Commercial Litigation

I have been a commercial litigation lawyer for over 20 years. I have conducted matters for individuals, businesses and even the government in many different jurisdictions. My specialties are corporate insolvency and bankruptcy but in reality my practice is a lot more diverse than that. While the Equity and Corporations Lists of the Supreme Court of NSW are where you will often find me, I am also regularly instructed in a wide range of commercial disputes as well as administrative law (migration),  family provision (Succession Act), family law and occasionally, crime. I often appear in the Federal Court, the Federal Circuit Court, the District and Local Court as well as the various state (NCAT) and federal tribunals (AAT).

 

 

Dispute Resolution

I completed my masters degree in Dispute Resolution at the UNSW in 2019. I am a NSW Bar Association accredited arbitrator and I have a grade 3 arbitrator classification from the Resolution Institute. I am also a nationally accredited mediator. Although I am now accredited, I have been involved in many mediations as advocate and also as mediator over the years. In acting as a mediator I bring my life experience (including my career before law) and my knowledge of the principles of dispute resolution to that role. I accept the changes occurring in the legal profession and I strive to be a “new lawyer”. I will accept instructions to act as mediator, arbitrator or facilitator or to represent you or advise in respect of one of those processes

Migration

I have been registered as a migration agent since 2001 and am one of a handful of barristers who have dual registration.

Decisions to refuse or cancel a visa are usually subject to a right of merits review. If you need help with a merits review application you should have a look at my migration agent website. If you have been unsuccessful in merits review and you want advice on whether there are grounds for judicial review then I can assist you. I’d also be pleased to assist if you have an adversarial matter in the AAT (e.g. a character cancellation matter).

My Qualifications

1983

BSc (Hons) (Chemistry) University of Queensland

1988

MSc (Hons) (School of Earth Sciences) (Macquarie University). Thesis entitled “The kinetics of heavy metal adsorption onto a natural stream sediment”

1995

Dip Law (LPAB)

2001

Registered as a Migration Agent (0101077)Member of the Migration Institute of Australia

2002

Graduate Certificate in Insolvency Practice (University of Southern Qld)

2004

Master of Laws (University of Sydney)

2019

Master of Dispute Resolution (UNSW)

2019

Accreditation as mediator under NMAS

2019

Arbitrator grade 3 (Resolution Institute) and accredited by NSW Bar Association

Between 1983-1996 I worked as an industrial chemist in research, in chemical manufacturing and in the food industry.

I was admitted to practice as a legal practitioner on 5 July 1996 and commenced practice as a barrister in October 2006.

Some of My Cases

Administrative Law

SZKOT v MIC [2007] FMCA 1738

Inamata v MIMC [2008] AATA 695 (Character cancellation under s501 Migration Act)

Chidbundid v MIC [2012] FMCA 59 (Proof of service of documents)

SZRTN v MIC [2013] FCCA 583

Khan v MIBP [2013] FCCA 2253

SZTNY v Minister [2015] FCCA 239 

Thakur v Minister for Immigration [2015] FCCA 3038

DEB v Minister for Immigration [2016] FCCA 3351

Nduta v MIBP [2016] FCA 1596 

SZVBC v Minister for Immigration [2016] FCCA 3205

Tran v Minister for Immigration [2016] FCCA 1984 

CTS15 v Minister for Immigration [2017] FCA 753 

AZH15 v MIBP [2017] FCA 97 

SZVIA v Minister for Immigration (No 2) [2018] FCCA 1265

General Federal Law

Mansfield v Ghadie [2008] FMCA 1489 (Trustee in bankruptcy – unpaid vendors’ lien)

Heilbrunn v Lightwood [2007] FCA 1518 (Admiralty)

Leasing Centre v Shepard [2011] FCA 443 (Total failure of consideration)

Day v Mercedes Benz [2011] FCA 454

Dai v Zhu [2013] FCCA 1406

Halal Certification Authority v Quality Kebabs (No 2) [2014] FCA 840 (Trade mark – additional damages)

Pascoe v Smirneos [2014] FCCA 2764 and Pascoe v Smirneos (No 2) [2014] FCCA 2765

Re Ecosave Holdings [2015] FCA 1121 and Re Ecosave Holdings (No 2) [2015] FCA 1446

Becker Vale v CEO of Customs [2015] FCA 525

LFDB v SM (No 4) [2017] FCA 753 

 

Corporations

Hall v Poolman [2007] NSWSC 1330

Radiancy (Sales) v Bimat [2007] NSWSC 962

DCT v Concrete Contractors [2008] FCA 1339

Kassem v Commissioner of Taxation [2012] FCA 152

Kassem v Commissioner of Taxation (No 2) [2012] FCA 293

Commissioner of Taxation v Kassem [2012] FCAFC 124

In the matter of Rivercorp [2012] NSWSC 576

Commissioner of Taxation v Moodie [2014] NSWCA 59

In the matter of Ambridge Investments [2015] NSWSC 1671 

PCL Holdings v Kassem [2015] NSWSC 1823 

In the matter of Dream House Fashion [2015] NSWSC 2035

In the matter of Smith & Young [2016] NSWSC 1081

Sydney Constructions v Reynolds Private Wealth [2016] NSWSC 1104 

In the matter of Randle Edge [2016] NSWSC 1948 

Commercial - general (incl property and mortgages)
NAB v Hunter [2013] NSWSC 71 and NAB v Hunter (No 2) [2013] NSWSC 763
Trust Co. Fiduciary Services v Hassarati [2011] NSWSC 577
Trust Co. Fiduciary Services v Hassarati (No 2) [2011] NSWSC 1396
Trust Co. Fiduciary Services v Hassarati (No 3) [2012] NSWSC 979
Trust Co. Fiduciary Services v Hassarati (No 4) [2012] NSWSC 1438
Tarrant v Statewide Secured Investments [2012] FCA 582
Tarrant v Statewide Secured Investments [2011] NSWCA 248
Hawkins v Kingsway Group [2009] FCA 1073 and 1335
Hawkins v Kingsway Group (No 2) [2009] FCA 1336
Hawkins v Kingsway Group [2009] NSWCA 399
Kingsway Group v Hawkins [2010] FMCA 403
Huang v Fu [2011] NSWSC 316 (Constructive trust)
Woolf v 52 Birriga Road [2012] NSWSC 921
EPA v Hill [2017] NSWLEC 72
Surgibit IP Holdings v Ellis (No 2) [2017] NSWSC 1379 and (No 3) [2017] NSWSC 1479
Szeto v Situ [2017] NSWCA 138
Szeto v Situ [2017] NSWSC 1554
Huang v Ceylan [2018] NSWSC 306 
Reliance Financial Services v Allyma Express (No 2) [2018] NSWSC 1776 and (No 3) [2019] NSWSC 511
Cole v Raykir Holdings [2019] NSWSC 1017
Succession Act (Family Provision)

Thomas v Pickering [2011] NSWSC 572

Family Law

Yum & Wen [2010] FamCA 1086

Sim and Soh [2012] FamCA 396

Tran v Lam [2016] FCCA 177

Huynh v Nguyen [2017] FCCA 1462 (application for interim distribution refused)

 

 

Costs

Cufurovic v Coshott [2009] NSWSC 372

Cockburn v Shehadie [2013] NSWSC 758