HARRIET LOUISE DONOHOE SC CURRICULUM VITAE

Transcription

1 HARRIET LOUISE DONOHOE SC CURRICULUM VITAE Personal and Professional Chronology 1951 Born, 1 May 1951 in Wau New Guinea Educated in convents and state primary and high schools in Port Moresby, Sydney, Darwin, Perth and Canberra to 1971 Completed nursing training at Royal Canberra Hospital. Diploma of Nursing, Married 1973 and 1975 Son and daughter born. Separated in 1977 and divorced in 1978, after which time, responsibilities as a single working mother raising 2 children to 1978 Worked as Registered Nurse employed by NSW Health Commission as a district nurse in Sydney to 1980 Worked in London ( ) and 1979 in Kenya, Ethiopia, Somalia and the Sudan as Registered Nurse in operating theatres in bush hospitals - Royal Blind Society (honorarium) to 1981 Worked as registered nurse employed by Royal Hospital for Women, Sydney, in charge of day surgery unit to 1986 In 1981 commenced a combined Arts/Law degree course at the University of NSW. For family and financial reasons deferred Arts degree to concentrate on the completion of law degree. Completed LLB in NSW College of Law. Admitted as a solicitor in NSW, June to 1989 Employed as solicitor with Hunt and Hunt in Sydney practicing in general commercial and commercial litigation to 1990 Voluntary legal work at Kingsford Legal Centre. 1

2 June 1989 Called to the Bar. Reader 11 th Floor Wentworth/Selborne. Pupil Master (as he then was) K E Lindgren to end 2000 Practiced exclusively at the NSW Bar to 1991 Elected to NSW Bar Council to 1991 Member of the Professional Conduct Committee, NSW Bar Council to 1993 Participant (teaching) in Bar Readers Course. Participated as coach in Bar Readers Advocacy Program. Wrote and presented papers in that course Completed LEADR Mediation Course to 2009 Judge in Law School Moots Sydney University Law School, University of New South Wales Law School and University of Technology Sydney Law School. In 1994 judged final of Sydney Law School s mooting competition. In 2009 judged semi finals Australian Law School Mooting Competition (Canberra) Married (widowed end 2001) While maintaining practice at the Bar, set up small culinary business employing two people in regional NSW. Sold business end Admitted as Barrister in the ACT Moved to the ACT at end to 2010 Elected as a director of the ACT Bar Council to 2010 Appointed member of ACT Law Society s Equalising Opportunities and the Law Committee, Law Council of Australia s Equalising Opportunities and the Law Committee Appointed a Conciliator pursuant to ACT Workers Compensation Act (Regulations). Appointed a Case Evaluator (early neutral case evaluation) of the Supreme Court of the ACT Married. 2

3 Appointed to ACT Legal Aid Review Committee Appointed Senior Counsel for the ACT to 2010 Elected vice president of the ACT Bar Council Appointed (part-time) member of ACAT 2009 to 2010 Appointed by Board of Swimming Australia to conduct an Inquiry into conduct of then Head Coach and in 2010 to conduct another Inquiry into adverse cultural aspects of the sport. Both Inquiries completed in January 2010 and January 2011 January 2012 Present professional Present personal Wrote civil component of advocacy course. Taught advocacy course, and oversaw the programme for the Faculty of Law, Singapore Management University, Singapore. Appointed a senior member of ACAT. Practice at the ACT and NSW private Bars. Sit as a senior member of ACAT, Conduct private mediations and (Government appointed (occasional) Conciliator (Workers Compensation Act, ACT). Married to Crispin Hull, Journalist and Academic. Two children, a son aged 44 years (Lawyer) and a daughter aged 42 (Academic), six grandchildren aged 20,16, 8, 6 and 5 and 3 year, respectively. Interests: Sailing; Scuba diving and sea kayaking; Music, theatre and dance; Collecting art; Reading, film; Cooking and Travel. 3

4 Experience - Nature of practice Since being called to the Bar in 1989 I have accepted briefs to appear, to draw and settle pleadings and other documents, provide opinions and advices and provide written submissions in respect of the following areas of law: 1. Administrative Law In general practice dealing with issues if issues of natural justice and Prerogative writs. Appearing in NSW AAT, ACT AAT (as it then was) in a number of matters relating to the review of administrative decisions. As a senior member of ACAT, I have sat on a number of such cases. 2. Appellate Opinions on prospects on appeal, written submissions for High Court and Courts of Appeal in areas of industrial law, native title, discrimination, medical negligence and liability of statutory authorities, construction of wills and of commercial instruments, real property caveats and civil procedure. 3. Banker and Customer The relationship and the respective obligations of the bank and the customer, mortgages, guarantees, loan agreements, securities generally and the construction of commercial instruments. 4. Bankruptcy Proceedings generally, petitions (uncontested and contested), annulment of bankruptcy, recovery of preferences, administration of debtor's property, bankruptcy and trusts. 5. Building and Construction Construction and enforceability of building contracts from residential to commercial buildings (written and oral), quantum meruit claims, liability in contract and tort of builders, architects and engineers, and boundary encroachment disputes. 6. Corporations Law Duties and liability of directors, insolvency (contested and uncontested), corporate finance including reductions of capital, charges, promoters and the duties and liabilities of liquidators. 7. Contract Construction and interpretation, breaches and remedies, including equitable remedies. Agents' commission cases. Cases on material alteration 4

5 of contractual documents 8. Coronial Law Representation of witnesses, written submissions. 9. De-facto relations Division of real and personal property. 10. Environmental Law As a senior member of ACAT, have sat and evaluated the expert environmental and scientific evidence in relation to decisions of the Conservator. 11. Disciplinary matters. Involving solicitors and a surveyor in NSW and as a senior member of ACAT assessing the evidence, ruling on objections and writing the reasons for judgment (conduct of legal practitioner, interlocutory matters and penalty). 12. Equity (real property) Legal and equitable estates, co-ownership, inter vivos gifts, undue influence, priorities, and partition and vendor and purchaser matters. 13. Equity (trusts and trustees) 14. Equity (wills, probate and administration) Construction of trust instruments, judicial advice, charitable trusts, express trusts, constructive and resulting trusts, fiduciary relationships and obligations, breach of trust, remedies removal of trustees and trustees costs and expenses. Construction of testamentary instruments, intestacy, partial intestacy, probate caveats, contested probate matters involving issues of testamentary capacity and undue influence, lost wills, costs in probate cases. 15. Family Provision Construction of testamentary instruments, obligations of executors/trustees, eligible persons, interests of eligible persons, principles governing relief, property to be considered,, powers of courts, relevant criteria, evidence. 16. Fraud and misrepresentation At common law and equity and as these issues relate to contractual disputes, fiduciary relationships and remedies. 17. Factoring Agreements Construction of agreements, liability of third parties. 18. Guarantee and indemnity Involving financial institutions, co-sureties, subrogation. 19. Industrial Law Industrial dispute involving superannuation. Franchise agreements. 20. Injunctions Nature, principles, drafting, practice and procedure, Quia timet and Mareva (freezing 5

6 orders) injunctions. 21. Insurance Law Construction of insurance contracts generally and particular clauses and terms, waiver and estoppel, nondisclosure, misrepresentation, fraud, duty of utmost good faith and Insurance Contracts Act Interpretation and construction of legislation and instruments Commonwealth, NSW and Australian Capital Territory legislation, and instruments. 23. Land and Environment Planning (NSW), public works, sub-divisions Law and boundary (survey) dispute. 24. Landlord and Tenant Leases, nature of tenancies, terms (construction), breach, remedies of landlord and tenant. 25. Legal Professional All aspects thereof in various cases. Privilege 26. Licensing Law Statutory construction and as a senior member of ACAT, sitting on cases and assessing evidence. 27. Limitation of actions In tort (medical negligence and other personal injury cases), contract and fraud cases. 28. Mortgages Construction, mortgagee sales, equitable mortgages and charges, priorities, remedies of mortgagee and mortgagor. 29. Partnership Obligations of partners, liability of partners and partnership, partnership property, dissolution and taking of accounts. 30. Personal Property Ownership and possession, bailment. 31. Practice and Procedure All aspects of civil practice and procedure in (mostly) superior courts. 32. Principal and Agent Relationship and obligations of principal and agent, agent's authority, duty of agent to principal, fiduciary obligations, rights of agents against principals, relationship between agents and third parties, indemnity. 33. Real Property Nature of tenancies, transfer, gifts, receivers, Torrens system, adverse possession, priorities, caveats, powers of Registrar-General, remedies for error, misdescription and deprivation etc. 34. Sale of Goods Possession, title, implied warranties. 35. Stamp Duty On NSW and ACT transactions 36. Trade Practices Consumer protection, misleading and deceptive 6

7 conduct, implied warranties in contractual disputes. 37. Tort Medical negligence, personal injury, fatal accidents, professional negligence (accountants, architects, surveyors, legal practitioners), product liability, nuisance, liability of public authorities, liability of schools. 38. Valuation Law As a senior member of ACAT, sitting on and evaluating the expert evidence and law relating to valuation cases. Experience Appearances and Practice Since being called to the Bar in June 1989, I have appeared in the following Courts and Tribunals. Federal High Court of Australia, Federal Court of Australia, Australian Industrial Relations Commission. New South Wales The Court of Appeal, the Supreme Court, the District Court, the Local Court, the Land and Environment Court, the Industrial Relations Court, the Dust Diseases Tribunal, the Administrative Appeals Tribunal, Supreme and District Court ordered arbitrations, Supreme Court ordered and consensual mediations and the Supreme Court pilot scheme of Early Neutral Evaluations and one Disciplinary Tribunal (Board of Surveyors). Australian Capital Territory The Court of Appeal, the Supreme Court; the Magistrates Court (Coronial Inquests only), the Administrative Appeals Tribunal (NSW and Federal), the Disability Inquiry (ACT which ran for almost a year) and a private Inquiry briefed by Swimming Australia. Presently, I hold briefs to advise and appear in matters in the Supreme Courts of the Australian Capital Territory and New South Wales. I am almost always briefed with a junior. Conciliator 7

8 Until 2015 I was appointed by the ACT pursuant to the Workers Compensation Act (Regulations). I conducted ten such conciliations. Early Neutral Evaluation In 2005 I was appointed as a case evaluator (early neutral evaluation of cases) of the Supreme Court of the ACT. Mediation I have been retained by parties to mediate cases involving the following areas of law: commercial tenancies; legal professional negligence; corporate disputes; trusts disputes; contracts disputes; family provision and testamentary capacity disputes (contested probate cases); and Disputes relation to the construction of commercial instruments. All such litigation (or intended litigation) either had been or would have been commenced in the superior courts. I have conducted 11 such mediations over the last 4 or so years. I have also been briefed to appear in a great number of mediations over the years. Finally, I have had years of experience in the conduct of settlement conferences, which, although informal in nature, are still in the nature of alternate dispute resolution. Appointment to ACAT In 2009 I was appointed as a (part-time) member to ACAT. In 2012, I was appointed a part-time senior member. The cases with which I have dealt include legal professional disciplinary matters, environmental, planning, valuation (land tax) and statutory construction on the question of the ACAT s power to make costs orders as well as matters dealing with the FOI Act and the PID Act. My role in hearing these cases involves the taking and assessment of evidence, dealing with and ruling on objections, assessing the demeanour of witnesses, assessing sometimes difficult and technical evidence from experts in the field of science and valuation, writing interlocutory and final reasons for judgments ranging from short judgments to long judgments which involve mastering the facts and applying the law. I have given ex-tempore decisions relating to evidence rulings and interlocutory matters. 8

9 Present Practice Today, my practice comprises 50 per cent equity, probate, and trusts, commercial, corporate structure/dispute cases. The remaining 50 per cent of my practice is common law (tort). Of the common-law component of my practice, almost all are catastrophic medical-negligence cases, which invariably involve complex questions of medicine and/or science/technology and dealing with experts. I have appeared for defendants and plaintiffs. Publications I have written various papers/publications and or given oral presentations for Bar teaching courses (NSW) and continuing legal education programmes (ACT and Legalwise) on the subjects of succession, construction of statutes and commercial instruments, drafting pleadings, drafting affidavits and preparing briefs to counsel. I have co-authored the materials for, overseen and conducted an advocacy course for senior law students in Singapore. Louise Donohoe SC 9