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Kaldas v Barbour

[2017] NSWCA 275, (2017) 350 ALR 292 view link
Administrative and constitutional
NSW Court of Appeal
Separate questions arising in an application by Mr Kaldas, former Deputy Commissioner of NSW Police, for judicial review of a report of the NSW Ombudsman. Raised issues of administrative law (scope of judicial review of the report in light of ss 35 and 35A of the Ombudsman Act 1974) and constitutional law (validity of those provisions if they preclude review)

Spencer v Commonwealth of Australia

[2018] FCAFC 17, (2018) 353 ALR 682 view link
Administrative and constitutional
Federal Court of Australia
Constitutional law. State laws restricting native vegetation clearance did not effect an acquisition of property within the meaning of s 51(xxxi) of the Constitution. Certain federal laws, intergovernmental agreements and related conduct did not amount to joint action of the Commonwealth and NSW State governments by which the appellant's property had been acquired. The Full Court also affirmed the rejection of claims for unjust enrichment and for damages for an action on the case.

Malek Fahd Islamic School v Minister for Education and Training

[2018] FCAFC 37, (2018) 260 FCR 212 view link
Administrative and constitutional
Federal Court of Australia
Appeal from a decision of the AAT confirming that a school was conducted for profit and was ineligible for Federal funding under the Australian Education Act 2013.

Australian Coal Alliance v Wyong Coal

[2019] NSWLEC 31 view link
Administrative and constitutional
Land and Environment Court
Judicial review of development consent issued by the NSW Planning Assessment Commission for the Wallarah 2 Coal Project. Grounds included alleged failure to consider downstream greenhouse gas emissions and ecologically sustainable development.

BK, CO and DE and their families complaints against the Commonwealth

[2018] AusHRC 128 view link
Administrative and constitutional
Other courts and tribunals
Report into the practice of the Australian Government of sending to Nauru families with young children who arrived in Australia seeking asylum. Investigation and report under the Australian Human Rights Commission Act 1986 as the delegate of the President of the AHRC. Report completed December 2018 and tabled in Parliament September 2019.

ASIC v Hellicar; Shafron v ASIC (James Hardie case)

(2012) 247 CLR 347 and (2012) 247 CLR 465 view link view link
Commercial law
High Court of Australia
Senior counsel (with Bret Walker SC) for Mr P Shafron at trial in the NSW Supreme Court, and on appeal to the NSW Court of Appeal and the High Court of Australia, in civil penalty proceedings brought by ASIC against the directors and officers of James Hardie for contraventions of s 180 of the Corporations Act 2001. Trial and NSWCA appeal reported in (2011) 83 ACSR 620; (2010) 81 ACSR 85; (2009) 256 ALR 199.

HIH Royal Commission

Dec 2001, Feb to Jul 2002, Sep to Dec 2002, Jan 2003
Commercial law
Other courts and tribunals
Counsel for Arthur Andersen, instructed by Baker & McKenzie. The Royal Commission sat for more than 200 days and took oral evidence from 128 witnesses. The issues included the effect of, and proper accounting for, a number of reinsurance arrangements; the adequacy of numerous aspects of the audits of FAI and HIH over a number of years; and the general management and corporate governance practices of HIH.

Pavlovic v Universal Music Australia

(2015) 90 NSWLR 605, [2015] NSWCA 313 view link
Commercial law
NSW Court of Appeal
Contracts - whether binding agreement in existence from solicitors' email exchanges. Agency - whether solicitors had actual authority or ostensible authority to bind client to a contract for settlement of dispute.

Attwells v Jackson Lalic Lawyers

(2016) 259 CLR 1, (2016) 331 ALR 1, [2016] HCA 16 view link
Commercial law
High Court of Australia
Appeared for the Law Society of New South Wales, intervening in an appeal concerning the scope of an advocate's immunity from suit for conduct of a case in court, in particular for advice in respect of consent orders effecting the settlement of the proceedings.

Wigmans v AMP Limited

[2019] NSWSC 603 view link
Commercial law
NSW Supreme Court
Representative proceedings in NSW Supreme Court. Multiplicity of proceedings - whether commencement of subsequent proceedings an abuse of process - application of case management principles - consideration of relevant factors to determine what is in best interest overall of group members

Optus Mobile v Telstra Corporation

[2018] FCA 745 view link
Competition and consumer law
Federal Court of Australia
Federal Court found contravention by Telstra of the Australian Consumer Law in respect of the "Unlimited" advertising campaign for Telstra's mobile network. Appeared for Optus Mobile, instructed by Clayton Utz.

Unilever Australia v Beiersdorf Australia

[2018] FCA 2076 view link
Competition and consumer law
Federal Court of Australia
Claims under the Australian Consumer Law in respect of representations about the efficacy of antiperspirant deodorants. Appeared for the respondent, instructed by Allens.

Merrick v R

[2017] NSWCCA 264 view link
Criminal law
NSW Court of Criminal Appeal
Appeared for the Crown - Appeal against conviction for offence of manslaughter by unlawful and dangerous act - Appeal against sentence on multiple grounds including no discount for conditional offer to plead guilty

Herron v HarperCollins Publishers Australia

[2018] FCA 1495 view link
Defamation
Federal Court of Australia
Publisher brought application for summary dismissal of claims for defamation commenced by the applicants, who were formerly doctors practising at Chelmsford Private Hospital, in respect of a chapter of the book "Fair Game" by Steve Cannane. Appeared for applicants instructed by Kennedys.

Warkworth Mining v Bulga Milbrodale Progress Association

(2014) 86 NSWLR 527, [2014] NSWCA 105 view link
Environmental, local government and planning
NSW Court of Appeal
Appeal from decision refusing development application for major infrastructure project under Part 3A of the Environmental Planning and Assessment Act 1979 to extend the Warkworth coal mine in the Hunter Valley, on grounds including relevant and irrelevant considerations, and denial of procedural fairness. Senior counsel for the Minister for Planning, the second respondent and cross-appellant.

Community Housing Limited v Clarence Valley Council

(2015) 90 NSWLR 292, [2015] NSWCA 327 view link
Environmental, local government and planning
NSW Court of Appeal
Charitable trusts - whether providing housing for low income persons is charitable - whether providing vocational training is charitable. Local government - whether land owner was a public charity and exempt from rates. Courts - whether the supervisory jurisdiction of the LEC was impliedly excluded by a specific right of appeal.

4nature Inc v Centennial Springvale

[2017] NSWCA 191, (2017) 224 LGERA 301 view link view link
Environmental, local government and planning
NSW Court of Appeal
Appeared for the appellant, instructed by EDO NSW, in challenge to validity of State significant development consent for proposed extension of Springvale Mine - application of clause 10 of Sydney Drinking Water Catchment SEPP 2011 - consent authority must be satisfied the development will have a neutral or beneficial effect on water quality - decision of Planning Assessment Commission invalid

Roads and Maritime Services v United Petroleum

[2019] NSWCA 41 view link
Environmental, local government and planning
NSW Court of Appeal
Land law - compensation for compulsory acquisition of an interest in land terminable on one month’s notice - claim for loss attributable to disturbance - termination of business - claim for loss of ongoing profits of business - claim for additional rental paid to acquiring authority for period between compulsory acquisition and vacant possession.

Muswellbrook Shire Council v Hunter Valley Energy Coal

[2019] NSWCA 216 view link
Environmental, local government and planning
NSW Court of Appeal
Administrative law - claim for judicial review of decision of Secretary of Department of Planning in respect of rehabilitation plan for Mt Arthur coal mine - “jurisdictional facts” - whether conditions of project approval specified objective criteria, satisfaction of which was a precondition to the exercise of the decision-maker’s powers - unreasonableness - whether decision-maker’s satisfaction with a mining strategy was legally unreasonable

Alexandria Landfill v Roads and Maritime Services

[2019] NSWLEC 98 view link
Environmental, local government and planning
Land and Environment Court
Determination of compensation for the compulsory acquisition of land at St Peters, Sydney for the purposes of the WestConnex road project. Site used for landfilling and waste operations. Claim made for over $500 million based on claims for market value of hypothetical development concepts, valued by discounted cash flow methodology; claims for loss attributable to disturbance under s 59, including loss of future profits; and a claim for special value. Court determined compensation in the amount of $50 million.

Macedonian Orthodox Community Church St Petka Inc

(2008) 237 CLR 66 view link
Equity, charities and trusts
High Court of Australia
Trustees - judicial advice - charitable trusts. Lead counsel for the State of NSW in the High Court of Australia.

The Estate of Nicholas Paul Enright

[2017] NSWSC 1646 view link
Equity, charities and trusts
NSW Supreme Court
Determination of separate questions concerning the construction of the Will of the playwright Nick Enright and the appointment of David Marr as "Literary Executor" of the copyright and other intellectual property in his work. Appeared for Mr Marr.

EMI Songs Australia v Larrikin Music Publishing (Kookaburra case)

[2011] HCATrans 284; (2011) 191 FCR 444; (2010) 188 FCR 321; (2010) 263 ALR 155 view link
Intellectual property
High Court of Australia
Senior counsel for the applicant at trial, on appeal to the Federal Court and for the respondent in an application for special leave to appeal to the High Court. Claim under the Copyright Act 1968 and Trade Practices Act 1974 in respect of the reproduction of a substantial part of "Kookaburra sits in the old gum tree" in the song "Down Under" by Men at Work.

Roadshow Films v iiNet

(2012) 248 CLR 42 view link
Intellectual property
High Court of Australia
Senior counsel for iiNet (with R Cobden SC) at trial and on appeal. Claims under the Copyright Act 1968 that iiNet authorized its subscribers or users to infringe copyright by downloading movies using BitTorrent. The primary decisions in the Federal Court are [2011] FCAFC 23, (2011) 194 FCR 285 and [2010] FCA 24, (2010) 263 ALR 215.

Apple Inc v Samsung Electronics Co

(hearing in 2013 over 55 days; international settlement of claims in Aug 2014)
Intellectual property
Federal Court of Australia
Senior counsel for Samsung in defence of Apple's claims of patent infringement in respect of 11 Samsung devices, involving 19 standard and innovation patents for mobile phone user interface features and touchscreen technology. Samsung cross-claimed for invalidity of each of the patents. Heard by Bennett J and Yates J sitting together. Separate proceedings commenced by Samsung sought judicial review of decisions of the Commissioner of Patents. Apple and Samsung discontinued their respective claims as part of the August 2014 international settlement of existing proceedings.

Dallas Buyers Club LLC v iiNet

[2015] FCA 1437, 838, 422 and 317; (2015) 112 IPR 1, 114 IPR 297, 115 IPR 544 view link view link view link
Intellectual property
Federal Court of Australia
Appeared for the respondent ISPs in a series of applications brought against six internet service providers for preliminary discovery of information about account holders for the purposes of a potential claim against individuals alleged to have used the connection provided by the ISPs to infringe copyright in the film "Dallas Buyers Club"

Roadshow Films v Telstra Corporation (site blocking - film and tv)

(2016) 248 FCR 178, (2016) 122 IPR 81, [2016] FCA 1503 view link
Intellectual property
Federal Court of Australia
Appeared for the owners of copyright in films and tv series (Roadshow, US movie studios and Foxtel) in proceedings for site blocking orders under section 115A of the Copyright Act 1968.

Sigma Pharmaceuticals and Alphahparm v Wyeth Australia

[2018] FCA 1556, (2018) 136 IPR 8 view link
Intellectual property
Federal Court of Australia
Patents - enforcement of undertakings as to damages after interlocutory injunctions wrongly granted - assessment of loss of opportunity for generic pharmaceutical suppliers to sell venlafaxine anti-depressant on the PBS and the private market. Appeared for Alphapharm instructed by King & Wood Mallesons.

Application by Copyright Agency Limited

[2018] ACopyT 3, ongoing view link
Intellectual property
CTH tribunals
Application by Copyright Agency Limited under s 183A of the Copyright Act 1968 (Cth) against the State of New South Wales for equitable remuneration of authors for the State's use of copyright material under s 183. Appear for CAL instructed by Banki Haddock Fiora

Phonographic Performance Company of Australia v Copyright Tribunal of Australia

[2019] FCAFC 95 view link
Intellectual property
Federal Court of Australia
Application for judicial review of a decision of the Copyright Tribunal that made an order for a copyright licensing scheme under Part VI of the Copyright Act for the subscription television industry. Appeared for Foxtel Management.

Merck KGaA v Merck Sharp Dohme Corp

[2019] FCA 1084 view link
Intellectual property
Federal Court of Australia
Preliminary question as to whether the respondents are precluded, by issue estoppel or the principles of abuse of process, from denying that the proper law of an agreement is German law. Claim for damages for breach of contract and trade mark infringement.

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