Conflict of Laws Archives - 13wentworthselbornechambers
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Conflict of Laws

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Benjamin Kasep Ben was formerly an Associate Lecturer in Constitutional Law at the University of Western Sydney School of Law. He has also authored and presented the following publications: Stripping the Corporate Veil in Tax Matters (Australian Taxation Office ‘Entity Structures’ Technical Conference, 31 May 2013); Calderbank Offers (College of Law, 25 March 2008); and A Comment on Professor John Petrila: The US Supreme Court and the New Federalism: Revolution of Passing Fancy (paper presented to the Constitutional Law Section of the New South Wales Bar Association and the New South Wales Chapter of the Australian Association of Constitutional Law, Sydney, 14 April 2005). [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Administrative Law Commercial Law Conflict of Laws Constitutional Law Equity & Trusts Family Law International Commercial Arbitration & Mediation Real Property Law Tax & Revenue Law Trade Practices & Competition [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications Bachelor of International Studies, University of Western Sydney Bachelor of Laws (Honours I), University of Western Sydney Graduate Diploma of Legal Practice, University of Western Sydney[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership NSW Bar Association Human Rights Committee (2006 to 2009) International Institute of Space Law (2010 – Present)[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Taxation Law AP Group Ltd v Commissioner of Taxation [2013] FCAFC 105; 214 FCR 301; 2013 ATC ¶20-417—Whether automotive industry “incentive payments” consideration for supplies under the GST Act (led by Michael Wigney SC); Yacoub v Commissioner of Taxation [2012] FCA 678; 292 ALR 128; 83 ATR 722; 2012 ATC ¶20-328—Property development − Whether applicants partners in a partnership or participants in a “non-entity joint venture” under the GST Act; ECC South Bank Pty Ltd v Commissioner of Taxation [2012] FCA 795; 205 FCR 505; 87 ATR 902; [2012] Q ConvR ¶54-780; 2012 ATC ¶20-336—Whether student accommodation a supply of “commercial residential premises” under s 40-35(1) of the GST Act (led by Jane Needham SC); Travelex Ltd v Commissioner of Taxation [2010] HCA 33; 241 CLR 510; 270 ALR; 84 ALJR 683; 76 ATR 329; 2010 ATC ¶20-214—Foreign currency exchange – Whether a supply of money is a “supply made in relation to rights” under s 38-190 of the GST Act (led by Stephen Gageler SC, Solicitor-General of the Commonwealth of Australia); KAP Motors Pty Ltd v Commissioner of Taxation [2008] FCA 159; 168 FCR 319; 246 ALR 395; 69 ATR 927; 2008 ATC ¶20-007—Entitlement to refund of over-paid GST – Whether over-paid GST held on constructive trust (led by Stephen Gageler SC); Constitutional Law/Administrative Law  Commissioner of Taxation v Pham [2013] FCA 579; 60 AAR 264; 134 ALD 534—Non-publication order – Judicial review – Whether AAT fell into jurisdictional error by failing to take into account relevant considerations – Whether findings unsupported by evidence (led by Michael Wigney SC); R v LK; R v RK [2010] HCA 17; 241 CLR 177; 266 ALR 399; 84 ALJR 395; 202 A Crim R 522—Conspiracy – Crown appeal against directed acquittal – Trial by jury and s 80 of the Constitution – Whether Crown appeal infringes the inviolability of a jury’s verdict of acquittal (led by T E F Hughes AO QC); Fleming v Talagi, High Court of Niue, Action No. CV1 of 2010—Dismissal of Financial Secretary – Whether Premier of Niue committed misfeasance in public office – Whether damages available for breaches of the Constitution of Niue (led by Dr Gerard McCoy SBS QC SC of the Hong Kong Bar); Qarase v Bainimarama [2008] FJHC 241—Executive powers – Dismissal of Prime Minister of Fiji – Whether military coup d’état grounds for invoking doctrine of necessity (led by Dr Gerard McCoy SBS QC SC of the Hong Kong Bar); Commercial Law Thomson Aviation Pty Ltd v Dufresne [2011] NSWSC 864—Cross-claim brought against British Columbia company alleging breach of contract – Whether Supreme Court of New South Wales a “clearly inappropriate forum” for the determination of the cross-claim – Determining the “proper law” of the contract; Smythe v Thomas [2007] NSWSC 844; 71 NSWLR 537; (2008) Aust Contract R ¶90-271—Whether ‘eBay auction’ gives rise to an enforceable contract – Whether specific performance available; Davis v Westpac Life Insurance Services [2007] NSWCA 175; 226 FLR 285; (2008) 15 ANZ Ins Cas ¶90-132—Avoidance under the Insurance Contracts Act 1984 (Cth) (led by John Graves SC); Medfin Australia Pty Ltd v Rafter [2007] NSWDC 72; 4 DCLR (NSW) 272—Hire purchase agreement – Contractual penalties; Buchanan v Crown & Gleeson Business Finance Pty Ltd [2006] NSWSC 1465; 13 BPR 24,513; (2007) NSW ConvR ¶56-173—Caveats – Balance of convenience; Young v Lalic [2006] NSWSC 18; 197 FLR 27—Resulting and constructive trusts – Equitable estoppel – Tracing – Jurisdiction of the Supreme Court under the Family Law Act 1975 (Cth). [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications Available for Download Calderbank Offers 1/01/2014 Caldberbank Offers 1/01/2001 [/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Navid Sedaghati Possessing a wealth of knowledge and experience across a broad range of practice areas, Navid brings 18 years of litigation experience when advising and advocating for clients. Navid’s core areas of practice include Commercial Law, Corporations Law, Building and Construction Law, and Private International Law. His practice extends to the banking, finance, property, engineering, information technology, intellectual property, telecommunications, energy, oil, gas, mining, shipping, maritime and fast-moving consumer goods sectors. Navid also possesses particular expertise in international law and in matters where cross-jurisdictional issues arise. Such expertise extends to representing clients in international commercial arbitrations and mediations. Navid has been admitted as a Barrister in Australia and New Zealand, as a Registered Foreign Lawyer of the Singapore International Commercial Court and as a Solicitor of the Senior Courts of England and Wales. The diverse range of clients for whom he has acted include individuals and boutique companies, to some of Australia’s and the world’s most recognised corporations and brands, including Panasonic, Telstra, Vodafone, Optus, Burkert, KNet Technology and Blackmores. Prior to being called to the Bar, Navid was a Partner of a law firm and General Counsel at one of Australia’s leading beverage companies. The depth and breadth of his experience in legal practice gained through successfully representing or supervising more than 4,000 legal matters has served to bolster his legal and commercial acumen, as well as his client skills. His extensive experience in litigation, compliance, corporate governance and risk allows him to take a well balanced approach to the resolution of his clients’ disputes. In this way, Navid is highly skilled in identifying and allocating risk and seeking effective solutions, and he uses this for the advantage of his clients when advising or representing them in courts and alternative dispute resolution forums. He is commended for his technical knowledge, ability to think laterally and commercially, as well as his highly-developed negotiation and research skills. He also possesses a strong ability to quickly navigate through vast amounts of information and identify novel ideas to resolve complex legal issues. Navid’s qualifications include degrees in Law, Economics, Banking and Finance, a Master of Laws and he is currently in the final stages of completing his Doctorate. He is an accredited mediator pursuant to the Australian National Mediator Accreditation System (NMAS) and a NSW Bar Association accredited mediator. Navid is a member of the 2019-20 Alternative Dispute Resolution Committee of the NSW Bar Association and a lecturer and tutor for the University of Technology Sydney, teaching civil practice, corporate law and evidence. Navid is available to represent clients in legal matters, including in arbitrations and mediations, in all Australian jurisdictions, Singapore, New Zealand, England, British Overseas Territories and upon request, may consider matters in other countries. Personal Website:  www.navidsedaghati.com.au [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Arbitrators Bankruptcy & Insolvency Building & Construction Law Commercial Law Corporations Law Equity & Trusts International Commercial Arbitration & Mediation International Law (Public & Private) Mediators [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Qualifications 2019 Doctor of Business Administration (DBA): Queensland University of Technology 2017 Oxford Advanced Management and Leadership Programme: Said Business School, University of Oxford 2017 ADC Mediator Accrediation: Australian Disputes Centre 2017 ADC Mediation Skills, Techniques and Practice Course: Australian Disputes Centre 2015 Graduate Certificate in Compliance Management: Governance Risk Compliance Institute 2011 Certificate IV in Building and Construction (Building): Master Builders Association of NSW 2007 The Chairman Course by Graham Bradley AM: Australian Institute of Company Directors 2007 Project Management: University of Sydney 2006 Company Directors Course Diploma: Australian Institute of Company Directors 2003 Master of Laws: Australian National University, Canberra 2001 Bachelor of Laws: University of Western Sydney 1999 Bachelor of Economics (Economics / Banking & Finance): University of Western Sydney 1998 Clearing House Electronic Subregister System (CHESS) Settlements: Australian Securities Exchange (ASX) and Securities Institute of Australia [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Membership 2017 Admitted as a Barrister in Australia 2017 Admitted as a Barrister in New Zealand 2017 Accredited Mediator of the Australian National Mediator Accreditation System (NMAS) 2016 Admitted as a Registered Foreign Lawyer of the Singapore International Commercial Court 2010 Admitted as a Solicitor of the Senior Courts of England and Wales 2010 Admitted as a Barrister and Solicitor of the High Court of New Zealand 2002 Admitted as a Solicitor and Barrister of the High Court of Australia Bar ADR accredited Mediator: New South Wales Bar Association Fellow: Financial Services Institute of Australasia Certified Compliance Professional Fellow: Governance Risk Compliance Institute Internationally Certified Compliance Professional: International Federation of Compliance Associations Member: New South Wales Bar Association Member: New Zealand Bar Association Member: Society of Construction Law Australia Member: The Commercial Law Association of Australia Member: Australian Institute of Company Directors (AICD) Member: Environment and Planning Law Association (NSW) Member: INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases Blackmores Limited v H MA Enterprises Pty Ltd & Anor [2018] NSWSC 129757 Vanguard Financial Planners Pty Ltd & Anor v Ale & Ors [2018] NSWSC 314 (led by Christopher Wood) Bazaarvoice Inc v Suede One to One Pty Limited and Panasonic Australia Pty Limited [2013] District Court, 200th Judicial District Travis County, Texas USA, No D-1-GN-13-004278. Think Spirits Pty Ltd v Vish Enterprises Pty Ltd [2011] NSWLC 285082 Brandup Business Solutions Pty Ltd v Maelstrom McCarthy Pty Ltd [2009] NSWDC 5702 Burkert Contromatic Australia Pty Ltd v Nicole Salazar [2009] NSWLC 1477 Residential Property Investments Pty Ltd v Leon Moses Raaff and Denoz Cranes Pty Ltd and Dennis Brijeski [2007] NSWDC 1032 Bellmarch Developments Pty Limited v Stoneleigh Designer Homes Pty Limited and Ors [2007] FMCA 1690 Sellect Properties (Aust) Pty Ltd v Master Property Holdings Pty Limited [2007] NSWSC 2865 Nick Jamons and Anor v Bellmarch Developments Pty Limited and JRJ Plumbing Services Pty Ltd [2007] NSWCTTT HB 07/24295 Jeffrey Edward Buhler and Fiona Buhler v Bradley Scott James Turner and Kelly Marie Lee Skelly Turner and Peter John Bayssari and Baycorp (NSW) Pty Ltd and Peter Lawrence Duffy and All Building Certifiers Pty Ltd and Repel Pest Management Pty Ltd [2006] NSWDC 3870 Peek Developments Pty Limited v Medium Density Management Pty Limited [2004] NSWLC 135 Office of Fair Trading v Solar Lifestyle Pty Limited [2004] NSWCTTT B04/3988 Turrell Building Services Pty Limited and Anor v Hudson Timber & Hardware Limited [2003] NSWLC 17485 Rageaway Pty Ltd v Pike’s Plant Hire & Services [2002] NSWSC 6154 [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Publications Publications, Seminars & Training Navid regularly conducts training sessions, and delivers tailored seminars and continuing legal education presentations, to lawyers and industry professionals regarding specialised legal issues and emerging legal developments, including: How to use Free Trade Agreements (FTAs), Bilateral and Regional Trade Agreements and International Law to Win Domestic Australian Commercial and Administrative Law Court Cases Using International Law, Free Trade Agreements (FTAs), Bilateral and Regional Trade Agreements to Win Court Cases for Australian Corporations in Overseas Jurisdictions Copyright Law, Defamation and Social Media – to the marketing department of corporations and communications agencies NSW Liquor Licence Obligations and Compliance – to compliance and accounting professionals Marketing Law, Advertising Code of Conduct and Liquor Promotion Guidelines – to the marketing department of corporations and communications agencies Contract Law, Dispute and Claim Prevention – to the sales force of corporations Corporate Law – to solicitors, Masters, post graduate and undergraduate law students at the University of Technology, Sydney The Law in Relation to the Admissibly of Evidence – to law students at the University of Technology, Sydney Repudiation of Contracts – to barristers and solicitors at the Off-Piste Continuing Legal Education Conference Law and Ethics – to banking, finance and securities practitioners and post graduate students for the Securities Institute of Australia [/vc_column_text][/vc_column][/vc_row]...

[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Frederico Singarajah, (London) Frederico has a broad commercial practice which focuses on high value, complex, international commercial litigation and arbitration. He prides himself on the quality of his written and oral advocacy across a wide spectrum of industry sectors, including banking, commodities, shipping, aviation, energy, mining, infrastructure and insurance & reinsurance cases. Many of his cases are multi-disciplinary, often involving issues of fraud or economic torts in a commercial context.   His niche expertise in Brazil & Latin America related disputes is well known and involves him in legal opinions on matters relating to contracts governed by English law, potential litigation in England & Wales and arbitrations around the world. His ability to speak native Portuguese and working knowledge of Spanish gives him a significant advantage over his counterparts. In addition to Latin America, his experience has led him to represent clients from all over the world, including the Ukraine, Cyprus, Portugal, Spain, Ghana and Angola.   Frederico is experienced in a variety of international arbitrations, regularly acting as sole counsel or arbitrator. He has advised and represented parties in international arbitrations under ICC, LCIA, UNCITRAL, SCC, CAM-CCBC and LMAA rules. His experience covers disputes in a wide variety of sectors including international sale of goods, commodities, oil & gas, mining, insurance & reinsurance, infrastructure, exclusive distribution, franchising and technology.   He has experience in working with English and foreign law international arbitrations, directly instructed by lawyers from around the world. He acts as sole counsel, often against English silks and senior foreign lawyers.   Frederico is a fellow of the Chartered Institute of Arbitrators and is pleased to accept instructions as a sole or panel arbitrator for international arbitrations in English, Portuguese or Spanish. Frederico can be reached at:- Hardwicke Chambers Hardwicke Building, New Square, Lincoln’s Inn, London WC2A 3SB; DX: LDE 393 T +44 (0)20 7242 2523 F +44 (0)20 7691 1234 Website : http://www.hardwicke.co.uk[/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Areas of Practice Conflict of Laws International Commercial Arbitration & Mediation International Law (Public & Private) [/vc_column_text][vc_separator type="normal" color="#000000" up="30" down="30"][/vc_column][/vc_row][vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text] Selected Cases SCC – €820k dispute on failure to deliver goods within contractual deadline.  Ad Hoc – U$110 million dispute on the breach of a ‘collateral management agreement’ involving parties in Ghana and Thailand. LMAA – U$2.6 million claim for breach of an agreement to supply iron ore under an amended FOB contract. UNCITRAL – U$20 million dispute for breach of exclusive distribution agreement under Brazilian law, representing Brazilian company against Chinese, state-owned company. LCIA (settled) – U$1.1 million dispute regarding the acquisition of a group of companies in the IT sector, advising majority shareholder against US Fund and UK acquiring group. ICC – A U$6.2 million dispute over a letter of credit for the purchase of human grade sugar from Brazil to Bangladesh, governed by Bangladeshi law. ICC – A U$75k dispute relating to a breach of an exclusive franchise agreement by a Turkish franchisee, granted by a Dutch company.[/vc_column_text][/vc_column][/vc_row]...