Judicial Review of Refugee Decisions

 On 30 October 2018 Mark Steele will be one of 3 presenters addressing the above topic in a BAQ CPD presentation.

 

 BAQ Annual ADR Conference 13-14 October 2018

 Over the weekend of 13-14 October 2018 the BAQ conducted its 11th consecutive ADR Conference.  For the third year in a row it was conducted at the Sheraton Hotel Gold Coast.  Andrew Crowe QC (as Chair of the ADR Committee) opened the conference.  David de Jersey participated in a panel discussion which had been facilitated by Melanie Hindman QC.  Melanie and Philip Tucker are both members of the ADR Committee which organised the conference.

 

Cragcorp Pty Ltd v Queensland Civil Engineering Pty Ltd [2018] QSC 203 per Lyons SJA, 12 October 2018

 Melanie Hindman QC led Hamish Clift for the respondent in an application to declare void an adjudication decision made under the Building and Construction Industry Payments Act 2004. The application alleged multiple instances of jurisdictional error made by the adjudicator, none of which was found to have been made out by her Honour Ann Lyons SJA, who dismissed the application with costs. The decision deals with the various grounds of jurisdictional error.

 

 Jones v Aussie Networks Pty Ltd [2018] QSC 219 per Douglas J, 2 October 2018

 Peter Somers appeared as junior counsel in this four day defamation trial successfully defending the claims brought.  The decision considers the defences of qualified privilege and opinion in response to the defamation claim.  The defendants also succeeded in defeating the plaintiffs’ additional claim for injurious falsehood, on the grounds there was no malice and the plaintiffs failed to establish that damage was caused by the relevant publication; as well as the plaintiffs’ further claim for misleading and deceptive conduct, relying on the information provider defence under section 19 of the Australian Consumer Law.

 

 Legal Training Institute PNG – Commercial Litigation Workshop

 From 3-7 September 2018 the BAQ conducted its 6th consecutive annual Commercial Litigation Workshop at the LTI/PNG.  Ten barristers from the Queensland Bar conducted this workshop led by Andrew Crowe QC as team leader.  Judge Porter QC (formerly a member of Northbank Chambers) and Mark Steele from Northbank Chambers also attended.  Andrew, Judge Porter QC and Mark have attended a number of these workshops.  In previous years John Bond QC (now Justice Bond) and Brent Reading (members of Northbank Chambers) have also attended.

 

 McDonald v AMP Financial Pty Limited (2018) 129 ACSR 605 per Douglas J, 28 August 2018

 Kylie Downes QC led Bruce Wacker for the plaintiff in this six day trial.  The plaintiff was a financial advisor licensed to provide financial advice and sell AMP’s products pursuant to a contract which contract AMP had treated as terminated.  The reasons deal with the plaintiff’s statutory duties (incorporated into the contract); the terms of the contract and the proper construction of those terms; alleged breaches of the contract; estoppel by representation; estoppel by convention; and misleading or deceptive conduct.

  

International arbitration heard in Singapore – January, April, August 2018

 Brent Reading appeared as junior Counsel in a 16 week arbitration heard in Singapore. The arbitration was heard before three former members of the High Court, Queen’s Bench Division and involved complex technical issues concerning electrochemistry and physics. Brent was led by John Rowland QC, who is one of London’s leading Queen’s Counsel.

  

Body Corporate for Mount Saint John Industrial Part Community Title Scheme 18632 v Superior Stairs & Joinery Pty Ltd  [2018] QCA 173 McMurdo JA & Mullins & Bond JJ, 31 July 2018

 Douglas Savage QC appeared on behalf of the successful appellant overturning summary dismissal of part of the appellant’s claim which had been dismissed on the ground that it was made outside a limitation period held to be prescribed by s 145(2) of the Body Corporate and Community Management (Standard Module) Regulation 2008 (Qld).  The issue upon appeal was whether s 145 does prescribe a limitation period.  The Court of Appeal determined that it does not.

 

 Fair Work Ombudsman v Hu (No. 2) [2018] FCA 1034, 12 July 2018

 Philip Tucker appeared with Robert Bain QC for the successful second and third respondents in respect of an accessorial liability claim.

 

 Nortask Pty Ltd v Areva Solar KCP Pty Ltd (No. 1) [2018] QSC 144 per Lyons SJA, 28 June 2018

 Mark Steele appeared for the defendant leading Hamish Clift in a one week trial.  The decision deals, inter alia, with authority to enter into a contract; formation of and the terms of contract; and damages for trespass or mesne profits.

 

 Wotton v State of Queensland (No. 10) [2018] FCA 915 per Murphy J, 15 June 2018

 This long running class action settled in principle after a mediation (before Michael McHugh) late last year.  After the conclusion of the liability trial in December 2016, Andrew Crowe QC with Scott McLeod and Steven Forrest appeared for the State of Queensland in the quantum stage of the proceeding which included analysis of detailed material in respect of the claims of the 447 members of the class.  Following the mediation there were protracted negotiations finalising the terms of settlement.  Murphy J approved the Settlement Scheme on 15 June 2008 which terms are annexed to the reasons.  The settlement sum was a lump sum of $30 million – ie the State’s involvement in the dispute ended upon the approval of the settlement with the distribution of the $30 million to be determined under the terms of the Settlement Scheme.

 

Doyles Guide

Leading Intellectual Property & TMT Barristers – Queensland, 2018

 Leading

Andrew Crowe QC

 

Recommended

Kylie Downes QC

 

Leading Commercial Litigation & Dispute Resolution Queens Counsel – Queensland, 2018

Recommended

Andrew Crowe QC

Kylie Downes QC

Melanie Hindman QC

Douglas Savage QC

 

Leading Commercial Litigation & Dispute Resolution Junior Counsel – Queensland, 2018

Preeminent

David de Jersey

 

Recommended

Philippa Ahern

Philip Tucker

  

Leading Insolvency & Restructuring Senior Counsel – Queensland, 2018

Recommended

Kylie Downes QC

Douglas Savage QC

 

Leading Insolvency & Restructuring Junior Counsel – Queensland, 2018

 Leading

David de Jersey

 

Recommended

Philippa Ahern

 

Leading Construction & Infrastructure Senior Counsel –Australia 2018

 Recommended

Melanie Hindman QC

 

Leading Construction & Infrastructure Senior Counsel – Queensland 2018

Leading

Kylie Downes QC

Melanie Hindman QC

 

Recommended

Peter Franco QC

 

Leading Construction & Infrastructure Junior Counsel – Queensland 2018

 Recommended

Brent Reading