Transportation Law (including Aviation & Maritime Law) Archives - 13wentworthselbornechambers
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Transportation Law (including Aviation & Maritime Law)

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Tom Brennan Areas of Practice Administrative Law Employment Law Insurance & Professional Indemnity International Law (Public & Private) Trade Practices & Competition Transportation Law (including Aviation & Maritime Law) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Arts, Australian National University Bachelor of Laws, Australian National University Graduate Diploma in Legal Practice, Australian National University[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience Partner, Corrs Chambers Westgarth Senior Executive Service Officer, Commonwealth Department of Employment, Education & Training Chief of Staff to Deputy Prime Minister[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Law Council of Australia, Trade Practices Committee Law Council of Australia, Civil Litigation Section Law Council of Australia, International Law Section Australian Institute of Administrative Law[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Administrative Law Degning v Minister for Home Affairs [2019] FCAFC 67 – interpretation of legislation – presumption against retrospectivity – natural justice – appeared for appellant to set aside deportation order Helicopter Resources Pty Ltd v Commonwealth of Australia [2019] FCAFC 25; [2018] FCA 595, [2018] FCA 991 – appeared for Helicopter Resources  – Judicial Review of decision by Coroner to require employee of company charged with offence to answer questions which may be relevant to the charges – scope of corporation’s right to an accusatory trial – powers of Coroner. Hocking v Director-General, National Archives of Australia [2019] FCAFC 12; [2018] FCA 340, 255 FCR 1 – appeared for Professor Hocking – Constitutional and Administrative Law – are letters between the Governor-General in his official capacity and the Queen the property of the Commonwealth and subject to the Archives Act – nature and incidents of the office of Governor-General. BSX15 v Minister of Immigration & Border Protection [2017] FCAFC 104; [2016] FCA 1432 – appeared for applicant at trial and on appeal – setting aside adverse security assessment for denial of procedural fairness Jetstar Airways Pty Ltd v Civil Aviation Safety Authority [2018] AATA 2097 – appeared for Jetstar – obligations of decision maker under Freedom of Information Act to consult with affected third party – scope of third party’s right to oppose release of documents in proceedings in the AAT Fitzgibbon v Prime Minister [2017] FCA 968, 72 AAR 431, [2017] AATA 502 – appeared for the Prime Minister – scope of application of provisions of the Freedom of Information Act and Administrative Appeals Tribunal Act when documents in the possession of the Prime Minister are claimed to be private documents of the Prime Minister El Ossman v Minister for Immigration and Border Protection [2017] FCA 636, 248 FCR 491 – appeared for Mr El Ossman to obtain first ever writ quashing ASIO’s adverse security assessment. Employment Law Isaac v Dargan Financial Pty Ltd [2018] NSWCA 163 – appeared for Mr Isaac – restraint of trade in contract for conduct of mortgage broking business Bartlett v Australian and New Zealand Banking Ltd [2016] NSWCA 30, (2016) 92 NSWLR 639 – appeared for Mr Bartlett on dispute concerning termination of employment – qualification of contractual powers and discretions by requirements of good faith and reasonableness- principles for resolving conflicts in expert evidence Insurance Marketform Managing Agency Ltd ats Amashaw Pty Ltd [2018] NSWCA 70 – appeared for insured on claim for indemnity for rectification of service station petrol leak under environmental liability risks policy. Lambert Leasing Inc v QBE Insurance (Australia) Ltd [2016] NSWCA 254, 93 NSWLR 166 – appeared for QBE in double insurance dispute – scope and operation of s.45 Insurance Contracts Act. Public and private international law Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2;  [2017] NTCA 7, 326 FLR 1 – appeared for Outback Ballooning – extent of operation of the Chicago Convention on Civil Aviation – effect on construction of the Civil Aviation Act and Regulations. Parkes Shire Council v South West Helicopters Pty Ltd [2019] HCA 14; [2017] NSWCA 312, 356 ALR 63 – appeared for South West – scope and operation of the Warsaw Conventions on the liability of civil aviation carriers for nervous shock to third parties. Mackellar Mining Equipment Pty Ltd v Thornton [2019] QCA 77 – appeal against refusal of anti-suit injunction – whether continuation of foreign proceeding becomes vexatious upon resolution of claims against foreign parties Lambert Leasing Inc v QBE Insurance (Australia) Ltd [2016] NSWCA 254, 93 NSWLR 166 – appeared for QBE – double insurance – conflict of laws – Swedish policy and Australian policy – Australian double insurance clause effective Trade Practices & Competition Law PT Garuda Indonesia ats ACCC [2017] HCA 21; [2016] FCAFC 42, (2016) 244 FCR 190; [2014] FCA 1157; (2014) ATPR 42-490 – appeared for Garuda in air cargo cartel proceedings Phoenix Institute of Australia v Australian Competition and Consumer Commission [2017] FCAFC 155; [2016]  FCA 190 – acting for Phoenix Institute in enforcement proceedings seeking recovery of VET FEE HELP on behalf of the Commonwealth ACCC v Renegade Gas & Ors [2014] FCA 1135; (2014) ATPR 42-485 – appeared for ACCC in gas cartel proceeding [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications Available for Download The Ups & Downs of Aviation Litigation 24/10/2019 Review of Recent Aviation Decisions 1/05/2019 Are there Extraterritorial Limits to the Operation of Australian Co...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Gary Doherty Gary is also a Lieutenant in the Royal Australian Naval Reserve (Legal Officer)[/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 Building & Construction Law Commercial Law Criminal Law Equity & Trusts Insurance & Professional Indemnity Professional Liability (including medical negligence and directors & officers liability) Trade Practices & Competition Transportation Law (including Aviation & Maritime Law) Wills & Probate (including Succession and Family Provision) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Laws (Honours), University of Technology Sydney Diploma of Legal Practice, University of Technology Sydney Australian Bar Association Residential Trial Advocacy Course – 2009[/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, Gary was a solicitor for 12 years in various positions[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Australian 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] Publications Available for Download Preliminary Discovery of Documents from a Prospective Defendant 31/03/2015 [/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] 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] Greg Laughton SC Areas of Practice Appellate Arbitrators Building & Construction Law Commercial Law Domestic Commercial Arbitration Insurance & Professional Indemnity International Commercial Arbitration & Mediation Mediation Mediators Professional Liability (including medical negligence and directors & officers liability) Transportation Law (including Aviation & Maritime Law) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Masters of Law (International, Commercial and Economic Law), University of New South Wales, 2008 Diploma of International Commercial Arbitration, University of New South Wales, 2007 Professional Certificate in Arbitration, University of Adelaide, 2006 Diploma of Law, Barristers Admission Board, Law Extension Committee, University of Sydney, 1982[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience With over 30 years at the Bar, I have considerable experience acting for, and advising, clients globally, in complex cross-border maritime commercial, building and construction, professional negligence and insurance-related disputes. Complementing my practice, I have a strong interest in alternative dispute resolution, and in particular, international commercial arbitration. With chambers in Sydney and London and possessing specialised knowledge and expertise in commercial, maritime and building and construction disputes, I have appeared in local and overseas jurisdictions, including Sydney, Hong Kong, London, Dubai and Frankfurt, in commercial arbitrations and mediations as counsel, arbitrator and mediator, affording me a true global perspective. I have provided complex advice to multi-national insurers as well as insureds, and have appeared in mediations, arbitrations and Court in matters regarding coverage, construction of policies, liability and subrogation. The broad range of classes of insurance in which I have acted encompass construction (including professional negligence of engineers, architects and quantity surveyors), maritime (including cargo), infrastructure (including energy), product liability and trade credit risk. I am a Fellow of the Australian Centre for International Commercial Arbitration (ACICA); member of the Chartered Institute of Arbitrators, a BarADR approved arbitrator of the NSW Bar Association. I am also an accredited mediator under the Australian National Mediator Accreditation Standards and a court-appointed mediator of the Supreme and District Courts of New South Wales. In 2015 I was awarded the Australian Arbitration Barrister of the Year in the Lawyer Monthly Legal Awards and in 2018 was selected by my peers for inclusion in Best Lawyers in Australia for my work in Product Liability Litigation. Academia Course Director and Speaker – Australian Centre for International Commercial Arbitration: 2017 Teacher – Australian Bar Association International Faculty to Bangladesh: since 2005 Director – New South Wales Bar Practice Course: 1999 to 2001 Teacher – Australian Advocacy Institute Teacher – New South Wales Bar Association[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Admitted to the Grays Inn, 2015 Chairman and Head of Chambers – Thirteen Wentworth Selborne Chambers, Sydney Consultant to Hardwicke Chambers, London Fellow – Australian Centre for International Commercial Arbitration (ACICA) BarADR Approved Arbitrator – New South Wales Bar Association Member – Chartered Institute of Arbitrators Graded Arbitrator – Institute of Arbitrators & Mediators Australia Accredited Mediator – Australian National Mediator Accreditation Standards Court-Appointed Mediator – Supreme and District Courts of New South Wales Arbitrator – Mauritian International Arbitration Centre (MIAC) Registered Mediator – Civil Mediation Council (CMC) (UK) Member – Centre for Effective Dispute Resolution (CEDR) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text]I have extensive experience appearing in complex hearings and appeals in a wide variety of jurisdictions, including the High Court of Australia, Federal Court of Australia, Supreme Court of New South Wales and inferior courts. I have also conducted litigation in all States of Australia. Select cases are as follows. Gram Engineering Pty Limited v BlueScope Steel (2014) FCAFC 107; 26 August 2014; Full Court of the Australian Federal Court; (2018) Federal Court of Australia (Jagot J) – Acted for the owner of a registered design on its assessment of damages following findings of infringement of a registered design Joseph v Commissioner of Police [2017] NSW CA 31 (6 March 2017) New South Court of Appeal; Administrative law on the entitlement of the Appellant to a Firearms Dealer Licence Bestcare Foods Ltd (subject to a Deed of Company Arrangement) [2013] NSWSC 1673; and 18 December 2014 NSWSC 183 New South Wales Supreme Court (Equity Division) – Appeared for the Directors of Bestcare Foods Limited in proceedings against the Administration of the company which clarified: the circumstances in which a Deed of Company Arrangement can be terminated upon a company in administration returning to solvency; and the Administrators remuneration can be reviewed by a Court. Hampton & Farley [2013] FamCA 213 (5 April 2013) Family Court of Australia – Concerning the circumstances in which a constructive trust will arise based on a representation of future intention. Carbone v Calabria Community Club Pty Ltd [2013] NSWSC 998 (26 July 2013) New South Supreme Court (Equity Division) – Dealt with the obligations of the Directors of a community based corporation to its members and the circumstances in which a Company can be wound up on just and equitable grounds. State of New South Wales v Tyszyk [2008] NSWCA 107, New South Wales Court of Appeal – Dealt with the liability of police in emergency situations and the liability of the owner of commercial premises to an innocent passer by. Chandos Development Pty Limited v Mulkearns & Anor [2008] NSWCA 62, New South Wales Court of Appeal – Dealt with the circumstances in which a vendor of commercial property could terminate a contract for sale of land for breach by a purchaser, notwithstanding its own breach. Erect Safe Scaffolding (Australia) Pty Limited v Sutton [2008] NSWCA 114, New South Wales Court of Appeal – The construction of an indemnity clause in a subcontract between a builder and a scaffolder was considered, in the context of an insurance policy, covering public liability of the builder. Coshott v Principal Strategic Options Pty Limited [2004] FCAFC 50, Full Court of the Australian Federal Court – Dealt with the principles of damages and causation in relation to a wrongly obtained injunction. Nominal Defendant v Gardikiotis (1996) 186 CLR 49, High Court of Australia – Clarified in favour of the insurer, the liability to pay damages for fund management for catastrophically injured plaintiffs. Andjelic v Marsland [1996] HCA 55, High Court of Australia – Clarified in favour of the insurer the obligation to pay damages for funds management to injured plaintiffs. Columbia Coffee and Tea Pty Limited & Ors v Churchill & Ors (1993) 9 ACSR 415, New South Wales Supreme Court – Major case involving the negligence of the auditor of an international coffee trading company. The case clarified the Australia position on the scope of the duty of care of auditors. Other recent cases in which I have recently appeared include as follows. Acted for the owners of Development land in the outer suburbs of Sydney against a developer on the proper construction of a Put and Call Option (2017) Gram Engineering Pty Limited v BlueScope Steel (2014) FCAFC 107; 26 August 2014; Full Court of the Australian Federal Court – Acted for the owner of a registered design on its assessment of damages following findings of breach of a registered design Other significant Matters appearing as Senior Counsel, Arbitrator and Mediator Alternative Dispute Resolution I have appeared in numerous arbitrations and mediations in commercial, building and construction, maritime and professional negligence matters. International Commercial and Maritime I have advised and appeared in disputes concerning jurisdiction and cross-border legal issues and in maritime and construction cases, insolvency, sale of goods and general commercial disputes. International Commercial Arbitrations I have been involved in various international commercial and maritime arbitrations in the following jurisdictions. I have appeared for: In Hong Kong Two container shipping companies over the terms of, and the amount due, under a Slot Agreement. A computer hardware and software supplier and a Hong Kong financial services company over the quality of the computer equipment and software supplied. The CEO of a container shipping company and the company, about whether the CEO was wrongfully dismissed and the amount of compensation owed by the company under the CEO’s employment agreement. The head contractor and a sub-contractor about the value and quality of work performed in a major construction dispute. In Dubai A CEO in a wrongful dismissal claim by his employer. In Germany An IT provider and a head contractor about the supply of IT services in 120 countries; wrongful termination of a services agreement and unpaid invoices for services rendered. In London Recovery of significant sum due under a guarantee of a Hong Kong registered Company. All legal breaches of a Shareholders Agreement between two Hong Kong residents. (Case No HKIAC/17111) An IT provider and head contractor for the supply of IT Services. A telecommunications company for the sale of its infrastructure. Both cases above were mediated in London before the arbitration. In Australia Two telecommunications companies about the terms of a Supply Agreement for VOIP service and other amounts due under it. Two telecommunications companies about the ownership of the intellectual property in Apple I telephone application and the amounts due under an agreement to export it. Advised and appeared for telecommunications company for issues including carry services and distribution networks Advised and appeared in the agricultural institutions associated with the sale of grains, cereals and pulse; financiers for agricultural products including livestock and disputes concerning forward grain contracts. In Papua New Guinea The landowners and a goldminer about the royalties payable to the landowners and environmental issues. The landowners and a copper miner and the royalties payable to the landowners. Maritime Advised and appeared in disputes concerning charter parties; cargo and general shipping disputes. Construction/Infrastructure Acted for head contractors; specialist sub-contractors and government and local government departments in both national and cross-border disputes involving: Infrastructure – roads; rail; bridges and ports; Commercial high rise; and High and low rise residential Engineering; Design; Defective workmanship; Breach of contract and statutory warranty; Delay and liquidated damages; Security of payment. Professional Negligence of: Engineers – civil; electrical; mechanical; Architects; Quantity surveyors; Building surveyors; and Payment managers. Insurance Insurers and re-insurers of risks associated with the construction and infrastructure projects, and quantum claims for: builders/construction; design; landlord; underground services locator; and business interruption. As Arbitrator Acted as arbitrator in many domestic and international arbitrations including ad hoc and institutional arbitrations including: HKIAC appointment in a shareholders’ dispute between the members of an international fashion company. ACICA appointment in a dispute between a software supplier and an international FMCG company. As Mediator Acted as mediator in many domestic and international disputes, involving allegations of: Professional negligence of legal and medical practitioners; civil and mechanical engineers; architects and builders. Breach of commercial contracts for: the sale of goods; provision of services including IT; software; hardware and other services; the sale of commodities; property development and contracts for the sale of commercial real estate and construction; insurance on denials of indemnity and quantum of claims for the following risks: construction infrastructure; maritime including cargo and damage to goods; fire claims; trade credit mining disputes; business interruption; transport product liability International Estates Advised on and appeared in matters involving cross-border estate disputes, including property; equities; and tracing cash and other assets. Advise the insured on coverage; indemnity and subrogation issues on a worldwide trade credit policy associated with the collapse of a major Australian electrical retailer. To advise the insurer of the engineers on indemnity; liability and quantum issues on the failure of part of an infrastructure project. Appearing in a part heard case for the Plaintiff on coverage; indemnity and liability under the Public Liability Policy of a third party, arising from a catastrophic fire and complete destruction of an otherwise uninsured commercial building including damages for the loss of the building; loss of rent and other damage. Acting as mediator in numerous professional negligence cases including lawyers; doctors and engineers in which coverage, indemnity and quantum are an issue. [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications Available for Download Advocacy in International Arbitration 29/04/2016 Handbook on International Arbitration 29/04/2016 Substantive Law Similarities and Procedural Law Differences between...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Julian O’Sullivan Julian was admitted to practice as a solicitor in March 1996. He worked in the dispute resolution group of King & Wood Mallesons, one of Asia-Pacific’s leading law firms, and in the intellectual property, IT and communications group of Linklaters, a London “magic circle” firm. Julian was called to the bar in 2003. He regularly appears in a wide range of commercial disputes and is experienced in representing clients in all courts and in private arbitrations.[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Banking & Financial Services Bankruptcy & Insolvency Commercial Law Domestic Commercial Arbitration Intellectual Property International Commercial Arbitration & Mediation Professional Liability (including medical negligence and directors & officers liability) Trade Practices & Competition Transportation Law (including Aviation & Maritime Law) Wills & Probate (including Succession and Family Provision) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of Arts, University of Sydney Bachelor of Laws, University of Sydney Undertaking CIARB Diploma in International Commercial Arbitration[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Professional experience Solicitor, Linklaters, IT, IP, Communications and Media Group Solicitor, King & Wood Mallesons, Dispute Resolution Group[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership Aviation Law Association of Australia & New Zealand Banking & Financial Services Law Association Commercial Law Association of Australia Intellectual Property Society of Australia & New Zealand NSW Society for Computers & the Law Asia Pacific Forum for International Arbitration[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Aviation Onus v Telstra Corporation Ltd [2010] NSWSC 33; Onus v Telstra Corporation Ltd [2010] NSWSC 1146: Sucessfully obtained interlocutory and final injunctions, restraining Telstra from erecting a telecommunications tower in the vicinity of an airport Wylie & Ors v Tarrison Pty Ltd & Ors [2007] NSWCA 95:  Successfully defended appeal brought by purchaser against vendor of Rose Bay float plane fleet Confidential matter:  Negotiating successful claim for compensation to relatives arising out of fatal pilot training accident Corporations & Directors’ Duties Appeared for ASIC (led by Macfarlan QC JA, Durack SC & Beamount SC) in its claim against the former directors of One.Tel Ltd for $92M compensation & civil penalties, including numerous interlocutory decisions regarding evidentiary & procedural issues: ASIC v Rich [2004] NSWSC 923 ASIC v Rich & Ors [2004] NSWSC 934 ASIC v Rich & Ors [2004] NSWSC 951 ASIC v Rich & Ors [2004] NSWSC 963 ASIC v Rich & Ors [2004] NSWSC 969 ASIC v Rich [2004] NSWSC 970  ASIC v Rich [2004] NSWSC 1062: 213 ALR 338, 51 ACSR 363, [2005] ALMD 2778 ASIC v Rich [2004] NSWSC 1089 ASIC v Rich & Ors [2004] NSWSC 1090 ASIC v Rich & Ors [2004] NSWSC 1104 ASIC v Rich & Ors [2005] NSWSC 62 188 FLR 416, 220 ALR 324, 52 ACSR 374, [2005] NSWSC 62, [2005] ALMD 4014 ASIC v Rich [2005] NSWSC 149 190 FLR 242, 3 ABC(NS) 390, 53 ACSR 110, 23 ACLC 430, [2005] NSWSC 149, [2005] ALMD 4913 ASIC v Rich & Ors [2005] NSWSC 256 ASIC v Rich [2005] NSWSC 296 ASIC v Rich [2005] NSWSC 417 191 FLR 385, 216 ALR 320, 53 ACSR 752, 23 ACLC 838, [2005] NSWSC 417, [2005] ALMD 5431  Insolvency Timberland v Abercrombie [2012] NSWSC 379: Resisted application to set aside statutory demand Challenge Home Loans v Etienne Lawyers [2007] NSWSC 1145: Resisted application to set aside a statutory demand Hunter Wholesale Confectioners Pty Ltd v Sweeties Confectionery Pty Ltd [2010] NSWSC 1257: Defending a claim by a liquidator to recover an unfair preference & cross-claim for bailment & conversion of goods Priority One Home Loans & Anor v Amplitude Investments Pty Ltd & Ors [2007] NSWSC 845:  Obtained order removing receivers & managers Aztech Science Pty Ltd v Daevys [2005] FCA 1828:  Obtained leave to continue proceedings against a bankrupt IT / Telecoms Sites N Stores Pty Ltd v Whirlpool.Net.Au Pty Ltd [2015] FCA 1474:  Obtained preliminary discovery to identify the authors of actionable posts published on a product review website, publicised in: http://www.news.com.au/national/breaking-news/forum-ordered-to-hand-over-user-details/news-story/19e719e469e9af9c1578dbca12c9c817 http://y7-aap-yahoopartner.tumblr.com/post/135744537474/forum-ordered-to-hand-over-user-details http://www.9news.com.au/national/2015/12/23/12/06/online-forum-host-to-supply-details http://www.brunchnews.com/yahoo-7-news/general-news/online-forum-host-to-supply-details-aap-3961389 AS v Murray [2013] NSWSC 733:  Obtained preliminary discovery, Anton Piller & suppression orders, damages & exemplary damages for the tort of intimidation against cyber extortionist, widely publicised in: University of NSW Faculty of Law tort reading list NSW Bar Association practice update 33 www.nswbar.asn.au/circulars/2013/jun/clpu33.pdf‎ “Further perils of Online Dating” http://www.lexology.com/library/detail.aspx?g=dab4e21d-4076-4709-9ee7-c4e300e11cad “Tort of Intimidation in Internet Extortion Case” http://www.kellyco.com.au/library/TortofIntimidationininternetextortioncase.pdf “Benchmark” AR Connolly & Company website http://www.arconolly.com.au/benchmark/composite/benchmark_13-06-2013_insurance_banking_construction_government.pdf Intellectual Property Recommended by Doyle’s Guide (2010) as intellectual property counsel Qualify Me Pty Ltd v Get Qualified Australia Pty Ltd [2016] FCA 192:  Obtained order striking out substantial part of Statement of Claim alleging infringement of trademark, passing off and deceptive and misleading conduct in relation to Google Adwords Mont Adventure Equipment Pty Limited v Phoenix Leisure Group Pty Limited [2008] FCA 1476;  Mont Adventure Equipment Pty Ltd v Phoenix Lesiure Group Pty Ltd [2009] FCAFC 84, 176 FCR 575, 81 IPR 505, [2009] AIPC 92-346, [2009] FCAFC 84 [2009] ALMD 5635 (led by Stephen Burley SC):  Won appeal concerning the “grace period” for prior disclosure of patents Tramanco Pty Ltd v BPW Transpec Pty Ltd [2009] FCA 509:  Obtained quia timet interlocutory injunction to restrain infringement of a patent Fogin v Lacey [2003] FCAFC 147 (led by A Bowne SC):  Appeared for respondent in appeal concerning design infringement of the “Orgasmatron” head massager  Mining & Resources Legal counsel on retainer to Javelin Minerals Inc & Azimuth Resources Ltd (subsequently acquired by Troy Resources Ltd for $188M), advising in relation to ASX & TSX listings, mineral exploration & mining licenses, employment agreements & equipment acquisitions in Guyana Practice & Procedure Maecher Pictureproducts Pty Ltd v R E Davison Pty Ltd [2013] NSWSC 352:  Obtained order for security for costs Reeve v Aqualast Pty Ltd [2012] FCA 679:  Obtained orders for preliminary discovery Green v AMP Financial Planning Pty Ltd [2007] NSWSC 235:  Resisted application for security for costs Wily v Terra Cresta Business Solutions Pty Ltd & Ors [2006] NSWSC 949:  Excluded hearsay evidence in interlocutory proceedings where maker of statement was not sufficiently identified Trade Practices & Competition eBay:  Full time retainer to eBay for 9 months in 2008 advising in relation to competition issues arising under Pt IV of the Trade Practices Act 1974 Equity Fuentes v Bondi Beachside Pty Ltd [2016] NSWSC 531:  Obtained injunction for specific performance of contract for sale of land Josip Duic v Emil Duic [2012] NSWSC 76; Duic v Duic [2013] NSWCA 42:  Successful appeal resisting claim for equitable interest in land, reversing decision at first instance Anna Katherine Szozda & Ors v NSW Trustee & Guardian & Ors [2012] NSWSC 194:  Resisted application to extend the operation of caveats on the basis of alleged equitable interest in land Kelly v Kelly [2007] NSWSC 1076:  Resisted application for sale of land where estate was incompletely administered Constitutional Ashjal Pty Ltd -v- Elders Toepfer Grain Pty Ltd [2012] NSWSC 545;  Ashjal Pty Ltd v Alfred Toepfer International (Australia) Pty Ltd [2012] NSWSC 1306 (led by Francis Douglas QC):  Constitutional challenge to validity of Commercial Arbitration Act 2010 (NSW), widely publicised in: ThomsonReuters:  “International arbitration in Australia: 2011/2012 in review” by Albert Monichino SC & Alex Fawke http://barristers.com.au/wp-content/uploads/2013/05/International-arbitration-in-Australia-2011_2012.pdf LexisNexis Legal Newsroom http://www.lexisnexis.com/legalnewsroom/mealeys/b/newsheadlines/default.aspx?keyword=international%20law&pi25564=2 International Arbitration website http://international-arbitration-attorney.com/ashjal-pty-ltd-v-alfred-toepfer-international-australia-pty-ltd-supreme-court-of-new-south-wales-equity-division-commercial-arbitration-list-26-october-2012-a-contribution-by-the-ita-board-of/#.UlJn_iTrySo Practical Law Company “Australian Arbitration Roundup 2012/2013” http://us.practicallaw.com/7-523-8003 Technology Arbitrators & Mediators website http://www.arbitrator.com.au/doku.php?id=ashjal_v_alfred_toepfer_international_australia Kluwer Arbitration ITA Arbitration Report, Volume No. X, Issue No. 8, 22 August 2012 https://groups.google.com/forum/#!msg/visbrasil/NGp3gNeMkOg/9cF72EiWckMJ “The right to appeal an arbitral award:  Express may be best”; Clayton Utz website http://www.claytonutz.com/publications/news/201207/02/the_right_to_appeal_an_arbitral_award_express_may_be_best.page “New Commercial Arbitration Act surives Constitutional Challenge”; CBP website http://www.cbp.com.au/Publications/New-Commercial-Arbitration-Act-survives-constituti “Benchmark”; AR Connolly & Company website http://www.arconolly.com.au/benchmark/composite/benchmark_24-05-2012_insurance_banking_construction_government.pdf[/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Navid Sedaghati Possessing a wealth of knowledge and experience across a range of practice areas, Navid brings 18 years of litigation experience when advising and advocating for clients. In recognition of his expertise and the successful outcomes he has attained for his clients Navid was a finalist in the 2019 Australian Law Awards for Barrister of the year. Navid’s core areas of practice include Commercial Law, Corporations Law, Building and Construction Law, and Private International Law. His practice extends to the banking, finance, property, engineering, information technology, intellectual property, telecommunications, energy, oil, gas, mining, shipping, maritime and fast-moving consumer goods sectors. Navid also possesses particular expertise in international law and in matters where cross-jurisdictional issues arise. Such expertise extends to representing clients in international commercial arbitrations and mediations. Navid has been admitted as a Barrister in Australia and New Zealand, as a Registered Foreign Lawyer of the Singapore International Commercial Court and as a Solicitor of the Senior Courts of England and Wales. The diverse range of clients for whom he has acted include individuals and boutique companies, to some of the most recognised corporations and brands including Panasonic, Telstra, Vodafone, Optus, Burkert, KNet Technology and Blackmores. In 2018 he was part of the team that formulated the Financial Services Sector’s submissions to the Australian Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Sector, known as the Banking Royal Commission. Prior to being called to the Bar, Navid was a Partner of a law firm and General Counsel at one of Australia’s leading beverage companies. The depth and breadth of his experience in legal practice gained through successfully representing or supervising more than 4,000 legal matters has served to bolster his legal and commercial acumen, as well as his client skills. His extensive experience in litigation, compliance, corporate governance and risk allows him to take a well balanced approach to the resolution of his clients’ disputes. In this way, Navid is highly skilled in identifying and allocating risk and seeking effective solutions, and he uses this for the advantage of his clients when advising or representing them in courts and alternative dispute resolution forums. Navid’s qualifications include degrees in Law, Economics, Banking and Finance, a Master of Laws and he is currently in the final stages of completing his Doctorate. As a part time lecturer and tutor at the University of Technology Sydney he teaches civil practice, corporate law, evidence and world trade law. He is a registered mediator under the National Mediator Accreditation System (NMAS), a NSW Bar Association accredited mediator, and an accredited mediator with the Supreme and District Courts of NSW. He is a member of the Alternative Dispute Resolution Committee of the NSW Bar Association, in addition to being a member of several national and industry committees for Corporations Law, International Arbitration and Domestic Arbitration. Navid is available to represent clients in legal matters, including in arbitrations and mediations, in all Australian jurisdictions, Singapore, New Zealand, England, British Overseas Territories and upon request, may consider matters in other countries. Personal Website:  www.navidsedaghati.com.au[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Arbitrators Bankruptcy & Insolvency Building & Construction Law Commercial Law Corporations Law Equity & Trusts International Commercial Arbitration & Mediation International Law (Public & Private) Mediators [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications 2019 Doctor of Business Administration (DBA): Queensland University of Technology 2017 Oxford Advanced Management and Leadership Programme: Said Business School, University of Oxford 2017 ADC Mediator Accrediation: Australian Disputes Centre 2017 ADC Mediation Skills, Techniques and Practice Course: Australian Disputes Centre 2015 Graduate Certificate in Compliance Management: Governance Risk Compliance Institute 2011 Certificate IV in Building and Construction (Building): Master Builders Association of NSW 2007 The Chairman Course by Graham Bradley AM: Australian Institute of Company Directors 2007 Project Management: University of Sydney 2006 Company Directors Course Diploma: Australian Institute of Company Directors 2003 Master of Laws: Australian National University, Canberra 2001 Bachelor of Laws: University of Western Sydney 1999 Bachelor of Economics (Economics / Banking & Finance): University of Western Sydney 1998 Clearing House Electronic Subregister System (CHESS) Settlements: Australian Securities Exchange (ASX) and Securities Institute of Australia [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership 2017 Admitted as a Barrister in Australia 2017 Admitted as a Barrister in New Zealand 2017 Accredited Mediator of the Australian National Mediator Accreditation System (NMAS) 2016 Admitted as a Registered Foreign Lawyer of the Singapore International Commercial Court 2010 Admitted as a Solicitor of the Senior Courts of England and Wales 2010 Admitted as a Barrister and Solicitor of the High Court of New Zealand 2002 Admitted as a Solicitor and Barrister of the High Court of Australia Bar ADR accredited Mediator: New South Wales Bar Association Fellow: Financial Services Institute of Australasia Certified Compliance Professional Fellow: Governance Risk Compliance Institute Internationally Certified Compliance Professional: International Federation of Compliance Associations Member: New South Wales Bar Association Member: New Zealand Bar Association Member: Society of Construction Law Australia Member: The Commercial Law Association of Australia Member: Australian Institute of Company Directors (AICD) Member: Environment and Planning Law Association (NSW) Member: INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Blackmores Limited v H MA Enterprises Pty Ltd & Anor [2018] NSWSC 129757 Vanguard Financial Planners Pty Ltd & Anor v Ale & Ors [2018] NSWSC 314 (led by Christopher Wood) Bazaarvoice Inc v Suede One to One Pty Limited and Panasonic Australia Pty Limited [2013] District Court, 200th Judicial District Travis County, Texas USA, No D-1-GN-13-004278. Think Spirits Pty Ltd v Vish Enterprises Pty Ltd [2011] NSWLC 285082 Brandup Business Solutions Pty Ltd v Maelstrom McCarthy Pty Ltd [2009] NSWDC 5702 Burkert Contromatic Australia Pty Ltd v Nicole Salazar [2009] NSWLC 1477 Residential Property Investments Pty Ltd v Leon Moses Raaff and Denoz Cranes Pty Ltd and Dennis Brijeski [2007] NSWDC 1032 Bellmarch Developments Pty Limited v Stoneleigh Designer Homes Pty Limited and Ors [2007] FMCA 1690 Sellect Properties (Aust) Pty Ltd v Master Property Holdings Pty Limited [2007] NSWSC 2865 Nick Jamons and Anor v Bellmarch Developments Pty Limited and JRJ Plumbing Services Pty Ltd [2007] NSWCTTT HB 07/24295 Jeffrey Edward Buhler and Fiona Buhler v Bradley Scott James Turner and Kelly Marie Lee Skelly Turner and Peter John Bayssari and Baycorp (NSW) Pty Ltd and Peter Lawrence Duffy and All Building Certifiers Pty Ltd and Repel Pest Management Pty Ltd [2006] NSWDC 3870 Peek Developments Pty Limited v Medium Density Management Pty Limited [2004] NSWLC 135 Office of Fair Trading v Solar Lifestyle Pty Limited [2004] NSWCTTT B04/3988 Turrell Building Services Pty Limited and Anor v Hudson Timber & Hardware Limited [2003] NSWLC 17485 Rageaway Pty Ltd v Pike’s Plant Hire & Services [2002] NSWSC 6154 [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications, Seminars & Training Navid regularly conducts training sessions, and delivers tailored seminars and continuing legal education presentations, to lawyers and industry professionals regarding specialised legal issues and emerging legal developments, including: Corporate Litigation, Directors’ Duties and the Anticipated Change in the Behaviour of ASIC and the Other Regulators in the Wake of the Hayne Royal Commission – at the Annual Corporate Governance Summit. A discussion with Navid Sedaghati Barrister on Corporations Law Litigation and upcoming targets of prosecution by the regulators – Legalwise Seminars How to use Free Trade Agreements (FTAs), Bilateral and Regional Trade Agreements and International Law to Win Domestic Australian Commercial and Administrative Law Court Cases Using International Law, Free Trade Agreements (FTAs), Bilateral and Regional Trade Agreements to Win Court Cases for Australian Corporations in Overseas Jurisdictions Copyright Law, Defamation and Social Media – to the marketing department of corporations and communications agencies NSW Liquor Licence Obligations and Compliance – to compliance and accounting professionals Marketing Law, Advertising Code of Conduct and Liquor Promotion Guidelines – to the marketing department of corporations and communications agencies Contract Law, Dispute and Claim Prevention – to the sales force of corporations Corporate Law – to solicitors, Masters, post graduate and undergraduate law students at the University of Technology, Sydney The Law in Relation to the Admissibly of Evidence and Civil Procedure – to law students at the University of Technology, Sydney Repudiation of Contracts – to barristers and solicitors at the Off-Piste Continuing Legal Education Conference Law and Ethics – to banking, finance and securities practitioners and post graduate students for the Securities Institute of Australia [/vc_column_text][/vc_column][/vc_row]...