News

NSW MP Alexander Greenwich wins defamation proceedings

14 September 2024

Mr Greenwich succeeded in his case against Mark Latham MLC, which concerned commentary posted on Twitter in the lead up to the NSW State Election

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Banco Chambers Readership Panel Event

12 September 2024

The Panel Event will be held on 24 September 2024 at 5pm.

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Banco Barristers featured in Doyles Guide

11 June 2024

Five Banco barristers have been listed in the latest edition of Doyles Guide to the Leading Technology, Media and Telecommunications barristers.

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High Court resolves land tax dispute

6 June 2024

The High Court has resolved the appropriate test for the applicability of land tax over land that is used for multiple purposes.

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Full Federal Court finds University of Sydney validly terminated the employment of its academic staff member, Dr Anderson

20 May 2024

Dr Anderson's employment was terminated for comments made on social media, which brought the "intellectual freedom" provisions of the relevant Enterprise Agreement into sharp focus on appeal.

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High Court finds that Commonwealth Body Corporates do not have immunity from criminal liability.

9 May 2024

The landmark ruling means that the Director of National Parks is not immune from criminal liability in respect alleged damage to an Aboriginal sacred site.

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Federal Court of Australia considers whether media monitoring services provided to government clients are “for the services of the Commonwealth or State”

6 May 2024

The question arose in relation to a dispute between Australian News Channel Pty Ltd (the applicant) and Isentia Pty Limited (the respondent) in circumstances where the respondent provides media monitoring services including in relation to content delivered by Sky News Australia.

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Federal Court considers application of unfair contract terms in the ASIC Act

22 March 2024

The Federal Court (Jackman J) has dismissed a claim brought by ASIC in respect of the application of unfair contract term provisions in the ASIC Act to a standard form insurance contract.

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High Court determines principle of restitution law

13 March 2024

The High Court has considered whether a Local Council can retain funds raised by an unlawful special levy on ratepayers after it had spent part of the funds on waterway maintenance for the benefit of ratepayers.

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Statutory provisions concerning unjust strata by-laws receive judicial consideration

1 March 2024

The NSW Supreme Court has determined the validity of a by-law in a strata scheme concerning a conditional exclusive use right over common property arising from a factually complex dispute.

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Banco congratulates Casey Ashton for 10 years of service in Chambers

23 February 2024

In 2014 Banco Chambers partnered with Job Support, culminating in Casey's long term employment through their highly successful placement program.

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Australian Competition Tribunal authorises ANZ Bank’s $4.9 billion acquisition of Suncorp Bank

20 February 2024

The decision reverses an earlier determination of the ACCC refusing authorisation.

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Banco Chambers excels in Chambers & Partners rankings

15 December 2023

This week Chambers & Partners released its guides to the Australian Bar, with Banco being acknowledged as a Band 1 set for Dispute Resolution in Australia.

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High Court hears appeal on application of State laws to the Commonwealth

14 December 2023

This week the High Court of Australia heard an important appeal concerning whether the offence and penalty provisions of a law of the Northern Territory apply to a Commonwealth Body.

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High Court approves extraterritorial application of Australian Consumer Law unfair contract provisions

7 December 2023

The High Court has determined the circumstances in which provisions of the Australian Consumer Law can apply to a contract entered into outside of Australia.

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Australian Tax Office wins royalty dispute with PepsiCo

5 December 2023

The Federal Court of Australia has determined that $250 million in revenue transferred between Australian and Singaporean PepsiCo entities is assessable for royalties tax.

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Christopher Tran joins Banco Chambers

29 November 2023

We are pleased to announce that Christopher Tran has joined Banco Chambers.

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Full Federal Court determines appeal in Ford Class Action

16 November 2023

The decision affirms the trial findings that Ford vehicles fitted with the DPS6 transmission were defective and breached the guarantee of acceptable quality in the Australian Consumer Law, but also held events subsequent to purchase are relevant to the assessment of damages to prevent over-compensation.

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Family Court extends the meaning of property in recent case

9 November 2023

The High Court's 2008 decision in Kennon v Spry on trust rights as property in family law proceedings has been given fresh consideration by the Family Court.

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High Court of Australia overturns Al-Kateb.

9 November 2023

The High Court has ruled that the indefinite detention regime under the Migration Act is unconstitutional.

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New opinion on climate change risk published

3 November 2023

Sebastian Hartford Davis has published a new legal opinion on nature-related business risks for companies and their office holders.

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Ruth Higgins SC elected President of the NSW Bar Association

3 November 2023

Ruth Higgins will serve as the 43rd President of the NSW Bar Association.

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Join Banco Chambers at GAR Sydney Live

1 November 2023

Global Arbitration Review is bringing its GAR Live to Sydney on 28 November.

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Federal Court hands down judgment in Ruby Princess class action

25 October 2023

The Federal Court of Australia has ruled that the operators of the Ruby Princess cruise ship were negligent and in breach of consumer guarantees concerning the conduct of a cruise in 2020 that led to a significant COVID 19 outbreak.

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Federal Court provides clarity in competing proceedings between class actions and employee union proceedings

12 October 2023

The Federal Court has ruled in favour of a class action in preference to a union brought claim in relation to an underpayment claim brought on behalf of 300,000 McDonald's workers

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Four Banco Barristers appointed Senior Counsel

6 October 2023

Banco Chambers congratulates Ben Kremer, Declan Roche, Fiona Roughley, and Robert Yezerski on their well deserved appointments to Senior Counsel today.

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Federal Court makes cartel conduct findings in bid rigging case

1 August 2023

Today Bromwich J delivered judgment in Australian Competition and Consumer Commission v Delta Building Automation Pty Ltd [2023] FCA 880, a cartel conduct prosecution.

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Federal Court imposes record penalty on Phoenix Institute

31 July 2023

The Federal Court imposed a $438 million civil penalty for systemic unconscionable conduct

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Decision published in Dr Teo disciplinary proceedings

12 July 2023

A Professional Standards Committee Inquiry has determined that Dr Teo committed unsatisfactory professional conduct and has been reprimanded

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Eleven Banco Barristers featured in Doyles Guide to Restructuring and Insolvency barristers

10 July 2023

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19 Banco barristers featured in Doyles Guide to commercial litigation and dispute resolution barristers

19 June 2023

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Clarissa Amato and Tom Blackburn SC featured in Doyles Guide

9 June 2023

Banco Chambers congratulates Clarissa Amato and Tom Blackburn SC on their inclusion in the 2023 Doyles Guide to leading Technology, Media and Telecommunications barristers.

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Judgment published in Ben Roberts-Smith case

5 June 2023

The judgment wholly dismisses the proceedings and, amongst other things, found that Mr Roberts-Smith executed or directed the execution of four Afghan detainees.

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Robert Newlinds SC appointed as a Judge of the District Court of New South Wales

11 May 2023

Banco Chambers congratulates Robert Newlinds SC on his appointment as a Judge of the District Court of New South Wales today. He will be sworn in on 29 May 2023.

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Ruth Higgins SC appointed to the Takeovers Panel

3 April 2023

Last Friday the Commonwealth Government announced the appointment of Ruth Higgins SC to the Takeovers Panel.

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Assessment of damages for breach of consumer guarantees addressed by Full Federal Court

29 March 2023

On Monday the Full Federal Court handed down a judgement which addressed the proper approach to assessing claims for damages under section 272(1)(a) of the Australian Consumer Law for breach of the consumer guarantees.

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Application of COVID 19 Public Health Orders to contracts clarified by High Court

9 March 2023

Yesterday the High Court published a notable decision on the application of COVID 19 Public Health Orders to contracts.

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Banco Chambers featured in Legal 500 Guide

13 January 2023

The 2023 Edition of the Legal 500 Guide to the Australian Bar has highlighted the depth and expertise of Banco Chambers with the Chambers ranking as a Band 1 set in 3 areas.

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Vale Alexander (Sandy) Tamerlane Sinclair Dawson SC (1972 – 2022)

2 December 2022

Banco Chambers mourns our dear friend and colleague Sandy Dawson SC, who passed away on 28 November 2022. This is a terrible loss.

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Banco Chambers hosts playwright Suzie Miller for discussion event

10 November 2022

Banco Chambers was pleased to host the Public Interest Advocacy Centre in our lobby at Sixty Martin Place for their event with Australian playwright Suzie Miller, in discussion with writer Nicole Abadee on storytelling and social justice.

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“Secret Ministries and the Constitution: an implied requirement of publication?”

1 November 2022

A new article from Fiona Roughley and Megan Caristo contributes to the body of published opinion on the lawfulness of the former Prime Minister’s “Secret Ministries”.

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Banco Chambers features in Whos Who Legal 2022 Guide to Australian Profession

6 October 2022

Banco Chambers' barristers have been featured across a range of practice areas in the 2022 Australian Edition of Whos Who Legal.

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Nicholas Bender appointed Senior Counsel

4 October 2022

Banco Chambers warmly congratulates Nicholas Bender on his appointment to Silk.

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Banco Chambers excels in recent Doyles Guides

14 July 2022

The most recent editions of Doyles Guide for Commercial Litigation and Insolvency featured numerous Banco Barristers

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Doyles Guide to Leading Technology, Media & Telecommunications Counsel

19 May 2022

Six Banco Barristers were featured in the latest edition of the guide.

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Recent decisions of interest

27 April 2022

Two recent decisions of interest concerning procedural fairness in the High Court, and a legal professional privilege claim in the Uber class action involved Banco Chambers barristers.

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Banco barristers awarded Lawyer of the Year by Best Lawyers

22 April 2022

Vanessa Whittaker SC and Tim Breakspear SC were awarded Lawyer of the Year in their respective practice areas by Best Lawyers

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Tim Breakspear featured in Doyles Guide to Leading Construction and Infrastructure Barristers

5 April 2022

Tim Breakspear has been listed as a preeminent practitioner for the eighth consecutive year.

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Decisions of interest from the week ending 18 March

18 March 2022

Three judgments of interest were published this week involving Banco Barristers concerning the Cape Town Convention arising from the administration of Virgin Airways, the AFCA complaints handling process, and the scope of freezing orders as against third parties.

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Important judgments and case developments from the last week

11 February 2022

The last week has seen some important judgments and case developments featuring Banco barristers.

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Banco Chambers is a Top Tier Set

19 January 2022

The Legal 500 2022 Guide to the Australia Bar has acknowledge Banco Chambers as a top tier set across a number of practice areas.

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Banco Chambers recognised as the top ranked chambers in Sydney, 19 members also ranked

16 December 2021

The 2022 Chambers & Partners Asia Pacific Guide, released today, has placed Banco Chambers as the top ranked Chambers in Sydney.

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High Court judgment determines access charges for Port of Newcastle

10 December 2021

The High Court has ruled that the Port of Newcastle can charge Glencore increased access fees.

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High Court resolves important question for insurers

10 December 2021

The High Court has held that when a plaintiff’s luxury vehicle is damaged they can recover as damages the reasonable costs incurred in hiring a replacement vehicle of broadly equivalent specifications while their damaged vehicle is being repaired.

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Banco Barristers appear in significant Melissa Caddick case

25 November 2021

A Federal Court judgment has found that Melissa Caddick used millions of investor funds to purchase assets in her own name and to meet personal expenses

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Anne Horvath SC featured in Doyles Guide to leading professional indemnity barristers

17 November 2021

Banco Chambers congratulates Anne Horvath SC on her inclusion in the Doyles Guide to leading professional indemnity barristers in NSW.

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Kristen Deards SC featured in Doyles Guide to leading tax barristers

8 November 2021

Banco Chambers congratulates Kristen Deards SC on her inclusion in the Doyles Guide to leading tax barristers in NSW.

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9 Banco barristers featured in Doyles Guide to Australia’s Leading Competition Law Barristers

15 October 2021

Banco Chambers' expertise in competition law matters was recognised in the most recent edition of Doyles Guide to Australia's Leading Competition Law Barristers

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Three Banco Barristers Appointed Senior Counsel

1 October 2021

Anne Horvath, David Sulan, and Tim Breakspear have been appointed Senior Counsel

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Federal Court declines stay application in Ruby Princess class action

10 September 2021

The decision is the first time an Australian court has considered conflict of laws issues in the context of a representative proceeding and the enforceability of class action waiver clauses.

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Doyles Guide Recognises Kate Richardson SC and Danielle Forrester

25 August 2021

Kate Richardson SC and Danielle Forrester have been listed in the Doyles Guide to Leading Administrative and Public Law Barristers in Australia.

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Doyles Guide recognises Jonathon Redwood SC and Tim Breakspear

18 August 2021

Jonathon Redwood SC and Tim Breakspear have been listed in the Doyles Guide to Leading Arbitration Barristers in Australia.

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Federal Court finds training college engaged in a system of unconscionable conduct

17 August 2021

The Federal Court held that former training college, Phoenix Institute of Australia Pty Ltd, made false or misleading representations and implemented systems of unconscionable conduct in 2015 in relation to online diploma courses when marketing to students and enrolling them into those courses under the Commonwealth VET FEE-HELP loan program.

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Full Federal Court finds Employsure Google Ads misleading

17 August 2021

The Full Federal Court unanimously upheld an appeal by the ACCC in relation to Google Ads published by a private workplace relations advisor, Employsure Pty Ltd.

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13 Banco Barristers featured in Doyles Guide to NSW Insolvency and Restructuring Barristers

16 July 2021

Banco Chambers congratulates its members for their strong showing in the 2021 edition of Doyles Guide to NSW Insolvency and Restructuring Barristers

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FULL COURT ALLOWS APPEAL DISMISSING APPLE’S STAY APPLICATION IN COMPETITION PROCEEDINGS

9 July 2021

The decision clears the way for Epic Games to continue to pursue its claims against Apple in the Federal Court of Australia.

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Assaf’s Winding Up in Insolvency 3rd Ed available for pre-order

6 July 2021

Farid Assaf's new work provides comprehensive treatment of all aspects of winding up in insolvency.

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Plaintiffs successful in Ford Powershift Transmission class action

30 June 2021

The Federal Court has found that Ford vehicles fitted with the Powershift Transmission were not of acceptable quality.

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20 Banco Barristers featured in Doyles Guide to NSW Commercial Litigation and Dispute Resolution Barristers

30 June 2021

Banco Chambers congratulates its members for their strong showing in the 2021 edition of Doyles Guide to NSW Commercial Litigation and Dispute Resolution Barristers

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Federal Court dismisses defamation action brought by Racing NSW CEO Peter V’landys AM against the ABC and journalist Caro Meldrum-Hanna

17 May 2021

The action concerned the broadcast of a special investigation into the horse racing industry in Australia during an episode of the news and current affairs program, 7.30: “The Final Race: The dark side of the horse racing industry”.

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ACCC claim that Google misled Android users upheld by the Federal Court

20 April 2021

These important proceedings before the Federal Court were determined in a judgment published on 16 April 2021.

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Banco Barristers featured in the 2021 edition of Best Lawyers

19 April 2021

Banco Chambers congratulates its 19 barristers featured in the 2021 edition of Best Lawyers.

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Banco Chambers adopts Workplace Conduct Policy

25 March 2021

Our new Workplace Conduct Policy reaffirms our commitment to ensuring respect and safety in the workplace

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Tim Breakspear featured in Doyles Guide to Leading Construction and Infrastructure Barristers

22 March 2021

Tim Breakspear has been listed as a preeminent practitioner for the seventh consecutive year.

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ACICA publishes 2020 Arbitration Report

17 March 2021

The Australian Centre for International Commercial Arbitration has released its 2020 Arbitration report on the current state of play of arbitration in Australia.

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Andrew Coleman SC appointed judge of the NSW District Court

25 February 2021

Banco Chambers warmly congratulates Andrew Coleman on his well deserved appointment.

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Legal 500 recognises Banco Chambers expertise

14 January 2021

Twelve Banco Chambers members were listed in the Legal 500 Guide

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Banco holiday hours

22 December 2020

From 11 - 15 January Banco Chambers is open from 8.30am - 5.30pm each day. For any enquiries outside of these hours please contact the Clerk, Jeh Coutinho - 0422 499 580 or clerk@banco.net.au

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Banco Chamber excels in Chambers & Partners 2021 Guide

16 December 2020

The Chambers & Partners 2021 Guide to the Australian Bar features 17 Banco barristers across a range of areas.

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Chelmsford doctors case dismissed by the Federal Court

26 November 2020

Tom Blackburn SC and Anais d'Arville successfully defended defamation proceedings brought by two doctors in relation to the use of "Deep Sleep Therapy" at the Chelmsford Psychiatric Hospital in the 1960s and 70s.

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Robert Newlinds SC acts for the plaintiffs in successfully settled class action against Clive Palmer

26 November 2020

300 owners of time share villas at the Palmer Coolum resort in Queensland have successfully settled a long running dispute with resort owner Clive Palmer.

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Kristen Deards SC featured in Doyles Guide to leading tax barristers

4 November 2020

Banco Chambers congratulates Kristen Deards SC on her inclusion in the Doyles Guide to leading tax barristers in NSW.

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Anne Horvath listed in Doyles Guide

23 October 2020

Anne has been acknowledged as a preeminent counsel in professional indemnity matters by the Doyles Guide to the Legal Profession

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Strata by-law providing a blanket ban on pets invalidated by NSW Court of Appeal

12 October 2020

Robert Newlinds and Robert Pietriche appeared for the successful appellant in a challenge to the validity of a by-law that provided a blanket ban on pets in the Horizon Apartment Complex.

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Three Banco barristers appointed Senior Counsel

30 September 2020

James Emmett, Jonathon Redwood, and Christopher Withers were each appointed Senior Counsel today.

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8 Banco barristers featured in Doyles Guide to Australia’s Leading Competition Law Barristers

15 September 2020

Banco Chambers' expertise in competition law matters was recognised in the most recent edition of Doyles Guide to Australia's Leading Competition Law Barristers

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Jonathon Redwood and Tim Breakspear recognised in Whos Who Legal 2020

19 August 2020

Jonathon Redwood and Tim Breakspear's arbitration experience and expertise has been acknowledged in the 2020 edition of Whos Who Legal.

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Four Banco Barristers featured in Doyles Guide to Arbitration barristers

16 July 2020

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NSW Supreme Court issues new practice note for matters in the professional negligence list

30 June 2020

The Court has issued a new practice note for the case management of matters in its Professional Negligence List which changes to the way matters in the list will be run. 

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Full Federal Court decides “flushable wipes” appeal

17 June 2020

Banco barristers appeared in an important appeal to the Full Federal Court concerning the operation of the Australian Consumer Law in relation to “flushable” wipes.

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Banco Chambers’ barristers featured in Doyles Guide to Insolvency & Restructuring barristers

12 June 2020

12 Banco Barristers are featured in the 2020 edition of Doyles Guide to Insolvency & Restructuring barristers in NSW

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In person and online practice at Banco Chambers

2 June 2020

Selected in person hearings have resumed while online court continues.

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23 Banco Barristers featured in Doyles Guide to NSW Commercial Litigation and Dispute Resolution Barristers

1 June 2020

Banco Chambers congratulates its members for their strong showing in the 2020 edition of Doyles Guide to NSW Commercial Litigation and Dispute Resolution Barristers

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Banco barristers act in significant arbitration-related appeal

22 May 2020

The Western Australian Court of Appeal recently delivered judgment in Hancock Prospecting Pty Ltd v DFD Rhodes Pty Ltd [2020] WASCA 77. The decision illustrates the difficulties parties to an arbitration agreement may have in keeping a dispute within the confines of confidential arbitration, where the dispute involves non-parties to the arbitration agreement.

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Courts move towards resumption of in-person hearings

21 May 2020

There were important developments this week with a number of courts in New South Wales announcing their plans to resume in-person hearings in the near future, although some of the technological solutions embraced in recent months may become part of the court’s ongoing practices.

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Banco Chambers introduces COVID 19 page

11 May 2020

A COVID 19 Page has been introduced to our website to collect all the latest news and resources in relation to COVID 19.

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Banco Chambers delivers virtual practice CPD to the profession

4 May 2020

Banco Chambers' barristers have been sharing their experiences of virtual practice in an online CPD and have been appearing in new matters arising from the outbreak of COVID 19.

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Virtual Hearings In Practice

20 April 2020

Final hearings are increasingly proceeding with virtual courtroom technology.

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Virtual practice continues at Banco Chambers

6 April 2020

Since our last update, we have seen arrangements made in an increasing number of cases for final hearings and appeals to take place by videolink, including in large and complex matters.

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Banco Chambers goes virtual

30 March 2020

While Banco Chambers remains open and operational at 60 Martin Place, Sydney, in the face of increasingly severe restrictions upon physical appearances in courts and tribunals until COVID-19 is resolved, Members of Banco Chambers are enthusiastically embracing all alternative means of appearance to keep matters moving through interlocutory stages towards settlement/mediation or final hearing/judgment.

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Banco Chambers remains open

25 March 2020

Banco Chambers is open and operating during these difficult times.

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Banco Chambers Launches New Website

4 March 2020

Banco Chambers is pleased to launch a new website in conjunction with its recent relocation to 60 Martin Place.

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Banco Chambers Open for Business at 60 Martin Place

4 March 2020

In January 2020 Banco Chambers successfully completed its relocation to Levels 15 and 16 of the newly completed office development at 60 Martin Place, Sydney.

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