PERSONAL DETAILS DOB: 21 January 1959 Three children Australian citizen PROFESSIONAL EXPERIENCE Since July 1997 Barrister - Edmund Barton Chambers Practising in general commercial litigation and arbitration, specialising in commercial construction and infrastructure. Appearing as counsel in Federal, Supreme and District Courts in matters involving construction and engineering contract corporations professional liability trade practices insurance Appointed Chairman of Adelaide Desalination Plant Dispute Resolution Board March 2009 Appointed Queen s Counsel 17 January 2008 Since October 1992 Partner, Fisher Jeffries Areas of practice: construction and engineering law commercial litigation corporations intellectual property disputes arbitration and alternative dispute resolution Responsible for the conduct of complex commercial litigation involving contract, negligence, trusts, fiduciary duties, trade practices and the like.
Involvement in major infrastructure projects such as the $60m Flinders Medical Centre Private Hospital development, the demolition of Osborne B Power Station, Berri Bridge, Tantanoola Pulp Mill. Conduct of major construction disputes involving various contractual and commercial issues. July 1988 - September 1992 Senior Crown Counsel, Hong Kong Government Responsibility for the conduct of complex commercial litigation, arbitration and mediation arising out of the many contracts let by the Hong Kong Government and ranging up to HK$180m. Appeared as Counsel in the High (Supreme) Court and Court of Appeal in Hong Kong, in Arbitrations and attended before the Privy Council. July 1983 - June 1988 Partner, Lynch & Meyer, Barristers & Solicitors Involved in all aspects of commercial litigation and common law, involving contract, negligence, trade practices, construction and engineering, misrepresentation etc December 1981 - June 1983 Solicitor, Lynch & Meyer, Barristers & Solicitors A list of cases is attached at Annexure 1. Involved in commercial litigation, involving contract, negligence, trade practices, construction and engineering, misrepresentation etc. COMMITTEE AND BOARD POSITIONS Committee of the Institute of Arbitrators and Mediators, Australia (SA Branch) 1992-3, 1995, 1996, 1997 Chairman of Institute of Arbitrators and Mediators (SA Chapter) 1996, 1997, 1998 Council of The Law Society of South Australia 1994-1997 PROFESSIONAL AND INDUSTRY MEMBERSHIPS Member of The Law Society of South Australia 1982 1988, 1992-2011 Member of The South Australian Bar Association 1997 present
Member South Australian Bar Association Bar Council 2010 - present President South Australian Bar Association 2012 2014 Vice President Australian Bar Association 2015-2016 President Australian Bar Association 2016- present TERTIARY QUALIFICATIONS AND ADMISSIONS Bachelor of Laws (Adelaide) 1981 Graduate Diploma in Legal Practice (SAIT) 1982 Bachelor of Applied Science (Wine Science) (Charles Sturt University) 2001 Admitted to the Supreme Court of South Australia on 21 December 1981 Admitted to the High Court of Australia, December 1981 Arbitrator Mediator
PROFESSIONAL PAPERS/ARTICLES Expert Witnesses - Lecture to various professionals during 2 day Expert Witness Court - Hong Kong February 1992 New Frontiers in Contract Documentation - Fast Track, Guaranteed Maximum Price and Incentive Driven Contract - address to 1 day conference October 1995 Claims for Variation from Contract - address to 1 day conference 27 May 1993 Liquidated Damages - article published - Law Society of SA - March 1994 Resolving disputes by Arbitration - address to the Hong Kong Branch of the Chartered Institute of Arbitrators Professional conduct, ethics and security for arbitrator s fees - Institute of Arbitrators Australia, Advanced Arbitration course, Adelaide - September 1994 Lecturer to the Institute of Arbitrators and Mediators Australia/University of Adelaide course in alternative dispute resolution. Contributing author to A Guide to Arbitration Practice in Australia ed by Vicki Waye Numerous presentations to various professionals in relation to Construction Law issues and Dispute Resolution methods One of three presenters along with Professor Doug Jones AO and Ron Finlay to the Society of Construction Law titled Dispute Review/Resolution Boards do they work? - 11 February 2014 and connected by video link throughout Australia and including Hong Kong and New Zealand Presented on Dispute Resolution Boards to LEADR IAMA Kongres 2015
SIMON PATRICK O SULLIVAN QC APPENDIX I - LIST OF CASES 1. Government re-entry on a HK$30m contract involving applications before the High Court of Hong Kong and the Court of Appeal. 2. Dispute over design responsibility and interpretation of contract conditions on a HK$10m claim arising out of the construction of a submarine pipeline. a. DN Keating QC as arbitrator. 2. HK$18m claim by a contractor for delay and disruption arising out of the laying of water mains on Hong Kong and Kowloon. 3. HK$14m claimed for late possession and allegations of delay and disruption on an earthworks contract - Sir William Stabb QC (Retired Official Referee of the English High Court) as arbitrator. 4. HK$36m claim by contractor over re-rating because of an increase in quantities on a large earthworks contract. 5. HK$20m claimed arising out of late possession and inclement weather in relation to a road construction contract. 6. HK$30m liquidated damages claim arising out of a major tunnelling and road project, comprising 7 interconnected contracts totalling HK$699m. Application by the contractor for a declaration that the liquidated damages clause was void. Appeared as counsel or junior counsel at all stages including before the Privy Council. 7. HK$58m claim by a contractor for new rates arising out of tunnelling project. 8. HK$120m claim arising out of the construction of a large public housing project including re-rating, valuation of variation orders, delay and disruption claim. Appeared as junior counsel to London leader. 9. HK$180m rating claim arising out of the assessment of the rateable value of oil terminals. 10. AUD$3m for delay and disruption and variations to fabrication of large iron ore car dumping facility. 11. AUD$2m claim arising out of the construction of a paper Pulp Mill involving claims for variation and extension of time.
12. A multi-million dollar claim involving allegations of breach of trust on an investment scheme. 13. A professional indemnity claim on a construction of a concrete apron for use as a transport depot. 14. Application for declaration that a patent on a road roller was void in answer to an infringement application. 15. Infringement proceedings relating to the infringement of a patent on a roof ventilator. 16. An AUD$30m dispute concerning a copper smelter including complex questions of suitability of the smelting process as designed. 17. A dispute over the failure of a malting facility due to engineering defects. 18. Advice in relation to an inquiry into a death at a bulk handling facility. 19. A dispute involving the refurbishment of the Adelaide Festival Centre. 20. A multi-million dollar claim involving the suitability of a harbour for ferry operations involving complex questions of coastal engineering. 21. A multi-million dollar claim arising out of the development of an anti-leukaemia drug involving international experts and complex questions of structural and metabolic biochemistry. 22. A dispute over the development of a Uranium Mine in the Northern Territory. 23. A claim arising out of materials supplied for packaging seafood for export. 24. A multi-million dollar dispute concerning marine outfalls from a research laboratory. 25. A dispute over the redevelopment of a power station and loss alleged to have arisen out of a co-generation plant. 26. A dispute over the development of marine services in Port Lincoln. 27. A dispute over the development of a hockey facility on reactive soils. 28. A multi-million dollar dispute over the refurbishment of a Hydro Electric facility - New South Wales.
29. Acting for the State of South Australia in a complex action against the Crown alleging the stolen generation, spanning 50 years and multiple causes of action. 30. A multi-million dollar dispute over the failure of a coffer dam during marine works. 31. A dispute over the refurbishment of a power station at Port Augusta. 32. A dispute over the design of aero bridges at Adelaide Airport. 33. A multi-million dollar dispute over the refurbishment of a blast furnace at Whyalla. 34. A multi-million dollar dispute over the development of a processing facility at an Iron Ore Mine in South Australia. 35. A multi-million dollar dispute concerning the design, construction and supply of a crushing facility for an iron ore plant in the Northern Territory. 36. A dispute over loss sustained as a result of a derailment. 37. A dispute involving three properties suffering defects as a result of reactive soils and involving complex geotechnical evidence. 38. A $65 million dispute over a jetty from which petroleum products were exported. 39. A dispute over the design of a bascule bridge at Port Adelaide. 45. A dispute over forward grain contracts. 46. A dispute over the licensing of intellectual property for pipe extrusion involving rectification of contracts. 47. A professional indemnity action involving financial advisors. 48. A professional indemnity action involving legal advice in relation to taxation. 49. A multi-million dollar dispute concerning the refurbishment of defence facilities. 50. A multi-million dollar dispute concerning the design and construction of grain silos. 51. A dispute in relation to the design and installation of electrical services at a construction camp for the development of an iron ore mine in the Pilbara.
52. A multi-million dollar dispute over the failure of a grain loader at a port and consequent loss said to have arisen. 53. A multi-million dollar claim involving the catastrophic collapse of fermenters at a winery. 54. A $3m claim involving defects in relation to a development undertaken a number of years prior involving complex questions of lost categorisation and proportionate liability. 55. A multi-million dollar claim involving alleged defective design and construction of parts of the redevelopment of an electrical Tramway System. 56. A multi-million dollar claim in relation to civil works at a coalmine in Queensland. 57 A multi-million dollar claim in relation to a water treatment facility as part of a Coal Seam Gas project in Queensland. Not all of the above matters proceeded to a hearing. Some may have settled or are yet to be listed. There are also a number of other matters involving corporations, construction and engineering, director s duties, trusts, trade practises and intellectual property which have yet to go to hearing or which have settled.