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Best Lawyers 2025
Best Lawyers 2025Congratulations to our eight barristers who were featured in 2025 edition of Best Lawyers for their expertise in various areas of law: 1.      The Hon P A Bergin AO SC – Alternative Dispute Resolution 2.      Katrina Howard SC – Intellectual Property Law 3.      Jack Hynes – Insolvency and Reorganisation Law 4.      Mark Newton – Insurance Law 5.      Michael Swanson – Shipping and Maritime Law 6.      Frank Tao – Insolvency and Reorganisation Law 7.      Josh Sukkar – featured on the Ones to Watch list for Insurance Law 8.      Andrew Berriman – also featured on the Ones to Watch list for International Arbitration and Litigation See the listings here. [...] Read more...
Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd [2025] NSWSC 322
Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd [2025] NSWSC 322On Friday, 4 April 2025, the Supreme Court of NSW (Stevenson J) delivered judgment in Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd  NSWSC 322, in which Andre Zahra SC and Nicole Maddocks appeared (instructed by Chris Freeman of Christopher C Freeman & Co) for the successful plaintiff/cross-defendant, Andrews & Andrews Construction Pty Ltd. The case concerned a construction dispute in relation to a high quality residential development and in which the defendants/owners sought to avoid payment for part of the works. The judgment considered the proper construction of the building contract and, in particular, a special condition which obliged the parties to cooperate to obtain the most competitive price for works to be undertaken and for a minimum of two quotations to be obtained for each item of work. The defendants/cross-claimants argued that the plaintiff had breached the special condition by failing to obtain two quotations for each item and that they were entitled to damages/set-off against the amount owing to the plaintiff. The defendants/cross-claimants also sought to invoke the “facilitation principle” to assist them in seeking to prove their alleged loss, relying on the High Court’s recent judgment in Cessnock City Council v 123 259 932 Pty Ltd  HCA 17. Stevenson J found that, on the proper construction of the special condition, the obligation to obtain two quotations was a joint obligation on all parties, not amenable to suit by one against the other, and that the special condition was merely exhortatory rather than a promissory condition which could be enforced by damages. His Honour otherwise concluded that the defendants/cross-claimants’ attempt to rely upon the facilitation principle (had the Court found that the special condition was breached – which it did not) could not be justified in the circumstances, which included the defendants belatedly first seeking to invoke it in opening submissions made shortly prior to the commencement of the hearing, despite the proceedings having been on foot for a number of years. His Honour concluded that the plaintiff was entitled to judgment for the full amount claimed, together with interest and costs. See the full judgment here. [...] Read more...
Naaman v Jaken Properties Australia Pty Limited & Ors [2025] HCA 1
Naaman v Jaken Properties Australia Pty Limited & Ors [2025] HCA 1Today, in a decision of great significance for the law of trusts, the High Court dismissed an appeal from a decision of the New South Wales Court of Appeal. John Kelly SC, Simon Shepherd and Adrian Maroya appeared for the successful respondents (who succeeded as appellants in the Court of Appeal). The High Court appeal concerned whether a successor trustee owes a fiduciary obligation to a former trustee in respect of the former trustee’s entitlement to be indemnified out of trust assets (or the commensurate beneficial interest in the trust assets that the former trustee retains) following replacement of the former trustee by the successor trustee. The High Court (by majority) held that a successor trustee does not owe a fiduciary obligation to a former trustee in respect of the entitlement of the former trustee to indemnification out of the trust assets, or the commensurate beneficial interest that the former trustee has in the trust assets. The majority held that the explanation for that answer lies in the nature of a trustee’s entitlement to indemnification out of the trust assets being an entitlement to have the trust assets applied for the purpose of recouping expenditure or exonerating liability properly incurred by the trustee. Accordingly, the remedies of equitable compensation and account are not available to the former trustee against the third parties. Read the full judgment here: https://eresources.hcourt.gov.au/downloadPdf/2025/HCA/1 [...] Read more...
Chambers and Partners 2025 Asia Pacific Guide
Chambers and Partners 2025 Asia Pacific GuidePlease join us in congratulating Katrina Howard SC for being recognised in Chambers and Partners 2025 Asia Pacific Guide. Katrina continues to be the only female silk ranked in Band 1 of the Intellectual Property: The Bar – Australia listings. See the rankings here. [...] Read more...
Doyle’s Guide – Leading Wills & Estates Litigation Senior Counsel – NSW 2024
Doyle’s Guide – Leading Wills & Estates Litigation Senior Counsel – NSW 2024Congratulations to Michelle Painter SC for her inclusion in the Doyle’s Guide rankings for Leading Wills & Estates Litigation Senior Counsel – New South Wales, 2024. See the full guide here. [...] Read more...
Doyle’s Guide – Leading Class Action Barristers – Australia, 2024
Doyle’s Guide – Leading Class Action Barristers – Australia, 2024Congratulations to Thomas Bagley for his inclusion in the Doyle’s Guide rankings for Leading Class Action Barristers – Australia, 2024. [...] Read more...
Australian College of Strata Lawyers 2024 conference
Australian College of Strata Lawyers 2024 conferenceDavid Knoll regularly presents updates for the profession in the field of Strata and Community Title. His most recent paper, presented on 6 March 2024 at the Australian College of Strata Lawyers 2024 conference was entitled: “Liability for Breach of Statutory Duty”. The focus was primarily on water ingress cases and the capacity of Tribunals to award damages to lot owners, which differs across the Australian States and Territories. A pdf extract can found be here. [...] Read more...
Justice of the Piece – AFR
Justice of the Piece – AFRMichelle Painter SC receives a feature in the The Australian Financial Review‘s latest article “Justice of the Piece”. Her curated chambers and collection of Asian-origin headpieces are displayed alongside the grand collections of The Hon Chief Justice Andrew Bell, The Hon Justice John Sackar KC, The Hon Justice Richard Weinstein SC and Laina Chan of 2 Selborne Chambers. Explore the collections of the Bench and Bar in the full article here. [...] Read more...
Liprini v Thirdi William Street Pty Ltd [2023] NSWSC 1375
Liprini v Thirdi William Street Pty Ltd [2023] NSWSC 1375Junioring Frank Hicks SC, Michael Swanson successfully defends his client against security for costs in a representative proceedings. Justice Ball was asked to considered whether security for costs should be awarded against the lead applicant in a representative proceedings arising out of a residential construction development. The lead applicant and group members did not have the benefit of a litigation funder. The Court declined to make an order for security for costs as it would not have made one against the lead applicant or each of the group members if they had brought proceedings individually. The decision considers the relevance of UCPR 42.21 to representative proceedings and the role of litigation funders when ordering security for costs. Read the full judgement here: https://www.caselaw.nsw.gov.au/decision/18bc6230c0c755f20bad5a88 [...] Read more...
Doyle’s Guide Leading Professional Indemnity Senior Counsel and Junior Counsel – New South Wales, 2023
Doyle’s Guide Leading Professional Indemnity Senior Counsel and Junior Counsel – New South Wales, 2023We are pleased to announce Andre Zahra SC and Mark Newton have been listed in the latest edition of Doyle’s Guide‘s Leading Professional Indemnity Senior Counsel and Junior Counsel – New South Wales, 2023.     [...] Read more...
Journal of Property, Planning and Environmental Law
Journal of Property, Planning and Environmental LawDavid Knoll AM’s article entitled: “Quality standards for tribunal decision making in strata disputes” has been published by the Journal of Property, Planning and Environmental Law this month.   The article analyses decisions across Australia in which tribunal decisions are appealed by reason of the poor quality of the decision making. Knoll contends that the impact on community living of uncorrected poor quality tribunal decisions can be immense, depending on the degree of error. For example, water ingress into people’s homes might remain unremedied for many years.   Read the online version here. [...] Read more...
Artificial Intelligence CPD – Wednesday 13 September
Artificial Intelligence CPD – Wednesday 13 SeptemberNinth Floor Selborne Chambers would like to invite you to our upcoming virtual CPD on Artificial Intelligence, presented by Sam Adair, Phillip Lonergan and Josh Sukkar, and chaired by Michelle Painter SC. The event will be hosted via zoom on Wednesday 13 September at 1:00pm. We hope you to see you there. To dial in, please use the following link: https://us02web.zoom.us/j/84700238025 To be sent a calendar invitation, please contact the clerk, Ella Baxendale, at ebaxendale@selbornechambers.com.au.   [...] Read more...
Doyle’s Guide Leading Insolvency & Restructuring Junior Counsel – NSW 2023
Doyle’s Guide Leading Insolvency & Restructuring Junior Counsel – NSW 2023Congratulations to Jack Hynes for his preeminent ranking in the 2023 listing of Leading Insolvency & Restructuring Junior Counsel in NSW.   [...] Read more...
We are pleased to welcome our new reader, Josh Sukkar.
We are pleased to welcome our new reader, Josh Sukkar.Josh joins us from Barry. Nilsson. Lawyers, where he was a Senior Associate acting and advising on insurance coverage, public and products liability, construction and property damage, commercial transactions and professional indemnity disputes. Josh accepts briefs in all areas of the law, with a particular emphasis on: –     Insurance and Reinsurance (incl. coverage and dual insurance disputes) –     Professional Negligence –     Common Law (incl. Personal Injury, Intentional Torts, and Products Liability) –     Consumer Protection and Trade Practices –     Building and Construction –     Regulatory Prosecutions –     Contracts and Commercial Transactions –     Real Property –     Corporations Law Josh can be contacted on 02 8915 2133 or jsukkar@selbornechambers.com.au, or through his Clerk, Ella Baxendale on 02 8915 2101. We all look forward to working with Josh during his reading year and in the years to come.   [...] Read more...
Best Lawyers 2024
Best Lawyers 2024Congratulations to Katrina Howard SC, who has been recognised in the 2024 edition of Best Lawyers Australia for her work in Intellectual Property law. We would like to extend our thanks to the peers that voted for Katrina.   [...] Read more...
Welcome Sam Adair!
Welcome Sam Adair!Ninth Floor Selborne Chambers is delighted to announce a new addition to our floor – Sam Adair! Sam is a leading barrister in the areas of insurance law and professional liability. His strong commercial practice includes matters in building and construction law, class actions, consumer protection, contracts, corporations law, ADR, real property, strata law and trusts.   [...] Read more...
Andre Zahra SC successfully defends client, Sparke Helmore, in NSW Court of Appeal
Andre Zahra SC successfully defends client, Sparke Helmore, in NSW Court of AppealAndre Zahra SC, and his junior Jonathan Burnett from 11 Wentworth Chambers, successfully defended their client, Sparke Helmore, in the NSW Court of Appeal against claims of professional negligence for allegedly failing to remind a client of advice they had already given. The Court of Appeal overturned the judgment of the primary judge and dismissed all claims against Sparke Helmore with costs, following the “general rule” that a solicitor is not negligent in failing to remind a client of advice already given or to advise the client of what the client already knows.   [...] Read more...
Ian Faulkner SC and David Knoll AM successfully defend stolen money claim brought by Westpac.
Ian Faulkner SC and David Knoll AM successfully defend stolen money claim brought by Westpac.Westpac had claimed that their client, a Greek machinery manufacturer, A. Giamouridis P.C., had received $12.6 million obtained fraudulently from the bank by Bill Papas, and that the client was required to pay that money back to the bank under the rule in Black v S Freedman & Company (1910) 12 CLR 105. However, in defending the claim they submitted that all of the funds were used to pay for machines that were ordered, and that their client was wholly innocent of any knowledge of breach of trust by Mr Papas and his companies. Part way through a three week hearing, the case against Giamouridis settled today, 10 February 2023, with the bank’s claim dismissed, and Giamouridis not paying any money to the bank.     [...] Read more...
We are delighted to see our barrister’s listed in The Legal 500 Asia-Pacific 2023 rankings.
We are delighted to see our barrister’s listed in The Legal 500 Asia-Pacific 2023 rankings.Katrina Howard SC has been recognised as a Leading Silk in TMT and IP law, with Andre Zahra SC and Thomas Bagley being recognised as Leading Senior and Junior Counsel in Commercial Disputes.     [...] Read more...
Doyle’s Guide’s Leading Professional Indemnity Senior Counsel – New South Wales, 2022
Doyle’s Guide’s Leading Professional Indemnity Senior Counsel – New South Wales, 2022We are pleased to announce Andre Zahra SC has been listed as Recommended in the latest edition of Doyle’s Guide‘s Leading Professional Indemnity Senior Counsel – New South Wales, 2022   [...] Read more...
Doyle’s Guide’s Leading Insolvency & Restructuring Junior Counsel – Australia, 2022
Doyle’s Guide’s Leading Insolvency & Restructuring Junior Counsel – Australia, 2022We are pleased to announce Jack Hynes has been listed as Preeminent in the latest edition of Doyle’s Guide‘s Leading Insolvency & Restructuring Junior Counsel – Australia, 2022.     [...] Read more...
Doyle’s Guide’s list of Leading Class Actions Barristers – Australia, 2022
Doyle’s Guide’s list of Leading Class Actions Barristers – Australia, 2022Congratulations to Thomas Bagley, who has been recognised in Doyle’s Guide‘s list of Leading Class Actions Barristers – Australia, 2021   [...] Read more...
Admin Law CPD
Admin Law CPDPlease join us for a virtual CPD on Admin Law, presented by Michelle Painter SC, Garry McGrath SC, Nicole Maddocks and Phillip Thomas.   https://us02web.zoom.us/j/4877166073?pwd=bkxEN0VXd1VQcEZBb2pSU1I0cnpHdz09 Password: 9SelbCPD   [...] Read more...
Doyle’s Guide’s list of Leading Intellectual Property Senior Counsel – New South Wales, 2022.
Doyle’s Guide’s list of Leading Intellectual Property Senior Counsel – New South Wales, 2022.Congratulations to Katrina Howard SC has been recognised in Doyle’s Guide listing of Leading Intellectual Property Senior Counsel – New South Wales, 2022.   [...] Read more...
“Leading light” Katrina Howard SC presented on important recent cases in which she has been involved as part of the Super Patent Session at The Institute of Patent and Trade Mark Attorneys of Australia (IPTA) Annual Conference last week.
Katrina Howard SC has been recognised as one of the Best Lawyers in Australia in 2023 for Intellectual Property Law.
Congratulations to Mark Newton for being listed as Preeminent Doyle’s Guide list of Leading Professional Indemnity Junior Counsel
Congratulations to Mark Newton for being listed as Preeminent Doyle’s Guide list of Leading Professional Indemnity Junior CounselThe 2021 listing of leading New South Wales Professional Indemnity Junior Counsel details counsel practising within the areas of professional indemnity and negligence matters in the Insurance legal market who have been identified by the state’s defendant insurance and plaintiff personal injury lawyers for their expertise and abilities in these areas.  [...] Read more...
2 Congratulations to Mark Newton for being listed as Leading Junior Counsel on the Doyle’s Guide list of Leading Professional Indemnity Junior Counsel- New South Wales, 2020
2 Congratulations to Mark Newton for being listed as Leading Junior Counsel on the Doyle’s Guide list of Leading Professional Indemnity Junior Counsel- New South Wales, 2020The 2020 listing of leading New South Wales Professional Indemnity Junior Counsel details counsel practising within the areas of professional indemnity and negligence matters in the Insurance legal market who have been identified by the state’s defendant insurance and plaintiff personal injury lawyers for their expertise and abilities in … [...] Read more...
Best Lawyers 2026
Best Lawyers 2026We’re proud to celebrate ten of our barristers who have been recognised in the 2026 edition of Best Lawyers for their outstanding expertise across a range of practice areas. Congratulations to: The Hon P A Bergin AO SC – Alternative Dispute Resolution Katrina Howard SC – Intellectual Property Law Jack Hynes – Insolvency and Reorganisation Law Ben Koch – Banking and Finance and Insolvency and Reorganisation Law Mark Newton – Insurance Law Michael Swanson – Shipping and Maritime Law Frank Tao – Insolvency and Reorganisation Law Josh Sukkar – Insurance Law (Ones to Watch) Andrew Berriman – International Arbitration and Litigation (Ones to Watch) Sefton Powrie – Insolvency and Reorganisation Law (Ones to Watch View the full listings here. [...] Read more...
Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd [2025] NSWSC 322
Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd [2025] NSWSC 322On Friday, 4 April 2025, the Supreme Court of NSW (Stevenson J) delivered judgment in Andrews & Andrews Construction Pty Ltd v Yao; Yao v Andrews & Andrews Construction Pty Ltd  NSWSC 322, in which Andre Zahra SC and Nicole Maddocks appeared (instructed by Chris Freeman of Christopher C Freeman & Co) for the successful plaintiff/cross-defendant, Andrews & Andrews Construction Pty Ltd. The case concerned a construction dispute in relation to a high quality residential development and in which the defendants/owners sought to avoid payment for part of the works. The judgment considered the proper construction of the building contract and, in particular, a special condition which obliged the parties to cooperate to obtain the most competitive price for works to be undertaken and for a minimum of two quotations to be obtained for each item of work. The defendants/cross-claimants argued that the plaintiff had breached the special condition by failing to obtain two quotations for each item and that they were entitled to damages/set-off against the amount owing to the plaintiff. The defendants/cross-claimants also sought to invoke the “facilitation principle” to assist them in seeking to prove their alleged loss, relying on the High Court’s recent judgment in Cessnock City Council v 123 259 932 Pty Ltd  HCA 17. Stevenson J found that, on the proper construction of the special condition, the obligation to obtain two quotations was a joint obligation on all parties, not amenable to suit by one against the other, and that the special condition was merely exhortatory rather than a promissory condition which could be enforced by damages. His Honour otherwise concluded that the defendants/cross-claimants’ attempt to rely upon the facilitation principle (had the Court found that the special condition was breached – which it did not) could not be justified in the circumstances, which included the defendants belatedly first seeking to invoke it in opening submissions made shortly prior to the commencement of the hearing, despite the proceedings having been on foot for a number of years. His Honour concluded that the plaintiff was entitled to judgment for the full amount claimed, together with interest and costs. See the full judgment here. [...] Read more...
Congratulations to Mark Newton for being listed as Leading Junior Counsel on the Doyle’s Guide list of Leading Professional Indemnity Junior Counsel- New South Wales, 2020
Congratulations to Mark Newton for being listed as Leading Junior Counsel on the Doyle’s Guide list of Leading Professional Indemnity Junior Counsel- New South Wales, 2020The 2020 listing of leading New South Wales Professional Indemnity Junior Counsel details counsel practising within the areas of professional indemnity and negligence matters in the Insurance legal market who have been identified by the state’s defendant insurance and plaintiff personal injury lawyers for their expertise and abilities in … [...] Read more...

Congratulations to Mark Newton for being listed as Leading Junior Counsel on the Doyle’s Guide list of Leading Professional Indemnity Junior Counsel- New South Wales, 2020

The 2020 listing of leading New South Wales Professional Indemnity Junior Counsel details counsel practising within the areas of professional indemnity andnegligence matters in the Insurance legal market who have been identified by the state’s defendant insurance and plaintiff personal injury lawyers for their expertise and abilities in

Doyle's Guide Leading Commercial Litigation & Dispute Resolution Junior Counsel- NSW 2021.

Congratulations to Jack Hynes for being listed as Recommended Junior Counsel on the Doyle's Guide list of Leading Commercial Litigation & Dispute Resolution Junior Counsel- New South Wales, 2021.

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Covid-19 Chambers Update

In line with the NSW Government’s order to stay at home, the staff and members of Ninth Floor Selborne Chambers are currently working remotely. Our barristers are fully connected for virtual conferences and hearings, and continue to provide advice and appear at hearings during this time.

For any enquires, contact details, or deliveries, please contact our Clerk, Ella Baxendale.

Phone: 0422 140 704
Email: ebaxendale@selbornechambers.com.au

Barristers may also be contacted directly by telephone or email. All relevant contact details may be found on our website at www.9selborne.com.au.

Subject to further Government requirements, we expect our return to Chambers to be on Monday, 12 July 2021. We encourage the use of electronic briefs and video conferencing until this time.

 

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The Honorable P A Bergin SC appointed as an Officer of the Order of Australia

The members and licensees of Ninth Floor Selborne Chambers are delighted to offer their congratulations to the Honourable Patricia Anne Bergin AO SC, on the occasion of her appointment as an Officer of the Order of Australia for her distinguished service to the law, and to the judiciary, to legal administration, and as a mentor and advisor. Congratulations Paddy!

 

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Celebration of André Zahra's appointment as Senior Counsel

Last night we were finally able to celebrate Andre Zahra SC’s appointment as silk. It was a momentous occasion witnessed by current and previous members of Ninth Floor Selborne Chambers and their partners.
Congratulations André!

 

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