ALAIN JONATHAN MUSIKANTH

Transcription

1 ALAIN JONATHAN MUSIKANTH Francis Burt Chambers, Level 17, Allendale Square, 77 St Georges Terrace Perth WA 6000 Australia Ph: (direct) Fax: Mobile: amusikanth@francisburt.com.au Profile: Alain practises in the area of commercial litigation. He has more than 20 years litigation experience, having spent most of his career practising as a barrister at the independent bar. He has acted in complex commercial litigation and has appeared as both lead and junior counsel in a wide range of contested matters in a variety of Courts and tribunals both in Australia and abroad. He has also sat as an arbitrator. Before joining the WA Bar Alain was special counsel in the commercial litigation division of Corrs Chambers Westgarth. Prior to joining Corrs in 2001, Alain practised for 7 years as a barrister in Cape Town, South Africa, where he also sat as a part-time commissioner of the Small Claims Court. Alain is a member of the Executive of the Law Society of Western Australia and served as the Society s representative on the proportionate liability working group of the Law Council of Australia. He is also a member of the Australian Insurance Law Association and a Fellow of the Tax Institute of Australia.

2 2 Academic Qualifications: Master of Laws, University of Cape Town (1998) Bachelor of Laws, University of Cape Town (1993) Bachelor of Arts, University of Cape Town (1991) Admission details: High Court of Australia (2002) Supreme Court of Western Australia (2002) Supreme Court (subsequently, High Court) of South Africa (1994) Professional background: 2007-present: Barrister, Francis Burt Chambers, Perth, Western Australia : Corrs Chambers Westgarth litigation division, Perth, Western Australia (Special Counsel , Senior Associate , admitted in WA 2002) : Advocate (Barrister), Cape Bar, Cape Town, South Africa Areas of practice: Appellate; Administrative & Constitutional; Building & Construction; Commercial Law; Coronial Inquiries; Corporations; Defamation; Disciplinary Tribunals; Employment Law; Equity; Insolvency; Insurance; Landlord & Tenant; Local Government; Mining Law; Professional Negligence; Property Law; Taxation (contentious); Trade Practices; Wills & Estates Professional affiliations: WA Bar Association Law Society of WA Tax Institute of Australia Australian Insurance Law Association Insolvency Professionals Network (IWIRC) LEADR (completed mediators training course in September 2003)

3 3 Career (Australia): Since commencing practice in Australia, Alain has: Appeared as both lead and junior counsel before the Supreme Court of Western Australia (Court of Appeal and General Division) and before the Federal Court of Australia Appeared as lead counsel before the District and Magistrates Courts of Western Australia Appeared before Commonwealth and State statutory tribunals as either counsel for a party or as counsel assisting the tribunal Appeared as counsel in coronial inquest proceedings Appeared as counsel in commercial arbitration proceedings Sat as an arbitrator Appeared as counsel in or advised in relation to an extensive range of matters of varying levels of complexity including in the following areas: agency, building and construction, commercial arbitration, contract, corporate (including continuous disclosure, corporate governance, directors duties, insider trading and managed investment schemes), coronial inquests, criminal property confiscation (commercial aspects), damages, defamation and media law, disciplinary, employment law, equity and equitable relief, franchising, guarantees, injunctions, insolvency (corporate and personal), insurance (indemnity and related issues), landlord and tenant (commercial property), maritime law, mining, misleading or deceptive conduct, personal injury (for defendants), professional negligence, property, proportionate liability, taxation, tort, trusts, water law and wills and estates Presented to legal practitioners at professional development seminars on various aspects of law and practice Lectured to articled clerks and law graduates on various aspects of law and practice

4 4 Career (South Africa): Whilst at the Cape Bar, Alain: Appeared as lead counsel in many trials, appeals and motions (ranging from claims for damages for negligence, insolvencies, contractual and maritime disputes to criminal proceedings, matrimonial and industrial controversies) Appeared as junior counsel in Grootboom v Oostenberg Municipality and Others [1999] ICHRL 173; 2000 (3) BCLR 277 (C) (Cape High Court) and, subsequently, in Government of the Republic of South Africa and others v Grootboom and others [2000] ZACC 19; 2001 (1) SA 46 (CC) (Constitutional Court of South Africa - a landmark decision relating to socio-economic rights under South Africa s 1996 Constitution) Sat from time to time as a commissioner of the Small Claims Court Was appointed to various panels of the Arbitration Foundation of South Africa (AFSA) and sat as an arbitrator Was appointed on several occasions by the Court to act as curator ad litem to represent the interests in litigation of minors and other persons subject to legal disabilities Taught part-time at various tertiary educational institutions Served as a member of the Publications and Public Relations Committee of the Cape Bar Council In late 2001, Alain was also appointed as a member of the Special Board for the hearing of Income Tax Appeals by the Minister of Finance. Present and past activities: Treasurer and Member of Executive, Law Society of Western Australia Fellow, Tax Institute of Australia (FTI) Member, Panel of Arbitrators, Law Society of WA Member, Board of the WA Bar Library Association Inc. Member, Brief Editorial Committee, Law Society of WA Member, Ethics Committee, Law Society of WA Member, Committee of WA Society of Jewish Jurists & Lawyers Inc. President, WA Society of Jewish Jurists & Lawyers Inc. ( )

5 5 Member, Law Council of Australia Working Group on Proportionate Liability (representing Law Society of WA) ( ) Member, Law Society of WA Ad Hoc Committee on Proportionate Liability ( ) Member, General and Commercial Litigation Committee, Law Society of WA ( ) Part-time lecturer, Leo Cussen Institute (Legal Practice Board of WA, previously Articles Training Programme) Judge, Annual Inter-Schools Mock Trial Competition (Francis Burt Legal Education Centre/Law Society of WA) Past coach, Annual Inter-Schools Mock Trial Competition (Francis Burt Legal Education Centre/Law Society of WA) Past judge, Annual Open Mooting Competition (Blackstone Society, UWA) Articles and papers: Proportionate liability recent cases and reform proposals (Law Society of WA, Seminar, 1 March 2012) Proportionate liability mechanics and recent developments (Australian Insurance Law Association, Seminar, 16 March 2011) Should Aon be in neon? The impact of Aon on commercial litigation and ethical duties (WA Bar Association, 14 March 2011, Autumn Festival of CPD) (co-written with Steven Wong) Proportionate Liability Revisited, Brief Vol 37 No 9 (October 2010) Goodbye JL Holdings - Case Note: Aon Risk Services Australia Ltd v Australian National University, Brief Vol 36 No 11 (December 2009) (co-written with Steven Wong) Criminal Property Confiscation Act: Acting on behalf of a commercial client with an interest in the asset (Law Society of WA, Seminar, 18 March 2009) Professional duties and insurance policies is there a golden thread?, Brief Vol 34 No 6 (July 2007) WA s defamation act Something old, something new, something borrowed and something blue, Brief Vol 33 No 2 (March 2006)