Qualifications

Bachelor of Arts, Australian National University

Bachelor of Laws, Australian National University

Graduate Diploma in Legal Practice, Australian National University

Professional experience

Tom conducts a commercial and regulatory practice with particular focus on equity, administrative law, competition and consumer law, constitutional law, insurance law, employment law and private international law. He has practised at the Bar since 2006 and possesses a wealth of prior legal knowledge and experience as a solicitor – both in house and as partner of a national law firm.

Regularly appearing as lead Counsel and with prominent Senior Counsel in high profile cases, Tom accepts briefs from solicitors in law firms and in-house legal counsel, providing high-end strategic and legal advice and representation. He is commended by his clients for his detailed knowledge, breadth of experience and attention to detail. He is also highly valued for his creative and strategic abilities, as well as his preparedness to run difficult cases.

The matters in which he regularly appears and advises include civil aviation (regulatory, commercial, insurance and civil liability), competition and consumer law, the law governing intelligence and security agencies and operations, public access to government information, employment disputes and anti-suit injunctions. Many of the disputes in which he appears contain a cross-jurisdictional element. He also maintains a pro bono practice.

Tom appears, led and unled, at trial and appellate level in a diverse range of Federal and State jurisdictions including the High Court of Australia, Full Court of the Federal Court of Australia, Federal Court of Australia, New South Wales Court of Appeal and the New South Wales Supreme Court. He also appears in tribunals, such as the Administrative Appeals Tribunal. While he appears primarily in New South Wales, Tom also appears in interstate Courts. Tom often represents his clients in mediations, where he seeks to achieve the most cost effective and efficient outcome for his clients.

Tom’s unique practice is characterised by his specialisations, such as aviation law and government regulatory matters. The scope of his practice and complementary practice areas assists in integrating different legal disciplines to achieve favourable commercial outcomes for his clients.

Prior to being called to the Bar, Tom acquired considerable experience as a senior executive in the Federal Government, as a public company director. Previously, and as a Partner in a national law firm, Corrs Chambers Westgarth. Tom is the current Chair of 13 Wentworth Chambers and holds a Bachelor of Laws and Bachelor of Arts from the Australian National University.

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

Selected Cases

Administrative Law

Hocking v Director-General, National Archives of Australia [2020] HCA 19; [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.

Commonwealth of Australia v Helicopter Resources Pty Ltd [2020] HCA 16; [2019] FCAFC 25; 264 FCR 174; [2018] FCA 595; [2018] FCA 991; 163 ALD 250 – 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

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

FUD18 v Minister for Home Affairs [2020] FCA 48 –interpretation of legislation – character test under the Migration Act – inferences available reasonably to be drawn “from” Interpol Red Notice – appeared for Applicant seeking writ of prohibition.

BSX15 v Minister of Immigration & Border Protection [2017] FCAFC 104; 249 FCR 1; [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

Pezzimenti v Rotary International (2019) 290 IR 219; [2020] FCCA 95 – appeared for Mr Pezzimenti obtaining compensation and penalties for his unlawful dismissal as Chief Executive of Rotary in Australia

Tran v Kodari Securities Pty Ltd [2019] FCA 968 – appeared for the employer on a claim for compensation and penalties for dismissal of senior employee.

Isaac v Dargan Financial Pty Ltd [2018] NSWCA 163; 98 NSWLR 343 – 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, 92 NSWLR 639 – appeared for senior banking executive 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; 97 NSWLR 306 – 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 [2017] HCATrans 57; [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;  93 ALJR 212; [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; 93 ALJR 607; [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] HCATrans 188; [2019] QCA 77; 367 ALR 171 – 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; 262 CLR 207; [2016] FCAFC 42, (2016) 244 FCR 190; [2014] FCA 1157; (2014) ATPR 42-490; [2019] FCA 786; 370 ALR 637 – appeared for Garuda in air cargo cartel proceedings

Phoenix Institute of Australia v Australian Competition and Consumer Commission [2017] FCAFC 155; [2016]  FCA 190 – acted 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

Telephone

(02) 9238 0047

Fax

(02) 8028 6050

Called to the Bar

2006