2000] NSWSC 46 – Consent by lessor of Hilton Hotel to placement of signs by lessee (the Hilton); equitable easements; conventional estoppel pursuant to Eslea v Butts Other Cases Australian Commercial Marketing v Gold [2018] NSWSC 1701 – Land Law – Occupation of commercial premises – lease / licence – option in licence excercised orally for part of premises, so as to allow the Defendant to remain for a further three years; and other related issues including severance of part of agreement relating to determining rental in the option period that is void for vagueness S v I – Restraint of Trade – dispute between doctors. Sale of business. Was restraint part of the sale agreement? If so, was it reasonable or was it liable to be struck down? Spark Property Pty Ltd v Mammone & Cristofaro – SC proceedings 2017/64574 – Successful application to declare Vendor’s Notice to complete & Notice of termination of a contract for sale of land, invalid. True construction/rectification of contract. Order for specific performance and costs granted S v A [2018] – Ex Parte Freezing order for close to $900,000 for real estate agent’s commission Taste of Tuscany Restaurant v Papantoniou [2017] NSWSC 932 – Lease – existence of agreement – no concluded agreement – no intention that parties be bound prior to a formal lease being duly exectuted – unjust enrichment Crawford v Crawford & Morris NSWSC Equity Division Proceedings, 2016/71897 – Freezing/Mareva Orders, worldwide freezing orders regarding properties in Australia and Malta Wang & Ors v Kaymet Pty Ltd [2015] NSWSC 1058 – Admissibility of an expert’s report on the basis of whether the opinion shown to be based on the expert’s specialised knowledge Pisano v Williams [2014] NSWSC 1070 – Building and construction dispute; sale of a residence and a claim for damages for misleading or deceptive conduct and breach of duty of care Aussteel v Marcon [2014] NSWSC – Preliminary discovery application Barangaroo Development [2013] NSWSC – Urgent application for order under section 88K of the Conveyancing Act to allow temporary easement for access to erect scaffolding Wang & Ors v Kaymet Pty Ltd [2015] NSWSC – Proceedings involving purchasers of units “off the plan” and  whether builder/developer used reasonable efforts to register the strata plan by the "sunset date", whether rescission lawful. Zahos v Michael [2012] NSWSC 1110 – Successfully resist strike out in claim for alienation of assets with intention to defeat creditors (section 37A of the Conveyancing Act) McGrath v Beumer [2010] NSWSC 892 – Construction of Settlement agreement – whether settlement effected in light of subsequent events Peisley v Maddrell Management Pty Ltd [2010] NSWSC 1477 – Appeal on point of law against decision of magistrate; denial of natural justice Bank of Western Australia v Love [2009] NSWSC 1421 – Procedure & judgement/orders – amending, varying and setting aside orders Randi Wixs Pty Ltd v Kennedy [2009] NSWSC 933 – Lease prepared which did not reflect determination of ADT – rent erroneously stated in lease – transfer of property to third party – successful defence that plaintiff has no personal equity against defendant third party and any personal equity plaintiff may have cannot be enforced against registered proprietor George Maurice Norman Farkas v Northcity Financial Services Pty Ltd [2004] NSWSC 206 – Whether an insurer was liable to pay terminal illness benefits to the Plaintiff – application for setting aside of default judgement for possession – doctrine of benefits and burdens – unconscionable conduct G & E Avakoumides Pty Ltd v Commonwealth Funds Management [2004] NSWSC 711 – Commercial leases; negotiations to lease different premises; where series of offer documents “subject to …approval…contract and availability”; whether alleged oral acceptance of written offer sufficient to create contract; section 54A of the Conveyancing Act Adler Mallach Holdings Pty Ltd v Robertson [2001] NSWSC 692; [2002] NSWSC 1176 – Defendants using fake names, establish a business in competition with business sold to the Plaintiff. Election as to remedies. Damages – basis for assessment Tsaprazis v Goldcrest Properties Pty Lttd [2000] NSWSC 765 – Practice – costs – proceedings terminated because supervening event rendered them moot – Landlord & Tenant – termination of tenancy. Notice by landlord where landlord  forms opinion that repair of damage impracticable or undesirable –  Not authorised where opinion based on the economics of dealing with the problems of building generally, including design faults  District Court of New South Wales Dionys v National Australia Bank, 12 June 2015 – Successful claim against bank regarding the transfer of funds without authority. Proceedings involved question of whether bank had contractual defences (upheld on appeal [2016] NSWCA 242) Tilment Pty Ltd t/as Architects Edmiston Jones v Graham & Batmac Constructions Pty Ltd [2007] – Substantially successful defence on behalf of builder of claims for defective workmanship (flooring, ceiling timbers & paving). Referred to Rudge SC as Referee, whose report was dated 21 June 2007  Local Court of New South Wales Snowy River Shire Council v Adaminaby Craft Group Inc [2014] NSWLC – Successful claim for return of a valuable decorative curtain involving the doctrine of accession as a basis for asserting ownership Marcon v Lombardo [2013] NSWLC – Application pursuant to Access to Neighbouring Land Act 2000 (NSW) by developer to insert rock anchors and scaffolding. Settled pre-hearing Alan & Kerrie Pearlman v Bresman Pty Ltd (t/as Viaduct Tennis Centre) – 25 June 2002 – Mag. IJ Gray – successful claim up to (then) maximum jurisdiction of the Local court, for damages in contract and tort for defective design & construction of a tennis court & associated negligent advice Administrative Decisions Tribunal (ADT) / NSW Civil and Administrative Tribunal (NCAT) Maphaven Pty Ltd Pty Ltd v The Owners –Strata Plan No 48887 [2019] NSWCAT – Strata schemes –strata levies –what is the obligation (if any) of a lot holder to make contribution to insurance premiums over and above ordinary levies – change to the use of the leased premises (carpet shop to bespoke tattoo artist) –what impact (if any) did this have on insurance premiums ...

[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] Ramena Kako, TEP Ramena has been listed in the 2016, 2017, 2018 & 2019 editions of Doyle’s Guide as a Recommended  NSW Junior Counsel in the area of Wills & Estates Litigation and in 2019 as Recommended Counsel for Australia in the area of Wills & Estates Litigation. In 2016 Ramena was nominated as Woman Barrister of the Year (Women Lawyers Association of NSW).[/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 Equity & Trusts Inquests, Inquiries & Royal Commissions Mediation 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 Laws (Honours), University of Western Sydney 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] Professional experience Adjunct Lecturer, College of Law (Masters of Applied Law) Family Provision Prior to coming to the Bar, Ramena was a solicitor at Teece Hodgson & Ward, Deacons and Henry Davis York. She was also Tipstaff to Justice Palmer of the Supreme Court of New South Wales[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Member, Society of Trust & Estate Practitioners Member, American Bar Asociation Member, Women in Banking and Finance Inc. (NSW)[/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 Estate of the late Shirley Gardner; Bernengo v Leaney [2019] NSWSC 1324 (Bell P) – intestacy – successful declaration as to existence of de facto relationship; alternative family provision claim. Libbert v Mironow [2015] NSWSC 2153 (Brereton J) – s95 Succession Act approval of release of family provision rights. Re M’s Codicil [2018] NSWSC 936 (Lindsay J)  successful contested court authorised codicil where earlier codicil of doubtful validity in context of large protected estate. Estate Pamplin; Irwin v Pamplin [2017] NSWSC 1477 (Lindsay J): Competing Applications for letters of administration: de-facto v mother of deceased. Mallouhi & Ors v Marsh [2016] NSWSC (Ball J) Family Provision claim by adult daughter/grandchildren, settled during hearing Re: RB, a protected estate family settlement [2015] NSWSC 70 (Lindsay J, statutory will, protective jurisdiction, family provision releases) Re: Dion Investments Pty Ltd [2014] NSWCA 367 (operation of s81 Trustee Act 1925) Smith v O’Neill [2014] NSWSC 1119 (Hallen J, upholding gift to solicitor in will, knowledge & approval, s8 Succession Act) Application of NSW Trustee & Guardian (Estate of Fuller) [2014] NSWSC 423 (Kunc J, Judicial Advice in an estate) Application of NSW Trustee & Guardian (Estate of Foster) [2014] NSWSC 1633 (Brereton J, Benjamin Order, administration of an intestate estate) Cirillo v Cirillo; Estate of CA Cirillo, deceased [2013] NSWSC 1797 (Lindsay J, probate caveat, indemnity costs) NSW Trustee & Guardian v McGrath & Ors [2013] NSWSC 1894 (Young AJ, judicial advice, de facto relationship) Coates v Wattson; Estate of Sullivan [2013] NSWSC 604 (Windeyer AJ, rectification of will) Gulbis v Strikis [2012] NSWSC 807 (Slattery J, lien claim by solicitor/executor) Guler v NSW Trustee & Guardian [2012] NSWSC 1369 (forfeiture rule/Family Provision, White J) Hopwood v Hopwood (Plaintiffs, Family Provision claim, Supreme Court 2012, Hallen ASJ) Application of the NSW Trustee & Guardian; Estate of Kijauskas – judicial advice (Supreme Court, Ball J, 2012) Application of the NSW Trustee & Guardian; Estate of Diggle (judicial advice, Ball J, Supreme Court, 2012) Gooding v Robinson (Family Provision claim, Estate, Notional Estate, Hallen ASJ) Boughton v Jennings (informal will, Family Provision, members of household, 2012) Watt v Israel (Family Provision, plaintiff adult daughter, 2012) Wallace ats Amos, NSWSC, Slattery J (promissory estoppel claim against deceased estate, 2012) Eddy v Barratt (Family Provision, adult daughter, Macready ASJ, 2011) Morris v Hannagan [2011] NSWSC 1684 (co-executors, power of sale) (Rein J) Application of Hegarty [2011] NSWSC 1194 (construction of wills, administration suit, non-charitable purpose trust) (Gzell J) Telfer v Telfer [2011] NSWSC 1163 (Probate, resistance of removal of caveat, testamentary capacity & forgery issues) (White J) Noonan v Johnson (NSW Supreme Court, 15 March 2011, Pembroke J.) – testamentary capacity, appeared for the beneficiary (St. Vincents Hospital) (settled at trial) McQuade v Sheather & Ors (NSW Supreme Court, 2010) succession, injunction restraining solicitor distributing estate assets; opposing application to remove executor) – settled before trial. Crawley, Re; Application of Crawley [2010] NSWSC 618 (statutory will) Cemex Australia Pty Ltd v Takeovers Panel & Anor [2009] FCAFC 78 (misrepresentation in the conduct of a takeover) Fenwick, Re; Application of J.R. Fenwick & Re Charles [2009] NSWSC 530 (succession, first NSW decision on court authorised statutory wills) Refina Pty Ltd v Binnie [2009] NSWSC 311; and [2009] NSWSC 914 (property – adverse possession) and on appeal in the NSW Court of Appeal [2010] NSWCA 192[/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: Establishing Capacity in Practice – Wills and Enduring Powers of Attorney Family Provision Claims by Step-Children in Australia To Release or Not to Release, that is the question! A consideration of Lodin’s case Court Authorised Wills, Protected Estates and Family Provision Issues Recent Developments in Family Provision Litigation Informal Wills Recent Developments in Estate Litigation Undue Influence and Solicitor’s Duties in Will Drafting Recent Developments in Wills & Estates Common Mistakes Made by Executors Will Drafting for Lawyers Executors Stepping Out of Line The New Succession Laws and their Impact on Estate Planning Trends in Estate Litigation Estate Planning and the Distressed De facto Relationship Important Changes to the Law of Wills and Succession in NSW [/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] Stuart Kettle Areas of Practice 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 Bachelor of Arts, 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 Prior to coming to the Bar, Stuart was a solicitor and spent 9 years working in London with a specialist shipping and insurance firm, which led to his special interest in Insurance Policy interpretation and Indemnity Disputes. Before that, Stuart was a journalist and sub-editor with the Sydney Morning Herald[/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] David Liebhold David has been listed in the 2019 edition of Doyle’s Guide as a Recommended Junior Counsel in the area of Wills & Estates Litigation.[/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 Equity & Trusts Mediation Real Property Law Wills & Probate (including Succession and Family Provision) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Arts, Australian National University Bachelor of Laws (Honours), 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] Publications Available for Download Family Provision Year in Review 21/03/2013 Relationship and moral claim after Nicholls v Hall 17/09/2008 [/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Mark McCulloch SC Mark has been listed as Recommended Senior Counsel in Doyle’s Leading New South Wales Insurance & Personal Injury Barristers 2017 and recognised in the 2018 Edition of Best Lawyers in Australia in the area of Professional Malpractice Litigation. Areas of Practice Administrative Law Banking & Financial Services Commercial Law Equity & Trusts Insurance & Professional Indemnity Mediation Professional Liability (including medical negligence and directors & officers liability) 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 Diploma of Law (Barristers Admission Board) Master of Laws, University of Sydney[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience Solicitor and Senior Associate, Ebsworth and Ebsworth (now HWL Ebsworth) Solicitor, Ferrier & Associates[/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Michael Meek SC, TEP Michael has a leading practice in the area of estates, trust & protective law; and has been briefed in significant estate litigation including the estates of the late Bart Cummings and the late Reg Grundy. He also acts as a mediator in estate claims. Michael has been listed in the 2017 & 2018 edition of Doyle’s Guide as the Preeminent Senior Counsel in the area of Wills & Estates Litigation. Michael is the author of “The Australian Legal System” in the Nutshell series published by the Lawbook Co, Australia. Now in its fifth edition. Michael is also a contributing author and assistant editor for Richies Uniform Civil Procedure NSW, published by LexisNexis.[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Appellate Commercial Law Equity & Trusts Mediation Real Property Law Wills & Probate (including Succession and Family Provision) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Economics, University of Sydney Bachelor of Laws, University of Sydney[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Society of Trusts and Estate Practitioners (STEP) Commercial Law Association of Australia Michael is the Chancellor of the Anglican Church – Sydney Diocese [/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Geoffrey Rundle Geoffrey is an Arbitrator of both the Supreme Court of New South Wales and the District Court of New South Wales. He is also an accredited mediator and a contributions assessor for the Dust Diseases Tribunal[/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 Domestic Commercial Arbitration Mediation 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 Bachelor of Economics, University of Sydney Bachelor of Laws, University of New South Wales Barrister-at-Law Degree, The Honourable Society of King’s Inns, Dublin, Ireland Fellow, Chartered Institute of Arbitrators[/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 Prior to coming to the Bar, Michael was a solicitor at Henry Davis York practising in commercial and common law litigation[/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]...