Papers & Publications | 6 St James Hall Chambers Sydney

Stephens v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 31

FCAFC Decision regarding APPEAL AND NEW TRIAL – appeal from Federal Circuit Court of Australia – claimed errors in fact-finding by primary judge

Dattilo v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 17

FCAFC Decision regarding APPEAL AND NEW TRIAL – appeal from Federal Circuit Court of Australia – claimed errors in fact-finding by primary judge

Patrick Kenney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 16

FCAFC Decision regarding ADMINISTRATIVE LAW and APPEAL AND NEW TRIAL – appeal from Federal Circuit Court of Australia – claimed errors in fact-finding by primary judge.

Stiles v Commissioner for Fair Trading & Anor [2017] NSWCATAP 44

NSWCATAP Decision regarding OCCUPATIONAL REGULATION – Tattoo Parlours Industry – Refusal of operator licence.

President Trump and International Law: Dr Christopher Ward SC’s speech

President Trump and International Law: Dr Christopher Ward SC's speech

LFDB v SM (No 3) [2017] FCA 80

FCA Decision regarding PRIVATE INTERNATIONAL LAW and STATUTORY INTERPRETATION – construction of s 72(1) of the Act.

Children’s Human Rights & the Need for Special Protection: Report by Madeleine Bridgett

Tim Castle on Interpreting section 54 of the Insurance Contracts Act 1984 (Cth)

Tim Castle on Interpreting section 54 of the Insurance Contracts Act 1984 (Cth).

Jimenez v R [2017] NSWCCA 1

NSWCCA Decision regarding CRIMINAL LAW - Leave to appeal against conviction – referral to Court of Criminal Appeal – possession of child pornography.

Department of Family & Community Services & Arthur [2017] FamCA 204 (24 January 2017)

FamCA Decision regarding AMILY LAW – CHILD ABDUCTION – Hague Convention

Department of Family and Community Services & Arthur [2016] FamCA 1119

FamCA Decision regarding FAMILY LAW – CHILD ABDUCTION – Hague convention application – Application by the Secretary of the Department of Family and Community Services for the return of a five year old child to New Zealand.

R v Fang (No. 2) [2016] NSWSC 1784

NSWSC Decision regarding CRIMINAL LAW – murder trial - whether adult Crown witness competent to give evidence - witness found unfit to be tried in separate criminal proceedings.

Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255

NSWCATAP Decision regarding ADMINISTRATIVE LAW – Appeal - Crimes (Criminal Organisations Control) Act 2012 (NSW) - Criminal Records Act 1991 (NSW) - Tattoo Parlours Act 2012 (NSW).

Arab Bank Australia Ltd v Sayde Developments Pty Ltd [2016] NSWCA 328

NSWCA Decision regarding CONTRACTS — Construction — Penalties — Commercial loan facility — Whether default interest provision constituted penalty.

The Sharemarket College Pty Ltd & 2 Ors v ASIC [2016] AATA

AAT affirmed ASIC's decisions to cancel the Australian financial services (AFS) licence held by The Sharemarket College and to ban its Responsible Managers.

Watkins Syndicate 0457 at Lloyds v Pantaenius Australia Pty Ltd and Others [2016] FCAFC 150

FCAFC Decision regarding INSURANCE — Contribution — Claim for contribution between insurers — Where insured covered by one policy in terms and one by operation of the Insurance Contracts Act 1984 (Cth).

Riva NSW Pty Ltd v Key Nominees Pty Ltd [2016] NSWSC 1569

NSWSC Decision regarding PROPERTY – earlier order that plaintiffs may only commence proceedings seeking relief concerning 2006 mortgagee sale with leave.

Fair Work Ombudsman v Yogurberry World Square Pty Ltd [2016] FCA 1290

FCA Decision regarding INDUSTRIAL LAW – quantification of penalties – moral responsibility of a number of respondents – the need for both specific and general deterrence.

Jausnik v Nominal Defendant (No 5) [2016] ACTSC 306

ACTSC Decision regarding TORTS – Negligence – Police involved in pursuit of fleeing vehicle across NSW/ACT border – Failure to comply with police protocols for safe driving and cross-border pursuits.

AMZ15 v Minister for Immigration and Border Protection [2016] FCA 1195

FCA Decision regarding MIGRATION ― appeal from decision of the Federal Circuit Court ― whether primary judge erred in failing to find that Refugee Review Tribunal did not comply.

Mielczarek v Commissioner for Fair Trading [2016] NSWCATAP 217

NSWCATAP Decision regarding PRACTICE AND PROCEDURE – application to adduce new evidence on appeal – whether such evidence was likely to produce a different result.

CSL Australia Pty Ltd v Maritime Union of Australia [2016] FCA 1141

FCA Decision regarding PRIVILEGED - privilege against exposure to penalty – whether privilege waived by filing proceedings in Fair Work Commission – whether privilege waived by filing witness statements.

Lambert Leasing Inc. v QBE Insurance (Australia) Ltd [2016] NSWCA 254

NSWCA Decision regarding INSURANCE – whether insured obliged to provide insurer with documents to enable insurer to determine whether conditions precedent to cover satisfied.

Commonwealth of Australia (As Represented By The Department Of Infrastructure And Regional Development) v Phuong Mai Greenfield Pty Ltd [2016] FCCA 2228

FCCA Decision regarding ADMINISTRATIVE LAW – Commonwealth tenancy dispute – licence agreement – original deed of licence expired.

Kekatos v Westpac Banking Corporation [2016] NSWCA 205

NSWCA Decision regarding APPEAL – application for leave – where default judgment for money sum and possession of property set aside by consent.

Kekatos v Westpac Banking Corporation [2016] NSWCA 205

NSWCA Decision regarding APPEAL – application for leave – where default judgment for money sum and possession of property set aside by consent.

Dr Christopher Ward SC reports on the significance of The South China Sea Arbitration

Dr Christopher Ward SC reports on the significance of The South China Sea Arbitration.

McDonald v Commissioner of Police (No 2) [2016] NSWIRComm 1032

NSWIRComm Decision regarding POLICE – Senior Constable – application pursuant to section 84 for relief in relation to unfair dismissal.

Technology in ADR: Computers as Mediators

Robert Angyal SC's presentation to the NSW Bar Association as part of a seminar on ‘Technology in ADR: Computers as Mediators’.

Wade v Commissioner for Fair Trading [2016] NSWCATAD 149

NSWCATAD Decision reagrding LICENSING – occupational licensing - refusal of operator licence application, cancellation of tattooist licence - fit and proper person.

Willoughby City Council v Attorney General of NSW [2016] NSWSC 972

NSWSC Decision regarding EQUITY – CHARITIES – Trusts and trustee – Where Plaintiff trustee is a local council.

Special Commission of Inquiry into Greyhound Racing Industry in NSW

Special Commission of Inquiry into Greyhound Racing Industry in NSW.

Commissioner of Police v Joseph [2016] NSWCATAP 124

NSWCATAP Decision regarding OCCUPATIONAL LICENSING – firearms dealers licence – refused – application for administrative review.

Appearing for a party at a Family Provision Mediation

Robert Angyal SC's CPD paper "Appearing for a party at a Family Provision Mediation".

Arab Bank of Australia Ltd v Jeitani (No. 2) [2016] NSWSC 726

NSWSC Decision regarding COSTS – multiple issues - three separate claims in cross-claim – each party successful on one claim – whether costs should be apportioned.

Great Investments Ltd v Warner [2016] FCAFC 85

FCAFC Decision regarding CORPORATIONS – power of attorney – construction of general power of attorney.

Jingalong Pty Ltd v Todd & Anor [2016] NSWSC 715

NSWSC Decision regarding PRACTICE AND PROCEDURE — costs — conduct of first defendant brought about the litigation.

In the matter of the status of Norfolk Island as a non-self-governing territory

Opinion of Dr Chris Ward SC and Dr Stephene Tully on the status of Norfolk Island as a non-self-governing territory.

Sayde Developments Pty Limited v Arab Bank Australia Limited [2016] NSWDC 76

NSWDC Decision regarding BANKING - whether default interest payable under commercial facility constitutes a penalty.

Arab Bank of Australia Ltd v Jeitani [2016] NSWSC 617

NSWSC Decision regarding REAL PROPERTY – possession of land – mortgages - mortgagor in default.

Estate of Webster [2016] NSWSC 580

NSWSC Decision regarding Succession Act 2006 (NSW), s 23 - Alteration and revocation of grants — Revocation and re-grant of administration — Breakdown of working relationships between executors — Removal of executor with no ongoing interest in due administration of the estate.

Dr Stephen Tully calls on international legal community to participate in Australia-China Extradition Treaty parliamentary inquiry

Dr Stephene Tully calls on international community to participate in Aus-Chain Extradition Treaty Parliamentary Inquiry.

Zaps Transport (Aust) Pty Ltd v PJG Warehousing & Distribution Pty Ltd [2016] NSWCA 97

NSWCA Decision regarding CONTRACT – sale of business – vendor entitled to interest on outstanding contract price unless in default.

Xardia v Commissioner of Taxation & Commissioner of NSW Police; Xardia v Department of Defence [2016] NSWDC 63

NSWDC Decision regarding PRACTICE & PROCEDURE – order for medical examination to determine plaintiff’s legal capacity.

Dr Stephen Tully calls on international legal community to participate in Australia-China Extradition Treaty parliamentary inquiry

Dr Stephene Tully calls on the international community to participate in the Aus-China Extradition Treaty Inquiry in a letter.

Transport Industry General Carriers Contract Determination [2016] NSWIRComm 3

NSWIRComm Decision regarding CONTRACT DETERMINATION – application to vary – principles to be applied – relevance of wage fixation principles.

Klazidis v Commissioner of Police [2016] NSWIRComm 1014

NSWIRComm Decision regarding UNFAIR DISMISSAL – charge of affray – applicant pleads guilty.

Tim Castle addresses 2016 UNCITRAL Thailand Symposium in Bangkok

6 St James' Hall's specialist trade law counsel Tim Castle presented on "The Growing Importance of the Convention on the International Sale of Goods" at the April 2016 UNCITRAL Symposium at the Thailand Arbitration Centre on 8 April 2016.

Tim Castle addresses 2016 UNCITRAL Thailand Symposium in Bangkok

Tim Castle, Chair of the UNCITRAL National Co-ordinating Committee of Australia, addresses the Thailand Arbitration Centre's 2016 UNCITRAL Thailand Symposium in Bankgok.

SafeWork (NSW) v Romanous Contractors; SafeWork (NSW v John Allen Romanous [2016] NSWDC 48

NSWDC Decision regarding CRIMINAL LAW – prosecution – work health and safety.

Comgroup Supplies Pty Ltd v Products for Industry Pty Ltd & Anor [2016] QCA 88

QCA Decision regarding EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS – CONSTRUCTIVE TRUSTS.

Angelo Ferella v Key Nominees Pty Limited [2016] NSWDC 44

NSWDC Decision regarding APPEAL - Appeal from costs Review Panel.

Comgroup Supplies Pty Ltd v Products for Industry Pty Ltd & Anor [2016] QCA 88

QCA Decision regarding EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS – CONSTRUCTIVE TRUSTS.

National Road Transport Association Ltd v Road Safety Remuneration Tribunal [2016] FCAFC 56

FCAFC Decision regarding PRACTICE AND PROCEDURE – Application for prerogative remedies

AMZ15 v Minister for Immigration & Anor [2016] FCCA 473

FCCA Decision regarding MIGRATION – Review of decision of former Refugee Review Tribunal.

Robert Angyal SC critiques the High Court’s latest decision on illegality

Robert Angyal SC critiques the High Court of Australia's take on the law of illegality.

Australian Industry Group v Road Safety and Remuneration Tribunal [2016] FCA

FCA Decision regarding an injunction and the Road Safety and Remuneration Tribunal.

Stanizzo v The Secretary of the Department of Justice of New South Wales [2016] NSWSC 348

NSWSC Decision regarding administrative law and judicial review.

LFDB v SM (No 2) [2016] FCA 295

FCA Decision regarding practice and procedure.

Capogreco v Rogerson [2016] NSWCA 61

NSWCA Decision regarding appeal and costs.

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Stephens v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 31

Dattilo v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 17

Patrick Kenney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 16

Stiles v Commissioner for Fair Trading & Anor [2017] NSWCATAP 44

President Trump and International Law: Dr Christopher Ward SC’s speech

LFDB v SM (No 3) [2017] FCA 80

Children’s Human Rights & the Need for Special Protection: Report by Madeleine Bridgett

Tim Castle on Interpreting section 54 of the Insurance Contracts Act 1984 (Cth)

Jimenez v R [2017] NSWCCA 1

Department of Family & Community Services & Arthur [2017] FamCA 204 (24 January 2017)

Department of Family and Community Services & Arthur [2016] FamCA 1119

R v Fang (No. 2) [2016] NSWSC 1784

Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255

Arab Bank Australia Ltd v Sayde Developments Pty Ltd [2016] NSWCA 328

The Sharemarket College Pty Ltd & 2 Ors v ASIC [2016] AATA

Watkins Syndicate 0457 at Lloyds v Pantaenius Australia Pty Ltd and Others [2016] FCAFC 150

Riva NSW Pty Ltd v Key Nominees Pty Ltd [2016] NSWSC 1569

Fair Work Ombudsman v Yogurberry World Square Pty Ltd [2016] FCA 1290

Jausnik v Nominal Defendant (No 5) [2016] ACTSC 306

AMZ15 v Minister for Immigration and Border Protection [2016] FCA 1195

Mielczarek v Commissioner for Fair Trading [2016] NSWCATAP 217

CSL Australia Pty Ltd v Maritime Union of Australia [2016] FCA 1141

Lambert Leasing Inc. v QBE Insurance (Australia) Ltd [2016] NSWCA 254

Commonwealth of Australia (As Represented By The Department Of Infrastructure And Regional Development) v Phuong Mai Greenfield Pty Ltd [2016] FCCA 2228

Kekatos v Westpac Banking Corporation [2016] NSWCA 205

Kekatos v Westpac Banking Corporation [2016] NSWCA 205

Dr Christopher Ward SC reports on the significance of The South China Sea Arbitration

McDonald v Commissioner of Police (No 2) [2016] NSWIRComm 1032

Technology in ADR: Computers as Mediators

Wade v Commissioner for Fair Trading [2016] NSWCATAD 149

Willoughby City Council v Attorney General of NSW [2016] NSWSC 972

Special Commission of Inquiry into Greyhound Racing Industry in NSW

Commissioner of Police v Joseph [2016] NSWCATAP 124

Appearing for a party at a Family Provision Mediation

Arab Bank of Australia Ltd v Jeitani (No. 2) [2016] NSWSC 726

Great Investments Ltd v Warner [2016] FCAFC 85

Jingalong Pty Ltd v Todd & Anor [2016] NSWSC 715

In the matter of the status of Norfolk Island as a non-self-governing territory

Sayde Developments Pty Limited v Arab Bank Australia Limited [2016] NSWDC 76

Arab Bank of Australia Ltd v Jeitani [2016] NSWSC 617

Estate of Webster [2016] NSWSC 580

Dr Stephen Tully calls on international legal community to participate in Australia-China Extradition Treaty parliamentary inquiry

Zaps Transport (Aust) Pty Ltd v PJG Warehousing & Distribution Pty Ltd [2016] NSWCA 97

Xardia v Commissioner of Taxation & Commissioner of NSW Police; Xardia v Department of Defence [2016] NSWDC 63

Dr Stephen Tully calls on international legal community to participate in Australia-China Extradition Treaty parliamentary inquiry

Transport Industry General Carriers Contract Determination [2016] NSWIRComm 3

Klazidis v Commissioner of Police [2016] NSWIRComm 1014

Tim Castle addresses 2016 UNCITRAL Thailand Symposium in Bangkok

Tim Castle addresses 2016 UNCITRAL Thailand Symposium in Bangkok

SafeWork (NSW) v Romanous Contractors; SafeWork (NSW v John Allen Romanous [2016] NSWDC 48

Comgroup Supplies Pty Ltd v Products for Industry Pty Ltd & Anor [2016] QCA 88

Angelo Ferella v Key Nominees Pty Limited [2016] NSWDC 44

Comgroup Supplies Pty Ltd v Products for Industry Pty Ltd & Anor [2016] QCA 88

National Road Transport Association Ltd v Road Safety Remuneration Tribunal [2016] FCAFC 56

AMZ15 v Minister for Immigration & Anor [2016] FCCA 473

Robert Angyal SC critiques the High Court’s latest decision on illegality

Australian Industry Group v Road Safety and Remuneration Tribunal [2016] FCA

Stanizzo v The Secretary of the Department of Justice of New South Wales [2016] NSWSC 348

LFDB v SM (No 2) [2016] FCA 295

Capogreco v Rogerson [2016] NSWCA 61