Philip Carr

Areas of Practice

  1. Insurance/Reinsurance disputes–generally acting for insurers
  2. Policy advice–TPD, Life insurance claims, Financial lines and Professional indemnity disputes
  3. Insurance related litigation, including professional negligence (solicitors, real estate agents, project managers, engineers, nurses, hospitals and medical practitioners), construction and building, product liability, general liability (hotel and security related disputes),motor accident/CARS assessment claims
  4. Equity/FamilyProvision/SuccessionAct/Injunctions
  5. Commercial Law-Trade Practices/Australian Consumer Law related disputes and advices and Partnership and Joint Venture disputes
  6. Mediations, Arbitrations and Expert Determinations–I have been appointed to conduct in excess of 200 Mediations in both private and statutory capacities. The mediations arise across a range of disputes, including large commercial claims exceeding $15 million dollars in damages (a partnership dispute involving serious allegations of fraud) to claims of workplace bullying and sexual abuse.
  7. Administrative/Migration Law
  8. Inquiries–APRA, ASIC, theACCC, ICAC(NSW) and the NSW Ombudsman.

Date of Admissions

The University of Sydney

1980 – Bachelor of Arts.

1983 – Bachelor of Laws.

Qualifications

Certificate in Practical Legal Training-1983

Admitted to the NSW Bar – February 2004.

Nationally accredited mediator (Victorian Bar Association) – 2013.

Selected cases

Condon and Anor v Commissioner of Taxation and Ors [2004] NSWSC (14 June 2004) – On pleading/procedure under the Corporations Act.

SZPCW v Minister for Immigration and Multicultural & Indigenous Affairs [2005] FCA 3 May 2005 – On a question of administrative law error.

Thermasorb Pty Ltd v Rockdale Beef Pty Ltd [2005] NSWSC (19 April 2005) – On the question of the interstate transfer and consolidation of proceedings.

Fostif Pty Ltd v Campbells Cash & Carry Pty Ltd [2005] NSWCA 83 (31 March 2005) – On an issue of champerty and procedure.

Bassindale v Western Area Health Service [2006] NSWSC (12 July 2006) – On the question of the administration of Interrogatories and whether they were oppressive.

SZFWZ v Minister for Immigration & Multicultural Affairs [2007] FCA (21 February 2007) – On a question of administrative law error.

SZJCM V Minister for Immigration & Citizenship [2007] FCA (26 February 2007) – On the question of administrative law error.

SZIWW v Minister for Immigration & Citizenship [2007] FCA (26 February 2007) – On a question of administrative law error.

SZGZH v Minister for Immigration & Citizenship [2007] FCA (4 April 2007) – On a question of administrative law error.

Yerbury v Macquarie University [2007] NSWSC (15 June 2007) – On the question of undertakings as to confidentiality.

Bell v Veigel; Bell v Broughton; Broughton v Veigel [2008] NSWCA 36 (20 March 2008) – On the adequacy of reasons.

Kennett and Anor v Mayrana Pty Ltd and Ors (No 9) [2008] NSWIRCOMM 106 – On unfair contracts and expert evidence.

Davis v Veigel; Davis v Broughton; Bell v Veigel; Bell v Broughton [2011] NSWCA 170 (29 June 2011) – On the adequacy of reasons, primary judge’s findings credit-based – whether alleged errors in primary judge’s reasoning sufficient to vitiate decision and pleadings issue – UCPR r 14.14(2)(a).

ACCC v Renegade Gas and Ors [2014] Federal Court of Australia – cartel conduct and penalty hearing.

Selected Publications

Obtaining the best outcome for your client at mediation” – presented to Legalwise Seminar on 22 August 2014, Sydney and LawCover February 2016.

Proportionate Liability” – presented to the College of Law, Legalwise Seminars, the University of NSW, the University of Newcastle and the Newcastle Law Society and the Australian Lawyers Alliance in 2010, 2011, 2012 and 2013.

Pleadings – some observations” – Presented to the October 2009 Australian Lawyers Alliance conference at Sanctuary Cove.

Drafting in Civil Litigation” – Presented to Legalwise seminars on 30 March 2007.

The Preparation of Expert witnesses, exploring ethical issues” – Presented to Legalwise seminars in March 2006.

Terrorism risk cover – a significant development” – Presented to the Lloyds market in London March 2003.

The Civil Liability (Personal Responsibility) Act 2002” – presented to the Lloyds market in London in December 2002.

Reinsurance – Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 NSW” – Presented to the Lloyds market in London, May 2002.

Recent cases touching upon the Insurance Contracts Act” – Presented to the Lloyds market in London, May 2002.

Legislative Reform of Tort Law in Australia” – presented to the Lloyds market in London, May 2002.

Recent decisions on prejudice under the Insurance Contracts Act” presented at Hunt & Hunt solicitors October 2001 and to the Lloyds market in London in November 2003.

How an insurer can prove prejudice” – presented as a part of the Professor Kenneth Sutton Insurance Lectures at Hunt & Hunt, 20 June 2001.

EMPLOYMENT HISTORY

Jan –July 1980 Associate to the Honourable Mr Justice RJB St John, Federal Court of Australia
July 1980 –Jan 1981 Associate to the Honourable Mr Justice JA Kelly, Federal Court of Australia, ACT Supreme Court and the Supreme Court of Norfolk Island
1984 – 1987

 

Areas of Practice

Solicitor

The NSW Legal Aid Commission

Appearing at committal hearings in respect of indictments for murder, manslaughter and serious assaults, acting as the duty solicitor at the Local Court (St James Federal Magistrates Court and at the Bathurst, Lithgow, Dubbo, Parkes, Forbes, Wollongong, Mudgee, Kiama and Orange Local Courts), conducting severity appeals to the District Court, indictable work (including appearing on sentence, instructing at trials and on appeals to the Court of Criminal Appeal), a twelve month secondment to the Attorney Generals’ Department (Canberra – policy and research), appearing as the duty solicitor in Mental Health Review Hearings (Orange) and appearing on appeals to the SSAT and the AAT (relating to the overpayments of social security benefits).

Apr 1987 – Dec 1990

 

Areas of Practice

Solicitor

Phillips Fox

  1. Professional negligence in the areas of Valuers/Real Estate Agents, Engineers, Architects and Solicitors
  2. Liability of public authorities
  3. Product liability
  4. General liability
  5. Insurance policy advice
1990 – 1996

Areas of Practice

Watkins Tapsell and Nolan (Sutherland)

  1. Professional negligence in the areas of Surveyors, Project Managers, Engineers and Insurance Brokers
  2. Commercial litigation
  3. Public liability
1996 – 2000

Areas of Practice

Partner – Hicksons

  1. Insurance law with particular emphasis on professional negligence in the areas of Insurance Brokers, Real Estate Agents, Engineers, Surveyors, Hospitals and Computer Consultants
  2. Insurance Contracts Act matters involving construction of the Act and general claims disputes
  3. Insurance policy advice
  4. Liability of public authorities
  5. Trade Practices Act advice
  6. Commercial disputes
2000 – 2003

Areas of Practice

Partner – Hunt & Hunt

  1. Insurance law with particular emphasis on professional negligence in the areas of Educational Institutions and general liability claims.
  2. Reinsurance
  3. Trade Practices Act
2004 to date Barrister at Law
2010 – to date Accredited Arbitrator (NSW Bar Association)
2013 –to date Nationally accredited Mediator (IAMA)

 

APPOINTMENTS PREVIOUSLY/CURRENTLY HELD

Nationally accredited mediator (IAMA) – 2013 to date.

Expert Determiner – NSW Bar Association – 2010 to date.

District and Supreme Court appointed arbitrator – 2013 to date.

District and Supreme Court appointed mediator – 2013 to date.

Arbitrator – NSW Bar Association – 2010 to date.

NSW Workers Compensation Commission appointed Mediator – 2014 to 2017.

Court appointed mediator for the Federal Court of Australia (native title jurisdiction) – 2010 to 2013.

Member of the Arbitration Committee of the Law Society (1993 to 2000).

Chairman of the Education and Seminars Committee of the Australian Insurance Law Association (1994 to 1997)

Committee Member of the Australian Insurance Law Association (1995 to 2000).

Past Member of the Australian Insurance Institute

Member Australian Insurance Law Association (1990 to 2005).

Accredited Specialist in both Commercial Litigation and Advocacy (Commercial Litigation) (Law Society of NSW).

Early Neutral Evaluator – The Supreme Court of NSW (2000 to 2004).

Arbitrator of the Supreme Court of NSW (2000 to 2004).

Arbitrator of the District Court of NSW (2000 to 2004).

Court Appointed Mediator of the Dust Diseases Tribunal (2000 to 2004).

Member of a Professional Conduct Committee of the NSW Bar Association (2007 to 2009).

Memberships

Member of the NSW Bar

Member of the Victorian Bar
Member of the Institute of Arbitrators and Mediators Australia