6 St James Hall Chambers would like to welcome Richard Reynolds. With over a decade of experience at the Bar of England and Wales, Richard specialises in Migration Law, Human Rights and Public International Law, as well as Administrative and Public Law, Environmental Law and Inquests.
Welcome Richard Reynolds!
6 St James Hall would like to congratulate Madeleine Bridgett on her recent appointment by the Attorney General as Counsel Assisting for the Royal Commission into Defence and Veteran Suicide.
The Royal Commission into Defence and Veteran Suicide was established in July of this year to inquire into a number of matters including systemic issues and any common themes among defence and veteran deaths by suicide, or defence members and veterans who have other lived experience of suicide behaviour or risk factors.
The terms of reference can be found here:
6 St James Hall Counsel Madeleine Bridgett will be moderating this Australian Lawyers Human Rights webinar event with three of Australia's leading human rights advocates The Hon Michael Kirby AC CMG, Kate Eastman AM SC and Julian Burnside AO QC sharing experiences of their journey as human rights advocates.
The webinar will be held on 2 September 6:00 PM.
For further information and how to register, please click here.
Ian Neil SC of 6 St James Hall Chambers will be co-presenting a second webinar with David Chin SC of 5 Wentworth and Christopher Parkin of 5 Wentworth on WorkPac v Rossato: the potential implications. The webinar will be chaired by Sally Moten, Partner, Workplace Relations & Safety, Lander & Rogers and hosted by The Commercial Law Association of Australia on 26 August 2021 from 5:00pm to 6:00pm.
Please click here to register.
6 St James Hall Counsel, David Rayment with Andrew Smorchevsky defend Strathfield Golf Club in a 4-day trial against Jabbcorp (NSW) Pty Ltd. The case centred around whether additional money was owed to Jabbcorp beyond the contract sum for certain variations completed. In a matter of construction, the primary and appeal judges of the NSW Supreme court found the variations did not constitute ‘excluded works’ under the contract. This meant the price of the variations would be included in the contract price and not owed as an additional payment to Jabbcorp.
Reasons for the decision can be found here.
A contract for the sale of land in Sydney required the purchaser to pay the deposit in two instalments, the first on exchange and the second “on the 4th month after the contract date”. The purchaser paid the first instalment on time but the second a few days late. The vendor’s subsequent attempt to terminate the contract for breach was met by a specific performance claim by the purchaser. 6 St James Hall Counsel, David Rayment with Andrew Smorchevsky represented the vendor in the appeal. The NSW Supreme Court upheld the decision of the primary judge and found in favour of the respondent vendors, positing the purchaser’s payment was to be considered late under the contract and allowed for termination.
Reasons for the decision can be found here.
On 9 August 2021 the Intergovernmental Panel on Climate Change (IPCC), the United Nations body responsible for assessing the science related to climate change, published its Sixth Assessment Report (AR6), Climate Change 2021: The Physical Science Basis.
The report provides new estimates of the current state of the climate, how it is changing, and the role of human influence. These new estimates have been made possible by bringing together the latest advances in climate science, including “new climate model simulations, new analyses, and methods combining multiple lines of evidence” leading to the “improved understanding of human influence on a wider range of climate variables, including weather and climate extremes.”[1]
Global warming remains an issue. The report finds that “unless there are immediate, rapid and large-scale reductions in greenhouse gas emissions, limiting warming to close to 1.5°C or even 2°C will be beyond reach”.[2] Whilst global warming remains one of the greatest challenges brought about by climate change, there are others of concern, including the intensifying of water cycles bringing about more floods and droughts, the rising sea levels in coastal areas, the amplification of permafrost thawing and the loss of seasonal snow cover, and changes to the ocean affecting both the ocean ecosystems and humans who rely on them.
Addressing the drivers of climate change, the report has found that Greenhouse Gases (GHGs) are very likely the main driver of “tropospheric warming since 1979”, and it is “extremely likely that human-caused stratospheric ozone depletion was the main driver of cooling of the lower stratosphere between 1979 and the mid-1990s” due to increased aerosol concentrations.[3] The scale of recent changes is most concerning with atmospheric CO2 concentrations higher than at any time in at least 2 million years, global surface temperature having increased faster since 1970 than in any other 50-year period over at least the last 2000 years, the annual average Arctic sea ice area reaching its lowest level since at least 1850, and global mean sea level having risen faster since 1900 than over any preceding century in at least the last 3000 years.[4]
Concluding that “human influence has warmed the climate at a rate that is unprecedented in at least the last 2000 years”, this report provides an important and much needed contribution to the evidence and science on climate change. The report affirms the IPCC’s Fifth Assessment Report finding that “there is a near-linear relationship between cumulative anthropogenic CO2 emissions and the global warming they cause. Each 1000 GtCO2 of cumulative CO2 emissions is assessed to likely cause a 0.27°C to 0.63°C increase in global surface temperature with a best estimate of 0.45°C.”[5] However, reducing CO2 emissions alone is not enough to reduce the negative impacts of climate change. Combined efforts of targeted reductions of air pollutant emissions as well as GHGs emissions are likely to produce greater benefits including air quality improvements and a reduction in global warming, which in turn will have positive effects on both the climate and on health. For this to happen, there is much to be done.
As Valérie Masson-Delmotte, the IPCC Working Group I Co-Chair, states:
This report is a reality check. We now have a much clearer picture of the past, present and future climate, which is essential for understanding where we are headed, what can be done, and how we can prepare.
The full report can be found here.
[1] IPCC, Sixth Assessment Report, Climate Change 2021: The Physical Science Basis, SPM-5, viewed on 10 August 2021, https://www.ipcc.ch/report/ar6/wg1/downloads/report/IPCC_AR6_WGI_Full_Report.pdf
[2] https://www.ipcc.ch/2021/08/09/ar6-wg1-20210809-pr/
[3] Ibid, SPM-6.
[4] Ibid, SPM-9.
[5] Ibid, SPM-36.
The interesting aspect of the High Court’s reasoning is the insistence on the primacy of binding contractual promises as an indicator of the character of the employment, rather than unenforceable expectations or understandings, or the parties’ wider relationship. The absence of enforceable promises of continuing employment indicated casual employment. This is an important statement of the law and the judicial function.
Brett Walker SC, Ian Neil SC, David Chin SC and Christopher Parkin represented the appellant.
Reasons for the decision can be found here.
CONTRACT – construction – design and construct contract – contractor claimed additional payment for works required pursuant to development consent – whether works were “Excluded Works” – significance of definition commencing “Notwithstanding any other clause” – significance of grammatical meaning of clause – clause required to be read as a whole, harmoniously with other provisions in contract.
David Rayment and Andrew Smorchevsky represented the Respondent.
Reasons for the decision can be found here.
The Law Institute of Victoria will be hosting a webinar on COVID-19 Vaccinations: Managing Workplace Risks. With the phased rollout of COVID-19 vaccinations underway, business leaders and employees alike are turning their minds to what this means for them and their workplace. As the vaccine becomes widely available across age groups and workplaces seek to manage their risk and their employees’ exposure to COVID-19, multi-dimensional issues arise requiring a balanced consideration of the health and safety duties of employers and the rights of employees.
Ian Neil SC will be presenting in this webinar, along with Zana Bytheway - Executive Director of Jobwatch, Kate Sheridan - Principal Director of Sheridan Legal and Omro Alansari - Group Legal Counsel of ACE Contractors Group Pty Ltd.
The session will offer an interactive Q&A opportunity focusing on the most topical and complex questions in this area, including the issue of mandatory vaccinations.
Please click here to register for the session and/or forward this event within your network of practitioners who may like to attend.
The President of the NSW Bar Association, Michael McHugh SC has announced the appointment of Bar Association committees for 2021-22.
This year the Bar Council has approved the creation of two new committees, the International Committee and the Succession and Elder Law Committee. The new committees formally come into effect on Monday, 12 July 2021.
Congratulations to the following members on their committee appointments.
Tim Castle SC – Wellbeing Committee
David Rayment – Professional Conduct Committee #4
Lisa Doust – Professional Conduct Committee #4
Michael Seck – Industrial Employment Health and Safety Committee
Alexander Flecknoe-Brown – Practice Development Committee
Kirralee Young – Succession & Elder Law Committee
Dr Stephen Tully – Diversity and Equality Committee
Madeleine Bridgett – Human Rights Committee
Please click here to view the President's announcement of the membership lists for the Bar Association’s 2021/22 committees.
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.
6 St James Hall Chambers would like to welcome Martin Watts. Martin specialises in employment law and industrial relations, as well as work health and safety, anti-discrimination law and administrative law.
With over a decade of experience, Martin has regularly conducted litigation in all courts and tribunals in his chosen fields. He is also regularly called upon to provide practical and commercial advice to clients requiring assistance.
Welcome Martin!
6 St James Hall Chambers would like to welcome its newest member, Michael Collins. Michael has a broad commercial practice, and experience in a variety of banking, corporations and insolvency matters.
To read more about Michael Collins, please click here.
Welcome Michael!
6 St James Hall Counsel, Dr Christopher Ward SC represented Mr Newman before the Federal Court on Monday, 10 May 2021, against the Government’s temporary ban on citizens entering Australia from India.
Mr Newman’s case was mentioned in The Sydney Morning Herald.
6 St James Hall Senior Counsel Ian Neil SC has been ranked in Doyles Guide Leading Employment Law Senior Counsel NSW 2021.
Junior Counsel Michael Seck, Lisa Doust and Bronwyn Byrnes have been ranked in the Doyles Guide Leading Employment Law Junior Counsel NSW 2021.
Congratulations to all.
Ian Neil SC and Michael Seck have been ranked in the Chambers and Partners Employment Bar 2021 - Band 1 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.
Sixth Floor St James Hall is delighted to announce that Tim Castle has been appointment Senior Counsel. Congratulations Tim Castle SC.
The full list of successful applicants can be found here.
The High Court has upheld the appeal of Dr Benoy Berry in long running litigation against CCL Secure Pty Ltd arising out of the Securency plastic banknote scandal. Dr Berry was represented throughout more than 6 years of litigation by 6 St James Hall Senior Counsel Dr Christopher Ward SC with junior counsel Phillip Santucci, assisted in the High Court by former Solicitor-General Justin Gleeson SC and instructed by Damian Sturzaker of Marque Lawyers. The High Court substantially restored the damages award obtained at trial in 2018, assessing damages and interest at more than $37 million. The unanimous High Court concluded that a serious onus of proof lay upon a litigant who had resorted to fraud but who wished to assert that it would have hypothetically relied upon lawful means to terminate a contract had it not engaged in fraud.
The High Court matter was mentioned in Lawyers Weekly.
The reasons for the decision can be found here.
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.
Liability limited pursuant to a scheme approved under Professional Standards Legislation.
