Riva NSW Pty Ltd v Key Nominees Pty Ltd [2023] NSWSC 711

On 7 July 2023 the Supreme Court of NSW delivered judgment in the matter of Riva NSW Pty Ltd v Key Nominees Pty Ltd [2023] NSWSC 711. 

The judgment addresses a practical issue regarding the Supreme Court’s power to enforce its orders arising in exceptional circumstances in which 13 costs orders had been made by NSW courts, including 10 by the Supreme Court, all of which had been assessed and the resulting certificates of determination of costs registered as 13 separate judgments in the Local Court. Separate judgments, as explained in the judgment, if enforced by a writ for the levy of property require the issue of a separate writ for each separate judgment.

The defendant sought the assistance of the Court to facilitate execution of the judgments in the exceptional circumstances by means of the appointment of a receiver. The Court found there were exceptional circumstances in the proceedings and ordered that the costs orders be enforced by the appointment of a receiver and sequestrator without the requirement for security. The Court also ordered that a writ of sequestration issue authorising the receiver as sequestrator to take possession of the property of the plaintiffs and each of them, including to collect, receive and sequester all the rents and profits of any such real property and to collect, receive and sequester the personal property of the plaintiffs.

The Court ordered that the plaintiffs pay the defendant’s costs of and incidental to the receiver motion, the setting aside motion and the adjournment application.

Richard Parsons appeared for the defendant.

The judgment can be found here.

Employment Law Advocacy

Bronwyn Byrnes of counsel is looking forward to teaching the intensive course "Employment Law Advocacy" in the LLM program at the University of Sydney with the Honourable Justice Elizabeth Raper and Catherine Bembrick of counsel on 11/12 April and 3/4 May 2024.

This unit examines key aspects of employment law principles and practice and their application in contemporary employment litigation and advocacy. This course by practical application requires that students apply the substantive legal principles underpinning the employment relationship learned through a series of moots, undertaking cross-examination and making closing submissions.  The context for these exercises will be a variety of common employment disputes that arise in modern workplaces including the characterisation of the relationship for workers, serious misconduct, unfair dismissal, adverse action, sexual harassment, and liability for conduct outside of work, including by way of social media activity. The course’s practical focus also extends to drafting pleadings, leading evidence, understanding remedies and choice of forum options as well as settlement obligations. This unit of study is designed especially for students in the Master of Laws (LLM) and Master of Labour Law and Relations (MLLR) degree programs who have completed an LLB or JD degree.

Australian Electoral Commission v Craig Kelly

6 St James Hall Senior Counsel Christopher Ward SC and Trent March (of New Chambers) have successfully defended Mr Craig Kelly against civil penalty charges brought by the Australian Electoral Commission relating to the authorisation of electoral material.  The case involved questions of statutory construction of the Electoral Act and the implied freedom of political communication.

Reasons for the decision can be found here.

Capital Punishment Justice Project event - Wednesday 14 June 2023

The Capital Punishment Justice Project is holding an event on Wednesday, 14 June 2023 hosted by the members of 6 St James Hall Chambers. Speakers will include the Hon Michael Kirby AC CMG, Christopher Ward SC in conversation with recently retired member of the Philippine Human Rights Commission Karen Gomez-Dumpit, and the executive staff of the CPJP who will discuss its recent and on-going work.

Numbers are limited and entry is by donation of $25.00 to support the work of the CPJP.

Further information and ticket purchasing can be accessed here.

Dr Christopher Ward SC joins 3 Verulam Buildings Barristers, London as an Associate Member

Dr Christopher Ward SC has accepted an offer to join 3 Verulam Buildings Barristers in Gray’s Inn, London as an Associate Member, where he will be working on public international law litigation and arbitration in Europe.  Dr Ward will continue to lead the international law practice group at 6 St James Hall and will remain available to accept instructions in all Australian courts and tribunals. 3 Verulam Buildings Barristers’ press release can be viewed here.

Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l.

Dr Christopher Ward SC was honoured to represent the Kingdom of Spain, leading Philip Santucci and instructed by K & L Gates, in the High Court in Kingdom of Spain v Infrastructure Services Luxembourg S.a.r.l  [2023] HCA 11.  The case has clarified important questions of sovereign immunity and the status of ICSID Awards in Australia.  The transcript can be viewed here.

new Data Protection and Privacy practice group

Six St James Hall is pleased to announce the formation of our Data Protection and Privacy practice group.  Many of our members have expertise in privacy law and data security issues arising in a range of litigious and commercial contexts.  We are well placed to assist any client with whole of business compliance advice, regulatory matters, class actions, inquiries, or individual disputes.  

Over the coming months we will be publishing regularly and holding CPD events, to assist clients and solicitors to remain up to speed on the latest developments in this fast-moving area.

Our barristers practising in this area include:

Robert Angyal SC

Ian Neil SC

Christopher Ward SC

Madeleine Bridgett

Michael Collins

Steven Cominos

Dr Katherine Fallah

Alexander Flecknoe-Brown

Liam Meagher

Jennifer Mee

Michael Rennie

Michael Seck

Yvonne Truong

Michael Whitbread

SENIOR COUNSEL APPOINTMENT 2022

Six St James’ Hall Chambers are delighted to congratulate David Rayment SC upon his appointment as Senior Counsel in the State of New South Wales. David Rayment SC has practised as a barrister since 2004, and has significant experience in commercial, equity, financial and corporate disputes at the highest levels. He has been a member of the New South Wales Bar Council for many years and his appointment is richly deserved. Six St James’ Hall is a leading set of Chambers with 33 barristers including 5 silks, working in commercial, equity, international law and employment and industrial matters.

Control of Government Information in Legal Proceedings

Michael Rennie has updated his 2017 paper on this topic to incorporate recent developments, particularly in the law of legitimate forensic purpose and legislative reform. The paper seeks to demystify the legal issues and tradecraft behind managing government secrets in Court. The result is a comprehensive introduction to non-publication orders, public interest immunity and legitimate forensic purpose.

Michael’s paper can be found here.

Prosecution of Mr Bernard Collaery withdrawn

Dr Christopher Ward SC has represented Mr Bernard Collaery in national security proceedings since 2018. The case has involved numerous applications to the ACT Supreme Court, Court of Appeal and High Court. The prosecution of Mr Collaery was withdrawn by the Attorney-General on 7 July 2022. Dr Ward SC describes the result as very pleasing and in the interests of justice and Australia's international relations. Dr Ward acted for Mr Collaery pro bono.

Further information can be found here.

CHALLENGING the VACCINE MANDATE - APPEAL WIN FOR POLICE AND AMBULANCE OFFICERS

Dr Christopher Ward SC with Mr Philip Santucci has successfully represented a group of Queensland ambulance, police and nursing employees in an appeal before the Queensland Court of Appeal which found that jurisdiction to hear administrative law challenges to covid-19 mandatory vaccination policies should be heard by the Queensland Supreme Court and not the Industrial Commission. The substantive issues will be considered by the Supreme Court in early 2022.

Further information can be found here.

MR bernard collaery WINS APPEAL

The ACT Court of Appeal today unanimously upheld the appeal of Mr Bernard Collaery against a decision that certain material relating to national security not be discussed in open Court in the course of criminal proceedings related to international negotiations between Australia and Timor Leste. The Court of Appeal strongly emphasised the significance of the principle of open justice and its rationale.

Mr Collaery is represented by 6 St James Hall Senior Counsel Christopher Ward SC with Philip Boulten SC and Bret Walker SC, instructed by Gilbert & Tobin.

Judgement handed down on secrecy in Bernard Collaery prosecution - Lawyers Weekly