A preliminary assessment by Dr Christopher Ward SC discussing international legal issues surrounding the global health response and the developing crisis at sea as well as issues of international trade, international aviation and freedom of movement restrictions, and human rights implications.
Please click here to read further.
In Glenfyne International Holding Limited v Glenfyne Farms International AU Pty Ltd (in liq) [2019] NSWCA 304, the New South Wales Court of Appeal set aside orders of the primary judge and ordered that a proposed resolution to appoint alternative liquidators be taken to have been passed pursuant to 75-43 of the Insolvency Practice Schedule. David Rayment appeared for the appellants.
From the NSW Court of Appeal:
CORPORATIONS – Insolvency – second meeting of creditors resolves to place company into liquidation – substantial creditors’ motion for appointment of liquidator fails – former administrator as person presiding at meeting exercises casting vote against resolution – proper characterisation of resolution – whether or not resolution to appoint liquidator was a resolution to remove an external administrator within the meaning of s 75-115 of Insolvency Practice Rules – whether Court should have ordered that proposed resolution to appoint liquidators should have been taken to have been passed at meeting within meaning of s 75-43(4)(a) of the Insolvency Practice Schedule – relevant considerations.
This Saturday, 30 November 2019, David Rayment will be competing in the Head of the Yarra rowing regatta in Melbourne in a coxed eight. He and a number of members in his crew from Leichhardt Rowing Club are using this event to raise funds for the Sydney based Women's and Girls' Emergency Centre (WAGEC).
WAGEC is a non-government, not-for-profit charitable organisation that delivers a range of crisis and early intervention accommodation and support services to women, children and young people, and families who are experiencing or at risk of homelessness and/or domestic and family violence. More details on what the Centre does can be found here.
The crew has now raised over $13,000 prompting the CEO of WAGEC to post this video.
To donate please visit David’s “Every Day Hero” page for this event.
Every Day Hero takes a percentage of every donation. If you wish to avoid that from happening, you can always donate to the charity directly by going to the WAGEC webpage.
Donations of any amount are welcome, and all donations over $2 are tax deductible.
Please spread the word by clicking the “share” button below with anyone you think might be willing to support the centre.
The Head of the Yarra is a gruelling 8km time-trial regatta for coxed eights. The course winds from within the heart of Melbourne to the Hawthorn Rowing Club navigating through 11 bridges and some serious hairpin turns. Current entries suggest approximately 2,500 athletes are participating. More information on the event can be found here.
The 8km regatta course is below.
Robert Angyal SC has been invited by the NSW Bar Association to present at the 2020 CPD Regional Conference Series. Robert will be presenting at Ballina on 29 February 2020 and Sydney on 21 March 2020, both presentations will be on mediation Advocacy. Robert has been listed in Who’s Who Legal 2019 Australia as one of 23 exceptional mediators and ranked in Doyles Guide as one of NSW’s 2019 leading mediators.
Please click here for further information about the 2020 CPD Regional Conferences Series.
Doyle’s Guide has listed Robert Angyal SC as one of New South Wales’ leading mediators.
Robert Angyal has been mediating since 1991. He has a vast experience in mediating commercial disputes of all types, including partnership disputes, Insurance claims, lessor-lessee disputes, intellectual property claims, banking disputes, trade practices claims and professional negligence actions.
Michelle McMahon and Dr James Stellios both appeared in the landmark decision from the High Court of Australia, which has attracted global media attention. Articles can be found below.
6 St James Hall Senior Counsel Dr Christopher Ward SC has worked for some years for Australian Yoshe Taylor. Ms Taylor was sentenced by a Cambodian Court to 23 years imprisonment on drug trafficking charges arising from a complex scam. After a successful appeal in 2018 to Cambodia’s highest Court, Ms Taylor was finally acquitted of all charges on her re-trial in April 2019. After serving 6 years of that sentence in extremely difficult conditions, Ms Taylor returned today to Australia. Dr Ward thanks all of the members of the legal team, and particularly Alex Wilson of Lethbridges Solicitors, and Cambodian Counsel Mr So Mosseny. Dr Ward and Ms Wilson worked on the matter pro bono.
Further details can be found in the Sydney Morning Herald and the ABC News.
Congratulations to Jennifer Mee, Barrister of 6 St James Hall Chambers who has been selected for inclusion in the 12th Edition on The Best Lawyers in Australia for her work in Energy Law.
Dr Christopher Ward SC represents Palmer Leisure Coolum Pty Ltd in a matter about an alleged abuse of process leading to a stay of proceedings that are brought against the company and Mr Clive Palmer based upon the takeovers provisions under the Corporations Act.
The matter is mentioned in the Brisbane Times.
Ian Neil SC and Michael Seck have been ranked in the Chambers and Partners Employment Bar 2019 throughout Australia and Asia-Pacific.
Ian Neil advises and appears for leading law firms throughout Australia for clients in mining and resources, building and construction, banking and finance, industry, and government. A focus of Ian’s practice is employment and industrial law.
Michael Seck advises and appears for major Australian employers in the public and private sector, workplace regulators, employer/industry associations, senior executives and trade unions.
Dr Christopher Ward SC represented lawyer Bernard Collaery for the second appearance of the Witness K case on Wednesday, 7 November before the ACT Magistrates Court.
Proceedings centred around the possibility of holding the trial in a closed court.
More details can be found in articles from the Washington Post, The Canberra Times and The Australian.
Michelle McMahon and Madeleine Bridgett will be presenting at the Legalwise Seminar - Family Law Conference on 22 Nov 2018.
Michelle McMahon is presenting on emerging family law issues in the LGBTIQ community and Madeleine Bridgett will be presenting on substance abuse in parenting matters.
Please click here for more information on the conference and how to register.
The NSW State Coroner delivered findings into the Inquest of the death of Melissa Standen on 25 September 2018. Madeleine Bridgett represented Mr Bruce Standen, Melissa’s father. The Coroner found that the manner of death was a fall from a bed at Allowah Hospital due to failures to implement proper systems for risk assessment, bed selection and the training of staff for a child patient with profound disabilities.
The Coroner found that the following factors contributed to Melissa falling from the bed and her subsequent death: failure by the hospital to develop and implement an appropriate risk assessment and admission procedure; failure to implement a proper risk assessment to manage Melissa’s change from a cot to a bed; the selection and use of a bed totally unsuited to the needs of Melissa; failure to properly adapt the bed selected to reduce risk given Melissa’s special needs and the inappropriate use of bumpers as a fall prevention device; failure to ensure important clinical information was retained regarding the adaption of the bed to ensure staff were fully informed of the specific needs of Melissa whilst a patient at the facility; inadequate training of staff and the lack of a proper process to respond to concerns by staff; the lack of involvement by the hospital of occupational therapists in the selection and use of appropriate beds for children with profound disabilities; and poor management practices relating to the development of internal policies and the training of staff regarding the admission and assessment of patients.
The Coroner also made recommendations to the Minister of Health to establish a group of appropriately qualified experts, in consultation with organisations that represent or care for children with physical and neurological disabilities, to develop a standard, guideline or other type of publication, which is directed to improving the safety of beds used by children with physical and/or neurological disabilities.
You can read the findings here and related media article here.
KJ Young has won a costs application for the Dental Board of Australia (the Board) in respect of an application by a dentist for specialist accreditation in Australia as an orthodontist. Dr Gustavo Vivaldi practised as an orthodontist in Brazil for over a decade before migrating to Australia in 2013. In 2003, he completed a Master’s degree in Orthodontics at the Associação Maringaense de Odontologia, a tertiary institution in Brazil. Since July 2015, he has held registration as a dental practitioner in Australia. In July 2016, Dr Vivaldi applied to the Board for specialist registration in the field of Orthodontics. The Board refused to grant that application. In September 2017, Dr Vivaldi exercised his right to appeal that decision to the NSW Civil and Administrative Tribunal (NCAT).
The appeal was listed for hearing before NCAT on 11 and 12 July 2018. On 6 July 2018, Dr Vivaldi informed the Tribunal of his decision to withdraw the appeal and proposed that each party should bear their own costs. The Board refused and asserted that Dr Vivaldi is liable for its costs of the appeal. Being unable to reach agreement, the parties requested that the Tribunal determine the issue of costs. The Tribunal decided to order that Dr Vivaldi pay 60% of the Board’s costs to 28 June 2018 and all of its costs thereafter.
Litigants or potential applicants need to be mindful that in NSW, when they apply for administrative review of a registration decision made by the regulator or national boards under the Health Practitioner Regulation National Law (NSW) (the National Law), the usual costs rules apply and not the ‘special circumstances’ costs rule under clause 60 of the Civil and Administrative Tribunal Act 2013 (NSW). In exercising the power conferred by the National Law to award costs, the general rule is that costs follow the event: clause 13 of Schedule 5D of the National Law; Health Care Complaints Commission v Philipiah [2013] NSWCA 342 at [42]; Qasim v Health Care Complaints Commission [2015] NSWCA 282 at [85]; Health Care Complaints Commission v Do [2014] NSWCA 307 at [51].
Despite effectively ‘surrendering' the entirety of his case in the lead up to the hearing, Dr Vivaldi refused to agree to pay any costs which had been incurred by the Board in preparing for the hearing of his application. An offer of 60% of its costs was made by the Board in the lead up to the final hearing which was rejected outright by Dr Vivaldi on the basis that his case involved matters of public interest such that the costs discretion should be exercised in his favour. The Tribunal found that Dr Vivaldi should have accepted the offer that had been made by the Board and ordered him to pay the Board’s costs as agreed or assessed. It appears being the model litigant and making early and appropriate offers sometimes pays off for government agencies.
Click here to view reasons of decision.
The members of 6 St James Hall Chambers are delighted to announce that leading Sydney silk Ian Neil SC has joined the Floor from 1 September 2018. A silk since 2006, Ian has a wide appellate, commercial, inquiries and equity practice, with a particular specialty in employment and industrial law.
Ian’s modern and collaborative approach to advocacy and his national practice complement the existing commercial, industrial and international strengths of 6 St James Hall. Ian joins the existing international practice group of Chambers and will continue to conduct mediations and arbitrations in Australia, Hong Kong, and in the London Beth Din.
Ian will continue to practice from the new 6 St James Hall Annex in the Art Deco Trust Building.
For all inquiries please contact head of chambers, Dr Christopher Ward SC (cward@stjames.net.au), clerk to Ian Neil SC, Sharon Verhagen chambers@ianneil.com or Chambers Practice Manager Nora Faulua
Dr Christopher Ward SC is a member of the legal team instructed by Gilbert & Tobin to represent lawyer Bernard Collaery, facing serious charges under national security legislation before the ACT Courts.
The case appeared on Ten Eyewitness News Sydney, and was covered by The Guardian as well as The Canberra Times.
Counsel, Madeleine Bridgett discusses the serious human rights concerns of Real Bodies - The Exhibition and organ trafficking on FBI Radio.
To listen to the interview, please click on the recording below.
On Thursday, 23rd August 2018, Robert Angyal was requested by ten daily news to write an opinion piece on whether Peter Dutton would be disqualified from Parliament. The piece needed to be completed by early Friday, well before the spill vote, and was delivered to ten daily at 5am that day. Ten daily "splashed" the piece, running it as a headline story.
The Solicitor-General of Australia issued his urgent advice on the Dutton disqualification issue at about the same time. Robert's piece (written for lay readers) reached conclusions very similar to this.
Click here to read the full article.
6 St James Hall Chambers is delighted to announce that senior counsel Dr Christopher Ward SC was last week, elected to position of global President of the International Law Association. The ILA, which has almost 5,000 members world-wide, works to develop and publicise rules of private and public international law. Dr Ward’s extensive work over many decades in both fields of international law and related commercial law will ensure that the Association’s work is strengthened during his 2 year term. The ILA last week, successfully gathered from around the world in Sydney for the 78th Biennial Conference, hosted by Dr Ward and the Australian Branch of the ILA. The Conference was addressed by dignitaries including the Right Honorable Lord Mance, Chief Justice Kiefel, Chief Justice Allsop, Chief Justice Bathurst, the Hon Mark Speakman and Chief Justice Pascoe as well as other Australian and foreign judges, counsel and arbitrators. The Conference was greatly assisted by 6 St James Hall Barrister Ms Madeleine Bridgett.
Senior Counsel at 6 St James’ Hall Dr Christopher Ward SC last week secured for his client Dr Benoy Berry a verdict of $64,800,000 in a long-running commercial fraud case brought against former Reserve Bank company Securency (now known as CCL Secure). Dr Ward appeared with experienced junior counsel Mr Phillip Santucci and was instructed by leading boutique firm Marque Lawyers. The verdict follows the earlier judgment on the merits in December 2017 and demonstrates the risks to corporate entities when engaging in fraudulent conduct to achieve commercial goals. The merits judgment is found here. The case is discussed here.
Liability limited by a scheme approved under Professional Standards Legislation.
