Anthony specialises in arbitration and mediation, commercial law, equity, corporations law, insurance law, professional indemnity, property and sports law with a particular interest in banking and insolvency in respect of which he has written and presented extensively.

Although a general commercial Silk, he has been described by “Doyle’s Guide to the Australian Legal Profession” – 2011, 2015, 2016 and 2017 as one of Sydney’s and Australia’s leading insolvency Silks.

Admissions

  • Silk: Appointed Senior Counsel on 6 October 2011
  • Barrister: 9 August 1996
  • Solicitor: 3 July 1987
  • Admitted in NSW, Victoria and Queensland and eligible to appear in all States and Territories of Australia

Degrees and accreditations

  • BA (University of Sydney, 1985)
  • LLB (University of Sydney, 1987)
  • LLM (University of Sydney, 1996)
  • Accredited Mediator (LEADR) (1993)
  • National Accredited Mediator (2008)
  • Arbitrator (2010)
  • Expert Determiner (2010)
  • Advanced Mediator Accreditation (LEADR) (2013)
  • International Mediation Institute (IMI) Certified Mediator (2017)
  • Singapore International Mediation Institute (SIMI) Certified Mediator (2017)

Appointments

Professional

  • Court of Arbitration for Sport, Arbitrator and Mediator
  • Supreme Court of New South Wales Mediation Panel
  • District Court of New South Wales Mediation Panel
  • District Court of New South Wales Arbitration Panel
  • Local Court of New South Wales Arbitration Panel
  • Member of the Chartered Institute of Arbitrators (MCIArb)
  • Resolution Institute (formerly LEADR) Advanced Mediation Panel
  • Fellow, Resolution Institute
  • Fellow, Australian Centre for International Commercial Arbitration (ACICA)
  • ACICA Arbitration Panel
  • ACICA Mediation Panel
  • International Mediation Institute Panel of Mediators
  • Singapore International Mediation Institute Panel of Mediators
  • Member, NSW Bar Association, ADR Committee

Academic

  • General Editor, Banking and Finance Law of Australia (LexisNexis) (2014 – )
  • Editorial Panel of the Insolvency Law Bulletin (LexisNexis Butterworths) (1992 – )
  • Editorial Panel of the Australian Banking & Finance Law Bulletin (LexisNexis Butterworths) (1990-2013) (2016 –   )
  • Editorial Panel of the Australian Civil Liability Bulletin (LexisNexis Butterworths 2008 – )

Quasi-Judicial Bodies

  • Court of Arbitration for Sport – Arbitrator and Mediator
  • Football Federation Australia (FFA) Appeals Committee – Member
  • FFA Disciplinary and Ethics Committee – Member
  • Appeals Tribunal of Football NSW – Chair
  • AFL Appeals Board (NSW/ACT) – Member
  • National Rugby League (NRL) – Judiciary Counsel

Practice Areas

  • Administrative law
  • Alternative Dispute Resolution (including mediation and arbitration)
  • Banking, finance and securities law
  • Commercial (including contract law)
  • Consumer protection
  • Corporations law
  • Equity
  • Insolvency
  • Insurance
  • Partnerships
  • Professional Indemnity
  • Product liability
  • Property
  • Representative proceedings
  • Sports law

Anthony regularly advises and has appeared for:

  • The ACT Government.
  • Applicants and Group Members in class actions including arising out of the collapse of Storm Financial Pty Ltd (in liq) and Westpoint Corporation (in liq).
  • ASIC in relation to breaches of continuous disclosure provisions, breaches of market manipulation requirements, misleading and deceptive conduct and unconscionable conduct.
  • Banks and other financial institutions in relation to the enforcement of security interests (including mortgages, charges and guarantees) and in relation to banker/customer disputes (including conversion of cheques and cheque law generally, authorities to transact on accounts and issues that have arisen in relation to safety deposits).
  • Creditors of insolvent companies and individuals.
  • Directors in relation to breach of directors’ duties and insolvent trading claims, which are the subject of public examination by insolvency administrators and/or investigations by the ASIC.
  • Insolvency administrators (voluntary administrators, receivers, trustees in bankruptcy and liquidators) as regards a multitude of issues that often arise in the course of an administration including applications to the Court in relation to the operation of Part 5.3A of the Corporations Act 2001, proceedings under Part 5.6 of the Corporations Act 2001 (including proceedings to set aside statutory demands and contested applications to wind-up companies), proceedings under Part 5.7B of the Corporations Act 2001 (including proceedings for the recovery of compensation for unfair preferences and other uncommercial transactions and for insolvent trading by directors) and proceedings under Part 5.9 of the Corporations Act 2001  relating to the examination of officers and other persons in relation to the examinable affairs of a corporation.
  • Insurers in relation to indemnity issues generally, professional indemnity (including advising and appearing in defence of surveyors, architects, valuers, brokers, town planners, builders and lawyers) and product liability.
  • Lessors (including major shopping centre proprietors) and lessees in relation to disputes which have arisen between them (including proceedings for possession and for relief against forfeiture).
  • Vendors and purchasers of land, builders and developers.
  • Corporations and individuals in relation to contractual disputes (including share sale agreements and agreements for the sale of interests in other personal property).
  • Professional Sportspersons in relation to code of conduct hearings and claims involving breaches of the world anti-doping laws.
  • Sporting clubs and associations.

Recent Publications

  • Co-author of “In-Brief” a digest of recent commercial cases appearing monthly in the Australian Banking & Finance Law Bulletin (LexisNexis Butterworths) (March 2004-December 2012)
  • Author of “New Books” a review appearing monthly in the Australian Banking & Finance Law Bulletin (LexisNexis Butterworths)(April 2004- )
  • Co-author of “In-Brief” a digest of recent insolvency cases appearing monthly in the Insolvency Law Bulletin (LexisNexis Butterworths) (December 2004-December 2013)
  • “Civil Penalties: Everything Old is New Again” (with Conor Bannan), Law Society Journal, March 2016
  • “Litigation Funding Revisited” Law Society Journal, November 2015
  • “Don’t let your claim for damages perish” Law Society Journal, October 2015
  • “Perisher Blue Pty Ltd v Nair-Smith” Australian Civil Liability, September 2015
  • Reining in ICAC’s Powers: Are non-public officials off limits?” (with Dr Aruna Sathanapally) Law Society Journal, May 2015
  • “Ethical Obligations of parties to a mediation” Australian Civil Liability, May 2015
  • “Grant Samuel Corporate Finance v Fletcher” Insolvency Law Bulletin, April 2015
  • “Confidentiality, privacy and privilege in a mediation” Australian Civil Liability, April 2015
  • “Agency, Fraud and Defeasibility: When can a registered interest in land be rendered defeasible?” (with Jocelyn Williams) Law Society Journal, March 2015
  • “Process and models of mediation, preparation for mediation and choice of mediator” Australian Civil Liability, March 2015
  • “Liquidator’s Liens: the principle in Universal Distributing considered”
  • Insolvency Law Bulletin, LexisNexis Butterworths, June 2014 (2014. Vol 15 No 3)
  • “Disclaimed Leases: Tenant Risk and Liquidation” (with Peter Agardy)
  • Law Society Journal, March 2014
  • “Recent Developments in NSW – Offers of Compromise and Calderbank Offers”
  • Australian Construction Law Newsletter #153 November/December 2013
  • “Mistaken discovery of privileged documents: Expense Reductions Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd”
  • Australian Civil Liability, LexisNexis, November 2013 (2013. Vol 10 No 7 – 10)
  • “Offers of Compromise: Whitney v Dream Developments”
  • Australian Civil Liability, LexisNexis, September 2013 (2013. Vol 10 No 4)
  • Australian Construction Law Newsletter, November/December 2013
  • “Beware of Personal Costs Orders”
  • Law Society Journal, June 2012
  • “Unintended consequences of taking jurisdictional points”
  • Law Society Journal, April 2011
  • “Consequences of a Written Contract”
  • Law Society Journal, December 2009
  • “Construing Obligations”
  • Law Society Journal, November 2009
  • “Directors indemnifying the Tax Commissioner”
  • Law Society Journal, October 2009
  • “Mortgages morphing into suretyships”
  • Law Society Journal, July 2009
  • “Principles of Subrogation”
  • Law Society Journal, May 2009
  • “No power to amend a bankruptcy notice”
  • Law Society Journal, April 2009
  • “Pitfalls in Guaranteeing Performance”
  • Law Society Journal, March 2009
  • “Applying the Double Insurance Principle”
  • Law Society Journal, February 2009

Recent Presentations

  • “Mediating to Succeed”, Far North Coast Law Society Annual Conference, 20 February 2016
  • “How to prepare effective pleadings”, ACCC, 8 September 2015
  • “Alternate Dispute Resolution in Sports” NSW Bar Association, 31 March 2015
  • “A Morning of Evidence with the 12th Floor – Privilege”  The NSW State Legal Conference, 27 August 2014
  • “Legal Professional/Client Legal Privilege”  The Law Society of NSW, 15 July 2014
  • “Emergency Arbitration Procedures”  Arbitrating Disputes in South East Asia: A Masterclass for In-House Counsel and Business Representatives, Singapore, 2 June 2014
  • “When to Mediate?”  The NSW State Legal Conference, 31 March 2014.
  • “A Morning of Dispute Resolution with the 12th Floor” (Chair) The NSW State Legal Conference, 31 March 2014.
  • “The Practical Implications of the New Disclosure Rules in the Equity Division”  A paper presented in-house to law firms in Sydney and Melbourne, August/September 2013 and to the NSW State Legal Conference, 26 March 2014.
  • “Best Practice in International Commercial Mediation: Drafting an effective mediation clause: The new ICC model clauses for mediation” ICC Mediation Rules Launch Conference – Singapore, 17 March 2014
  • “Mediation: Aspects of Practice”  A paper presented in-house to two major Australian banks, August and November 2012
  • “Preparation of written evidence, affidavits, and notices of intended oral evidence”  Australian Securities & Investments Commission, 27 June 2012
  • “Client Legal Privilege and the In-House Lawyer”  The College of Law, 31 March 2011
  • “Affidavits: Avoiding the Pitfalls”  NSW State Legal Conference, 28 March 2011
  • “Client Legal Privilege and the In-House Lawyer”  The College of Law, 3 August 2010
  • “Affidavits: Avoiding the Pitfalls”  Young Lawyers, 13 April 2010
  • “Offers of Compromise and Costs Orders”  The College of Law, 28 May 2009
  • “The Law and Practice of Deposit Bonds”  State Legal Conference, 31 March 2009
  • The College of Law, Business and Property Law Specialist
  • Accreditation Conference, 20 June 2009
  • “The Statutory Regime for Limitation Periods for Personal Injury Claims” (Chair) The College of Law, 19 March 2009