Mediators

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

08 January, 2019

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Sydney Jacobs Sydney specialises in the areas of commercial equity, including real property, conveyancing, easements, covenants, strata, building and construction law, partnership disputes, insolvency, and leasing. He is also a NMAS accredited mediator, and a BarADR accredited arbitrator and an expert determiner. Complementing his practice as a barrister and mediator, Sydney authors two major loose-leaf services published by Thomson Reuters: Commercial Damages and Injunctions: Law & Practice; and part-authors two leading loose-leaf services, Commercial Arbitration: Law & Practice, and International Commercial Arbitration. Sydney is a frequent presenter at CPD Seminars, some of which are linked below. Prior to being called to the Bar, Sydney was a solicitor in the Construction Divisions of Minter Ellison Morris Fletcher (now Minter Ellison) and Deacon Graham & James (now Norton Rose Fulbright). To brief Sydney, please contact him on (02) 9232 7658 or via email: sjacobsassistant@13wentworth.com.au Sydney appears before the Supreme and Federal Courts, NCAT and has represented clients in the Industrial Relations Commission, Crime Commission and the Independent Commission Against Corruption as well as at technical references, arbitrations and mediations. Sydney’s experience in Easement matters includes: Acting as mediator. Applications to restrain servient owners from obstructing the use of an easement. Applications to be granted easements e.g. access/carriageway/services under Sec 88k of the Conveyancing Act NSW Applications for declaratory relief in respect of easement rights. Whether easements have become obsolete or have been abandoned (Sec 89 CA). Whether covenants have been overridden by planning instruments. Issues pertaining to both common law and Torrens title. Whether a legal practitioner has been negligent by not giving advice in the context of the purchase of land, that there was no easement securing the right of the purchaser to retain a particular utility in place. Whether there is an equitable easement, or easement by estoppel, to maintain in situ valuable signage and services. Construction of development consents which make provision for easements, including deferred commencement conditions. Comparing strategies under Sec 88k Conveyancing Act / Access to Neighbouring Land Act /Encroachment of Buildings Act. [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Appellate Building & Construction Law Commercial Law Corporations Law Easements and Covenants Equity & Trusts Inquests, Inquiries & Royal Commissions Intellectual Property Local Government, Planning & Environmental Law Mediation Mediators Real Property Law Retail and Commercial Leasing Trade Practices & Competition [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Accredited Mediator, National Mediation Accreditation System (NMAS), 2018 BarADR Approved Arbitrator & Expert Determiner, 2017 Higher Diploma in Company Law: University of Witwatersrand, South Africa, 1990 Master of Laws: University of Cambridge, UK, 1986 Bachelor of Laws: University of Cape Town, South Africa, 1984 Bachelor of Arts: University of Cape Town, South Africa, 1982 [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience 1997 – Present:  Barrister, 13 Wentworth Chambers 1995 – 1997:       Senior Associate, Deacons Graham & James (now Norton Rose Fulbright) – Construction Department 1994 – 1995:       Solicitor, Levingstons – Commercial Litigation and Maritime Law Department 1991 – 1994:        Solicitor, Minter Ellison Morris Fletcher – Construction Department Academia Sydney is a former part-time lecturer on the topic of Damages and Equitable Remedies, as part of the Master of Laws Program at the University of Technology, Sydney[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership NSW Bar Association Australian Bar Association Resolution Institute[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases [N.B. Easement/Covenant cases and advices are marked with **] Some of the matters in which Sydney has appeared or advised are as follows. Those which are unnamed are either current or were subject to settlement and hence limited details can be provided: 2022 NSW District Court Proceedings No. 2021/297944 – Alleged trespass by television crew and consequent alleged publication of material filmed whilst on premises. Claim for damages for loss of reputation [ongoing proceedings]. Easements and Covenants – various advices including:** (i)     Advising a developer whose land is burdened by an easement for carriageway as to what construction they can carry out on their land, having regard to the easement. (ii)   Advising as to whether there can be a passing bay on a right of carriageway. (iii) Considering whether there is an existing easement by virtue of adverse possession. Alternatively, whether an easement can be obtained under section 88K Conveyancing Act. (iv) Advising as to whether a servient owner in respect of a right of carriageway has obstructed use by placing objects etc. across it. (v)  Advising in a number of matters where the full width of the easement is not available for practical use and considering whether the servient owner can be compelled to provide wider access. (vi) Advising as to whether the overland flow of water constitutes an actionable nuisance and as to a notice of intention are to issue a Development Control Order in that regard. 2021 • NSW District Court Proceedings No. 2020/206191 – Mediation – Appointed as mediator in relation to professional negligence claim against mortgage broker etc. • NSW Supreme Court Equity Division, Real Property List Proceedings No. 2021/268328 – Application for a statutory easement under section 88K Conveyancing Act.** • NSW Supreme Court Equity Division Proceedings No. 2020/365402 – Ianni Family Pty Ltd v Bell and Dzubiel – Application for an easement under section 88K Conveyancing Act (NSW).** • NSW Supreme Court Proceedings No. 2020/44220 – Johnstons v Page –concerned whether an easement for right of way ought to be extinguished or amended.** • Land and Environment Court No. 2021/95074 – Korlevic and Ors v Tynan – Class 3 Proceedings, under the Encroachment of Buildings Act 1922, seeking an easement in respect of part of a building constructed on neighbouring land.** • NSW District Court Proceedings No. 2020/208291 – Alliance Motor Auctions Pty Limited v Friendlee Autos Pty Ltd & Lee William Friend – Action for monies owing by reason of sale of chattels. Defence based on estoppel. • G v L – Application to the Registrar General regarding the removal by him of an easement and seeking that he exercises his powers of review so that the easement may be reinstated (as the matter is not in the public domain, names of the parties are confidential).** • NSWSC Proceedings No. 2021/108534 – Di Maria v Di Maria – Application for appointment of a trustee for sale pursuant to Sec 66G Conveyancing Act. • NSW District Court Proceedings 2021/177896 – Claim for damages for trespass by crane swing; and associated application for an Access order under the Access to Neighbouring Land Act, in Local Court Proceedings 2021/159495. • NSWDC Proceedings 2021/135191 – Claim by builder for variations alternatively upon a quantum meruit/restitution for unjust enrichment. Easements and Covenants – various advices covering: ** (i) – the true construction of a covenant contained within an easement and whether the consent of the dominant owner can be capriciously withheld. (ii) Sec 88 K Conveyancing Act – whether easement reasonably necessary. (iii) Easement by long user / prescription & the differing principles relevant to Torrens and Old System / Common Law title. (iv) where dominant land consolidated with other land • NSWSC Proceedings No. 2020/321959 - Mediator – mediate multi-party dispute concerning an easement for carriage way, benefiting commercial premises. ** • NSWSC Proceedings No. 2020/44220 – ongoing matter as to whether a right of way ought be extinguished under Sec 89 Conveyancing Act. ** • Advice as to construction of easements for jetty access. ** • Settle application in NSWSC for easement for encroachment. ** • Advise developer about easement for passing bay. ** • Advice as to construction of a right of way allowing gates to be constructed. ** 2020 • Development of new suburb in a capital city: advise developer as to the true construction of development consents stipulating for the provision of easements. ** • DCNSW Proceedings 2020/208291 – Dispute as to whether moneys owing for sale of certain chattels; defence based on estoppel. • Proceedings in the SC of NSW and the ACT: Appeared at mediation of a NSW Supreme Court dispute between partners involved in a construction company; drafted pleadings that one party had become the agent for sale of the shares of the other, owed fiduciary duties and breached them. Claim by one party to an equitable interest in a property purchased by the other and used in the business - Successfully mediated before final hearing. • NSWSC proceedings [No. 2019/316427] against a director of a company in liquidation. Settled pleadings and affidavits as to breaches of director’s duties including uncommercial transactions – successfully mediated before final hearing. • Submissions to the Registrar General on behalf of dominant owner of property, which benefited from an easement for access over neighbour; Successfully opposing an application for removal of the easement by reason of abandonment. Neighbours / servient owner made administrative application that the easement be removed from the register on the basis of obsolescence/abandonment. ** Easements and Covenants – various advices covering: ** (i)   Whether the owners of the servient land, over which there was an easement in gross for drainage of water, were entitled to develop their land above that drainage easement and if so, at what height. (ii)  Advice as to the true construction of an easement for access benefitting substantial rural property. ** (iii) Advice on whether an easement for access to a substantial estate could be removed on Sec 89 Conveyancing Act grounds e.g. obsolescence. ** (iv) Draft pleadings in a NSWSC claiming that there is an easement by estoppel in respect of substantial adjoining properties, alternatively, a claim for an easement for carriageway pursuant to Sec 88 K Conveyancing Act. ** (v) Advise owner of servient property, over which runs an easement for access, canvassing whether the easement could be removed pursuant to Sec 89 Conveyancing Act by reason of abandonment; and if not, what rights the dominant and servient owners enjoy e.g. as to re-forming its surface; its daily use and what would constitute actionable interference/ nuisance. ** (vi) Advise owners of a shopping centre, in circumstances where an easement benefitting the land is to be resumed. ** Prior to 2020 • Turvey v Crotti (No. 2) [2019] NSWSC 399 – As lead counsel for Turvey- Costs – Costs on an indemnity basis – whether case unduly prolonged by groundless contentions – offers of compromise – whether maximum sum of costs should be specified. – Successful – Significant Costs ordered. ** • Maphaven Pty Ltd Pty Ltd v The Owners –Strata Plan No 48887 [2019] NSWNCAT – Strata schemes – strata levies – what is the obligation (if any) of a lot holder to make contribution to insurance premiums over and above ordinary levies – change to the use of the leased premises (carpet shop to bespoke tattoo artist) – what impact (if any) did this have on insurance premiums of the strata schemes ? – meaning of consent in Sec 82 (2) Strata Schemes Management Act 2015 – Orders made under Sec 241 of the SSMA –costs awarded to applicant – no part of the costs incurred by the respondent to be levied against the Applicant. • Australian Commercial Marketing v Gold [2018] NSWSC 1701 – Land Law – Occupation of commercial premises – lease / licence – option in licence exercised orally for part of premises, so as to allow the Defendant to remain for a further three years; and other related issues including severance of part of agreement relating to determining rental in the option period that is void for vagueness. • S v A [2018] – Ex Parte Freezing order for close to $900,000 for real estate agent’s commission. • Turvey v Crotti [2018] NSWSC 1959 – As lead counsel for Turvey-Easements – for right of way – old system sub-division – nuisance – defendant obstructed the plaintiff’s ability to excercise the right of way over an access road appurtenant to her property. There was a subdivision of a large estate in the 1800s where the transfers to the original purchasers included the rights to pass and repass on the roads shown in the original plan of subdivision. At least one of these easements was omitted to be registered in a transfer in the 1900s where the land was qualified title, and the Registrar General then used his powers under s 42 Real Property Act 1900 (NSW) to register the...

09 January, 2019

[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 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 Course Director ACICA - Advocacy in 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] Membership Admitted to Gray's Inn, 2015 Head of Chambers – Thirteen Wentworth Chambers, Sydney Consultant to Gatehouse Chambers, London Fellow – Australian Centre for International Commercial Arbitration (ACICA) BarADR Approved Arbitrator – New South Wales Bar Association Member – Chartered Institute of Arbitrators 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)[/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. As Arbitrator HKIAC Arbitration between two shareholders of an international trading company involving multiple disputes concerning shareholder and director’s conduct and entitlements. ICC Arbitration between a maintenance provider and an aircraft owner concerning a dispute about the entitlement of the maintenance provider to hold   his aircraft pursuant to a contractual lien. ACICA Arbitration in Hong Kong between a software provider and an international company about the fitness for purpose of the software. Ad Hoc Arbitration in Sydney about the entitlement of the police to use documents seized on a warrant. Ad Hoc Arbitration between two shipping companies about the entitlement of a shipping company for compensation about non-use of cargo space pursuant to a slot agreement. Ad Hoc Arbitration in Hong Kong between a software supplier and a bank concerning the fitness for purpose of administration software supplied to the bank. 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. For the Plaintiff in a dispute concerning 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 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"...

27 December, 2018

[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]...

07 January, 2019

[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 SC Jodi is a Senior Counsel 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. 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. For more information, see jodisteele.com.au Accolades 2023 Best Lawyers in Australia: Alternative Dispute Resolution, Insurance Law and Litigation (awarded in April 2022) 2022 Best Lawyers in Australia: Alternative Dispute Resolution, Insurance Law and Litigation (awarded in April 2021) 2022 Doyles Guide: Leading Construction and Infrastructure Senior Counsel – NSW 2022 Who’s Who Legal - Construction (Peers and clients say “I found Jodi to be incredibly engaging and she was able to work through some very complex issues with great skill”; “she is always available to help and to guide”; “Jodi is rapidly establishing herself as a leading Senior Counsel specialising in construction disputes”) 2021 Best Lawyers in Australia: Alternative Dispute Resolution, Insurance Law and Litigation (and as published in the Australian Financial Review) 2021 Doyle's Guide - Recommended Leading Construction and Infrastructure Senior Counsel – NSW Who's Who Legal: Australia & New Zealand - Construction: (WWL says “Jodi Steele SC is widely acknowledged to be “an excellent silk” for complex commercial and infrastructure disputes”). 2021 Who's Who Legal - Construction: (WWL says “Jodi is celebrated as a top Silk in construction in New South Wales”; “she is highly intelligent, tactical, committed and hard-working”; “Jodi is excellent in the testing of expert evidence”). 2020 Doyles Guide: Recommended Leading Construction and Infrastructure Junior Counsel - NSW 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 - Construction ("Jodi is a well-regarded construction barrister at the Australian Bar. She is described as being "excellent with expert evidence" and is credited with "a high intellect and wide experience") 2019 Who’s Who Legal: Australia – Construction (WWL says “Jodi Steele is a standout barrister with substantial experience acting for clients in high-value construction disputes”). 2019 Top 100 Women in Construction and Development 2018 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”) 2018 Best Lawyers in Australia 2018 Who’s Who Legal: Construction (WWL says sources have praised Jodi 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 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: Senior Counsel and Barrister, 13 Wentworth 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 Member, International Arbitration Committee NSW Bar Association Jodi has adopted the Law Council of Australia’s National Model Gender Equitable Briefing Policy Appointments Director, Counsel Chambers Limited (since 2016) 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 Significant cases in which Jodi has appeared are set out in her CV, which can be downloaded below.[/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: Recent Developments in Construction Law: Australian Society of Construction Law Advocacy in Mediation: NSW Bar Association conference in Orange, New South Wales 9th Annual Advanced Evidence and Advocacy Masterclass: presented at UNSW for Legalwise Seminars 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]...

13 January, 2019

[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] Christopher Wood SC Appointed Senior Counsel in 2019, Christopher maintains an expansive practice spanning intellectual property, bankruptcy and insolvency, real property, commercial law and equity. He has been listed in the Best Lawyers in Australia Awards for 2021 for Litigation. In addition to his extensive advocacy experience, Christopher has also prepared complex advice in areas such as tracing, breaches of fiduciary duties and constructive trusts. The jurisdictions in which he primarily appears include the New South Wales Court of Appeal, Supreme Court of New South Wales and Federal Court of Australia. Christopher is the co-author of Finnane E, Newton N & Wood C, Equity Practice and Precedents (Thomson, Sydney 2008; 2019 (2nd ed)) and has authored several other legal articles and publications. He holds a Bachelor of Laws with First Class Honours and a Bachelor of Science from 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] Areas of Practice Bankruptcy & Insolvency Commercial Law Equity & Trusts Intellectual Property Mediator Real Property Law Retail and Commercial Leasing Wills & Probate [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Science, University of Technology Sydney Bachelor of Laws (Honours 1st), University of Technology Sydney Accredited Mediator under the National Mediator 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 Prior to coming to the Bar, Christopher was a solicitor at Minter Ellison[/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 for Computers and the 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 Mega-Top Cargo Pty Ltd v Moneytech Services Pty Ltd [2015] NSWCA 402 – construction of contract providing for liability for GST Hudson v Sigalla [2015] FCAFC 140; (2015) 235 FCR 122; [2016] ALMD 1807; (2015) 149 ALD 239 – requirement for leave under the Bankruptcy Act Re Bluenergy Group Limited; Ball v Rathner (2015) 300 FLR 155; (2015) 107 ACSR 373; [2015] NSWSC 977 – deed of company arrangement binding secured creditors Re appln Sonya Sarkis [2015] NSWSC 1369 – judicial advice for a trustee Carmen Ho v Lorenz Derek Austin Ebert [2015] NSWSC 1468 – caveat Macquarie Bank Limited v The Two Eagles Pty Limited [2014] NSWSC 367 – judicial advice for a liquidator Barescape Pty Ltd v Bacchus Holdings Pty Ltd (No. 6) [2012] NSWSC 257 – partners’ fiduciary duties NAB v Dionys [2016] NSWCA 242 – authorisation, ratification and incorporation of contract terms NA Retail Solutions v St George Bank Ltd (2010) 267 ALR 599 – injunction against a bank Dhami v Martin (2010) 241 FLR 165; (2010) 79 ACSR 121 – Directors’ meetings Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd (2010) 263 ALR 155; 83 IPR 582; [2010] AIPC 92-371; [2010] ATPR (Digest) 46-276; [2010] FCA 29 – music copyright infringement Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd (2009) 179 FCR 169; (2009) 81 IPR 584 – subsistence of copyright Fermiscan Pty Ltd v James (2009) 81 IPR 602; [2009] NSWSC 546 – patents and contract Williams v Calivil Park Holstein Pty Ltd [2009] NSWSC 389; (2009) 27 ACLC 704 – winding up Beattie v Osman (No 4) (2009) 73 ACSR 220; [2009] NSWSC 834 – removal of administrators Smith v Peter & Diana Hubbard Pty Ltd [2006] NSWCA 109 – contract formation Re Gympie Gold Ltd (2006) 56 ACSR 690; [2006] NSWSC 97 – extending a convening period Re Jay-O-Bees; Russeau v Jay-O-Bees (2004) 50 ACSR 565; [2004] NSWSC 818 – proof of debt Tradition Australia Pty Ltd v Gunson (2006) 152 IR 395; [2006] NSWSC 298 – injunctions against employees Khamo v XL Cleaning Services Pty Ltd (2004) 51 ACSR 397; [2004] NSWSC 1134 (Barrett J as his Honour then was) Karl Suleman Enterprises Pty Ltd (in liq) v Babanour (2004) 49 ACSR 612; (2004) 22 ACLC 931; [2004] NSWCA 214 – pleadings Indian Taj v Gilany [2004] NSWSC 1193; [2005] ANZConvR 309 – retail leases ARC Enterprises NSW v Brown (2004) 52 ACSR 99; [2004] NSWSC 1214 – injunction against liquidator Torpedoes Sportswear Pty Ltd v Thorpedo Enterprises Pty Ltd (2003) 132 FCR 326; (2003) 204 ALR 90; (2003) 59 IPR 318; (2003) AIPC 91-919; [2003] FCA 901 – trade mark Panel Tech Industries (Aust) v Australian Skyreach Equipmen5t (2003) 200 ALR 321 – statutory demand Scope Data Systems v BDO Nelson Parkhill (2003) 199 ALR 56 – statutory demand ASIC v Karl Suleman Enterprises (2003) 117 FLR 147; (2003) 45 ACSR 401; (2003) 21 ACLC 1180[/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 Fiduciary Duties 1/05/2018 Injunctions in Contract Claims 2/03/2016 Statutory Demands: When to issue them and how to set them aside 2/01/2014 Accounts in Equity 13/03/2008 Accounts in Equity 13/03/2008 Pleading in Commercial Cases 1/02/2008 [/vc_column_text][/vc_column][/vc_row]...

10 January, 2019
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