5 Wentworth

Philip has experience in preparing and drafting applications and submissions for special leave to the High Court and appeals to the NSW Court of Appeal and appearing in numerous appeals to the NSW Court of Appeal.

He regularly appears in trials in the Supreme and District Courts of NSW and interlocutory applications in those jurisdictions, involving complex major multi party disputes. He has particular expertise in the Australian Consumer Law and complex insurance disputes.

EMPLOYMENT HISTORY
Jan – July 1980 Associate to the Honourable Mr Justice RJB St John Federal Court of Australia, Sydney

July 1980 – Jan 1981 Associate to the Honourable Mr Justice JA Kelly Federal Court of Australia and ACT Supreme Court, Canberra

Jan 1984 – May 1986 Solicitor Legal Aid Commission

May 1986 – Dec 1986 Senior Legal Officer Attorney General’s Department, Canberra

Dec 1986 – Mar 1987 Solicitor Legal Aid Commission

Apr 1987 – Dec 1990
Solicitor, Phillips Fox

Areas of Practice
1. Professional negligence in the areas of Valuers/Real Estate Agents, Engineers, Architects and Solicitors
2. Liability of public authorities
3. Product liability
4. General liability
5. Insurance policy advices

Dec 1990 – July 1996
Partner, Watkins Tapsell

Areas of Practice
1. Professional negligence in the areas of Surveyors, Project Managers, Engineers and Insurance Brokers
2. Commercial litigation
3. Public liability

Aug 1996 – Oct 2000
Partner, Hicksons
Areas of Practice
1. Insurance law with particular emphasis on professional negligence in the areas of Insurance Brokers, Real Estate Agents, Engineers, Surveyors, Hospitals and Computer Consultants
2. Insurance Contracts Act matters involving construction of the Act and general claims handling
3. Insurance policy advices
4. Liability of public authorities
5. Trade Practices Act advices

Nov 2000 – July 2003
Partner, Hunt & Hunt

Areas of Practice
1. Insurance law with particular emphasis on professional negligence in the areas of Educational Institutions and general liability claims.
2. Reinsurance
3. Trade Practices Act

2004 – Date
Barrister at Law – 5 Wentworth Chambers, Sydney

APPOINTMENTS PREVIOUSLY/CURRENTLY HELD

An approved Bar/ADR scheme arbitrator for 2012/2013.

Expert Determiner – NSW Bar Association – 2010 to date

Court appointed mediator for the Federal Court of Australia (native title jurisdiction) – appointed May 2010 to date

Past Member of the Arbitration Committee of the Law
Society

Past Chairman of the Education and Seminars Committee of the Australian Insurance Law Association and Committee Member of the Australian Insurance Law Association from 1995 to 2000

Past Member of the Australian Insurance Institute and the Australian Insurance Law Association (1990 – 2011).

Past Accredited Specialist in both Commercial Litigation and Advocacy (Commercial Litigation)

Past Early Neutral Evaluator for the Supreme Court of NSW (2000 to 2004)

Past Arbitrator of the District and Supreme Courts of NSW (2000 to 2004)

Past Court Appointed Mediator of the Dust Diseases Tribunal (2000 to 2004)

Past Member of a Professional Conduct Committee of the NSW Bar Association (2007 – 2009)

PUBLICATIONS

Philip has presented and published papers on a range of topics to various forums in Sydney, Melbourne, London and New York. Copies of the papers are available upon request.

REPORTED CASES

Condon and Anor v Commissioner of Taxation and Ors [2004] NSWSC – On pleading/procedure under the Corporations Act.

SZPCW v Minister for Immigration and Multicultural & Indigenous Affairs [2005] FCA 3 May 2005 – On a question of administrative law error.

Thermasorb Pty Ltd v Rockdale Beef Pty Ltd [2005] NSWSC – On the question of the interstate transfer and consolidation of proceedings.

Fostif Pty Ltd v Campbells Cash & Carry Pty Ltd [2005] NSWCA 83 (31 March 2005 – On an issue of champerty and procedure.

Bassindale v Western Area Health Service [2006] NSWSC – On the question of the administration of Interrogatories and whether they were oppressive.

SZFWZ v Minister for Immigration & Multicultural Affairs [2007] FCA – On a question of administrative law error.

SZJCM V Minister for Immigration & Citizenship [2007] FCA – On the question of administrative law error.

SZIWW v Minister for Immigration & Citizenship [2007] FCA – On a question of administrative law error.

SZGZH v Minister for Immigration & Citizenship [2007] FCA – On a question of administrative law error.

Yerbury v Macquarie University [2007] NSWSC (15 June 2007) – On the question of undertakings as to confidentiality.

Bell v Veigel; Bell v Broughton; Broughton v Veigel [2008] NSWCA 36 – On the adequacy of reasons.

Kennett and Anor v Mayrana Pty Ltd and Ors (No 9) [2008] NSWIRCOMM 106 – On unfair contracts and expert evidence.

Davis v Veigel; Davis v Broughton; Bell v Veigel; Bell v Broughton [2011] NSWCA 170 – On the adequacy of reasons, primary judge’s findings credit-based – whether alleged errors in primary judge’s reasoning sufficient to vitiate decision and pleadings issue – UCPR r 14.14(2)(a)