GKX18 v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 307

In the recent decision of GKX18 v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 307, the Federal Circuit and Family Court of Australia (Division 2) held that the Court had jurisdiction to determine a claim for damages for unlawful imprisonment.

In this proceeding, the applicant, a citizen of Iraq, sought a writ of habeas corpus and damages for unlawful imprisonment, following the landmark decision of NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37. The respondents, the Minister for Immigration and Multicultural Affairs and the Secretary of the Department of Home Affairs, argued that the Court had no jurisdiction to deal with the damages issue, and asked that that question be determined before any further steps were taken in the proceeding. The Court held that it did have jurisdiction and that the “same result would have applied even if the habeas corpus application had been dismissed” which it was not.  

The respondents have sought leave to appeal the decision.  

Madeleine Bridgett represented the applicant led by Quintin Rares.

Welcome Carmel Lee

6 St James Hall welcomes Carmel Lee to chambers.

Carmel is a leading commercial and equity barrister specialising in commercial and equity matters with a focus on contractual disputes, private international law (conflict of laws), property law and succession law. A dedicated part of her practice is providing pro-bono advice and representation in human rights and public interest litigation matters. In these areas she has represented refugees based in Naru and has provided advice on the freedom to protest and political expression.

To read more about Carmel’s practice please see her profile here.

Dr Christopher Ward SC elected to Vice Chair of the Internation Law Association

Dr Christopher Ward SC has been elected Vice-Chair of the International Law Association (ILA) Headquartered in London. The International Law Association was founded in Brussels in 1873. Its objectives, under its Constitution, are "the study, clarification and development of international law, both public and private, and the furtherance of international understanding and respect for international law". 

 Dr Ward said: “The rule of law is under great pressure due to global events. The role of the ILA has never been more important. The Association brings together public and private international lawyers to develop new framework rules for the peaceful resolution of international disputes and to declare and clarify the content of existing rules of international law. Despite glaring examples of impunity, it is critical that the content of international law is identified and publicised so that departures from the law can be made clear, and support given to those States seeking to uphold the international legal order.”

6 St James Hall Counsel represent Bolivia before the International Court of Justice

6 St James Hall Senior Counsel Christopher Ward SC, assisted by 6 St James Hall Counsel Madeleine Bridget and Lucy Geddes, represented the Plurinational State of Bolivia before the International Court of Justice by way of intervention in the Advisory Opinion proceedings requested by the United Nations on the Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory. 

The proceedings involved the interpretation of the United Nations Charter, particularly Article 2 paragraph 5, and numerous treaties including the Fourth Geneva Convention. 

The question before the International Court of Justice is:

“What are the obligations of Israel, as an occupying Power and as a member of the United Nations, in relation to the presence and activities of the United Nations, including its agencies and bodies, other international organizations and third States, in and in relation to the Occupied Palestinian Territory, including to ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population as well as of basic services and humanitarian and development assistance, for the benefit of the Palestinian civilian population, and in support of the Palestinian people’s right to self-determination?”

The Court has reserved its Opinion. More information about the proceedings can be found here.

Welcome Chris Honnery

6 St James Hall is delighted to welcome Chris Honnery to chambers. Chris has built a practice in the areas of administrative law, migration law, regulatory law and appellate law, and possesses particular expertise in judicial review. Chris is also a member of the Victorian Bar and a barrister and solicitor of the Supreme Court of Nauru. 

For Chris’ availability and rates please speak to the Clerk and Practice Manager of Chambers, Nora Faulua.

 Welcome Chris.

CONFIDENTIALITY OF GOVERNMENT INFORMATION IN LEGAL PROCEEDINGS

Michael Rennie has released the recent CPD paper that he presented on Legal Professional Privilege and Public Interest Immunity.  The paper addresses the methods of asserting these forms of privilege in NSW and Commonwealth jurisdictions, an overview of the two fields of privilege and a discussion of how the two areas might interact and overlap.  Aimed at government regulators the paper is intended to be a useful toolkit for government agencies managing the confidentiality of their information in legal proceedings. 

Please click here for the paper.

2025 Doyle's listing of Employment law barristers

Doyles Guide have released their 2025 listing of leading Employment Law Senior Counsel and Junior Counsel in NSW and ACT.

 6 St James Hall Senior Counsel Ian Neil SC, and Junior Counsel Michael Seck, Prue Bindon, Bronwyn Byrnes, Ken Brotherson, Maurice Baroni, Martin Watts and Liam Meagher have all been recognised in their respect areas of law, employment, industrial relations and WHS.

 Our recognised counsel have extensive experience in providing strategic advice to public and private sector employers, unions and individuals and are also recognised experts in conducting workplace investigations. They appear throughout Australia in all courts, the Fair Work Commission, the Australian Human Rights Commission, as well as a wide range of tribunals and mediations.

Enquiries to retain any of our barristers including availability and urgency, can be discussed with the chambers’ Clerk and Practice Manager, Nora Faulua.

The importance of complying with statutory notices issued by the NSW EPA

On 7 February 2025, construction company He Co Pty Ltd and its director George Khouzame were convicted and each fined $100,000 plus costs in Parramatta Local Court for providing false information to the NSW Environment Protection Authority (EPA) during an illegal dumping investigation in February 2023.

The defendants were prosecuted during an ongoing investigation into the alleged illegal dumping of asbestos-contaminated waste at a property in Canyonleigh in the Southern Highlands.  The EPA issued statutory notices to several companies, including He Co Pty Ltd, requesting information and records on how the material came to be on the property.  He Co Pty Ltd and Mr Khouzame repeatedly denied any involvement with the property, but evidence gathered by EPA officers indicated that those assertions were false.

The matter demonstrates the importance of complying with statutory notices issued by the EPA as well as other regulatory authorities.

6 St James Hall counsel Stephanie Erian appeared for the EPA. 

The matter has been reported in the Sydney Morning Herald.

Confidentiality of government information in legal proceedings.

6 St James Hall Chambers barrister, Michael Rennie will be presenting at the Practice essentials for government lawyers: Mandatory rule 6.1 – live webinar, hosted by LawInform of the Law Society of NSW.

Michael will speak about the Confidentiality of government information in legal proceedings: Legal professional privilege and public interest immunity. What are the primary mechanisms for maintaining the confidentiality of government information in litigation and its procedures. Michael joins a distinguished panel of experts speaking on a variety of topics useful to public lawyers.

This webinar will be held on 26 February 2025 between 9am and 1:15pm. 

Click on the link below to register your attendance. 

https://www.lawinform.com.au/blocks/androgogic_catalogue/index.php?q=78391

LEGAL 500 RANKINGS 2025

6 St James Hall Chambers as a set of chambers have been recognised in the practice area of Commercial Disputes in the Legal 500 Asia Pacific 2025.

Members, Dr Christopher Ward SC, Ian Neil SC and Tim Castle SC, have been individually recognised in their expert areas of law, Commercial Disputes.

The barristers of 6 St James Hall Chambers' Commercial Disputes Resolution practice area, are leading advocates of the Australian Bar, with expertise in a wide range of disputes, including commercial corporate and industrial disputes, financial services, insolvency, franchising and international law.

Enquiries to retain any of our barristers including availability and urgency, can be discussed with the chambers’ Clerk and Practice Manager, Nora Faulua.

A full list of the rankings can be found on the link below.

https://www.legal500.com/c/australia-bar/commercial-disputes

WELCOME STEPHANIE ERIAN

6 St James Hall welcomes Stephanie Erian. Stephanie practices in the areas of commercial law, public and private international law, public and administrative law, human rights law and environmental law. Prior to coming to the bar, Stephanie practiced as a solicitor in Australia, the Netherlands and Cambodia. Most recently, Stephanie was a senior lawyer at the NSW Environment Protection Authority. Stephanie has also acted on legal teams at the International Criminal Court, Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon.

Enquiries about Stephanie's availability and rates can be sent to our Clerk and Practice Manager of Chambers, Nora Faulua.

United States of America v Williamson & Ors [2024] NTCA 6

Dr Christopher Ward SC, appearing with Phillip Santucci, has successfully represented the United States of America in an appeal before the Northern Territory Court of Appeal.

The appeal upheld the sovereign immunity of the United States of America in relation to a claim made by a United States serviceman in respect of injuries suffered whilst on deployment in Australia.

The case involved questions of customary international law, the Status of Forces Agreement between the United States of America and Australia, and statutory interpretation.

The case can be found at [2024] NTCA 6.

Chambers and Partners 2025 Rankings

6 St James Hall Chambers as a set has been ranked by Chambers and Partners under their Dispute Resolution: The Bar 2025.

Members Ian Neil SC and Michael Seck have each been ranked individually in their expert areas of law, Employment: The Bar. 

A full list of ranking tables can be found on this link https://chambers.com/legal-rankings/employment-the-bar-australia-8:2715:23:2?l=en-GB

Congratulations to both Ian and Michael. 

Enquiries about availability can be sent directly to the Clerk and Practice Manager of Chambers, Nora Faulua.

Discrimination Law and Practice

Federation Press has just published the sixth edition of Discrimination Law and Practice, authored by Chris Ronalds SC of Frederick Jordan Chambers and 6 St James Hall Chambers barrister Bronwyn Byrnes. 

This updated edition provides a comprehensive yet accessible analysis of discrimination law in Australia, offering clarity on complex topics such as:

Direct & Indirect Discrimination

Reasonable Adjustments & Harassment

Protected Areas including Employment, Education, and the Provision of Goods & Services

Available Defences & Remedies

This updated edition includes a re-worked chapter on sexual harassment and covers key legislative changes made by the the Respect at Work and Costs Protection regimes. 

The book can be purchased directly from Federation Press here.

Appointment to the Federal Court of Australia

Professor James Stellios FAAL FASSA of 6 St James Hall Chambers has been appointed as a Judge of the Federal Court of Australia, New South Wales Registry, commencing on 19 December 2024 as announced today by The Honourable Mark Dreyfus KC MP. 

Professor Stellios was admitted as a legal practitioner to the Supreme Court of New South Wales and the Supreme Court of the Australian Capital Territory in 1995. In 2013 he was called to the New South Wales Bar. 

Professor Stellios is one of Australia’s leading expert barristers in constitutional law. He was recently the Head of the Australian National University Law School, and is a Fellow of the Australian Social Sciences Academy and the Australian Academy of Law. He has published books and edited collections, including Zines and Stellios' The High Court and the Constitution and The Federal Judicature: Chapter III of the Constitution.

The Announcement by the Attorney General, The Hon Mark Dreyfus KC MP can be found here.

The members and associates of 6 St James Hall Chambers wholeheartedly congratulate James on his appointment.

ENGADINE MEDICAL IMAGING SERVICES PTY LTD AS TRUSTEE FOR THE ENGADINE UNIT TRUST V MENA IBRAHIM [2024] NSWSC 1399

CONSUMER LAW — misleading or deceptive conduct — representations as to future matters — silence or non-disclosure — alleged representations by first defendant as to ongoing operation of the first plaintiff’s business, lease of business premises, value of business, establishment of competing business, and terms of deed of settlement — insufficient evidence that the pleaded representations were made — insufficient evidence of and evidence contraindicating reliance by plaintiffs on alleged representations — HELD — claims of misleading or deceptive conduct against first defendant dismissed — deed of settlement applies in accordance with its terms

CORPORATIONS — directors and officers — whether first defendant was an officer of the first plaintiff — s 9AD(1)(b) Corporations Act — where first defendant participated in some decisions affecting corporation’s business — insufficient to make him an officer of the company — directors’ duties — alleged breach by third defendant of statutory and fiduciary duties — duty not to use information improperly — duty not to use position as director improperly — duty of care and diligence — duty to act in good faith in best interests of company — alleged breaches involving failure to exercise lease option, establishing competing business, and taking staff and business — insufficient evidence of pleaded conduct by third defendant said to constitute breaches — HELD — first defendant not an officer of first plaintiff; unnecessary to determine associated claims against him — claim against third defendant dismissed

EQUITY — breach of confidence — first defendant’s access to first plaintiff’s confidential business and financial information — alleged misuse by first defendant — plaintiffs’ failure to identify confidential information with precision — failure to particularise misuse or resulting loss to plaintiffs — HELD — breach of confidentiality claim against first defendant dismissed

Michael Collins appeared for the first, second seventh and eighth defendants, led by Miles Condon SC.

Reasons for the judgment can be found here.

Appointment to the Federal Circuit and Family Court of Australia

Lisa Doust of 6 St James Hall Chambers has been appointed as a Judge of the Federal Circuit and Family Court of Australia, (Division 2) at the Sydney Registry, commencing on 14 October 2024.

Lisa was admitted as a solicitor in 1993 and was called to the New South Wales Bar in 2008. Lisa joined 6 St James Hall Chambers shortly after her readership and has been a member of 6 St James Hall Chambers for the last 15 years. 

The Announcement by the Attorney General, The Hon Mark Dreyfus KC MP can be found here.

The members and associates of 6 St James Hall Chambers wholeheartedly congratulate Lisa on her appointment.

Appointment to the Mental Health Review Tribunal

St James Hall Chambers congratulates Madeleine Bridgett on her appointment as a part-time Lawyer member of the Mental Health Review Tribunal commencing in September 2024. 

Madeleine Bridgett is a human rights, public law and commercial law barrister. Madeleine has specialised knowledge in trauma-informed practice, mental health, drug and alcohol, child protection, domestic and family violence, and sexual assault. Having served almost three years as Counsel Assisting the Royal Commission into Defence and Veteran Suicide, Madeleine continues her work in this area at the Mental Health Review Tribunal as well as her practice as a Barrister in areas of human rights, public law and commercial law.

Congratulations Madeleine.

LEADING ARBITRATION BARRISTERS - AUSTRALIA 2024

Doyles Guide have released their 2024 listing of leading Australian Arbitration Barristers. Congratulations to Dr Christopher Ward SC who has been recognised in this listing. 

Dr Ward SC is an advocate before trial courts, appellate courts and arbitral tribunals.  He has a multidisciplinary international practice as Senior Counsel and works in all aspects of public and private international law,  administrative and governmental disputes. 

Enquiries regarding availability, urgency, time commitments and fees can be made to his Clerk and Practice Manger, Nora Faulua. 

https://doylesguide.com/leading-arbitration-barristers-australia-2024/

Full Federal Court allows statutory construction migration appeal

The Full Court has held by a majority (Thawley and Stewart JJ) that where a decision of the Immigration Assessment Authority is quashed, both the Minister's duty in s 473CA of the Migration Act 1958 (Cth) and the Secretary's duty in s 473CB must be re-performed, such that the Secretary is obliged to give to the Authority new country information and other relevant material that has come into the Secretary's possession or control since the matter was originally referred to the Authority. 

Richard Reynolds, counsel of 6 St James Hall Chambers, led by Ben Mostafa, appeared for the successful Appellant.

Please click here to read the full judgment.