Philip Carr

PRACTICE AREAS AS COUNSEL

 

  1. Insurance/Reinsurance disputes – acting for insureds against insurers and 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/ Family Provision/Succession Act/ 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
  7. Administrative/ Migration Law
  8. Inquiries – APRA, ASIC, ACCC, ICAC and the NSW Ombusdman

EDUCATION

 

TERTIARY

The University of Sydney

1980 – Bachelor of Arts

1983 – Bachelor of Laws

ADMISSIONS

1983 Certificate in Practical Legal Training

Admitted to Practice as a Solicitor of the Supreme Court of New South Wales September 1982

Practiced as a solicitor to February 2004 (22 years)

Admitted to the NSW Bar February 2004

Nationally accredited Mediator 2013

 

EMPLOYMENT

 

Jan – July 1980

Associate to the Honourable Mr Justice RJB St John

Federal Court of Australia, Sydney

July 1980 – Jan 1981

Associate to the Honourable Mr Justice JA Kelly

Federal Court of Australia and ACT Supreme Court, Canberra

Apr 1987 – Dec 1990

Solicitor

Phillips Fox

Areas of Practice

  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 advices

Dec 1990 – July 1996

Partner

Watkins Tapsell

Areas of Practice

  1. Professional negligence in the areas of Surveyors, Project Managers, Engineers and Insurance Brokers

  2. Commercial litigation

  3. Public liability

Aug 1996 – Oct 2000

Partner

Hicksons

Areas of Practice

  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 handling

  3. Insurance policy advices

  4. Liability of public authorities

  5. Trade Practices Act advices

  6. Commercial disputes

Nov 2000 – July 2003

Partner

Hunt & Hunt

Areas of Practice

  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 – Date

Barrister at Law

5 Wentworth Chambers and Blackstone chambers

 

APPOINTMENTS PREVIOUSLY/ CURRENTLY HELD

 

  • Nationally accredited mediator – 2013 to date
  • Expert Determiner – NSW Bar Association – 2010 to date
  • District and Supreme Court appointed arbitrator – 2013 to date
  • Workers Compensation Commission appointed Mediator 2014 to date
  • Facilitator – Defence Force Ombudsman – 2017 – 2020
  • Member of the Bar Association ADR Committee – 2016 to date
  • Court appointed mediator for the Federal Court of Australia (native title jurisdiction) – appointed May 2010 to date
  • Past Member of the Arbitration Committee of the Law Society
  • Past Chairman of the Education and Seminars Committee of the Australian Insurance Law Association and Committee Member of the Australian Insurance Law Association from 1995 to 2000
  • Past Member of the Australian Insurance Institute and the Australian Insurance Law Association (1990 – 2011).
  • Past Accredited Specialist in both Commercial Litigation and Advocacy (Commercial Litigation)
  • Past Early Neutral Evaluator for the Supreme Court of NSW (2000 to 2004)
  • Past Arbitrator of the District and Supreme Courts of NSW (2000 to 2004)
  • Past Court Appointed Mediator of the Dust Diseases Tribunal (2000 to 2004)
  • Past Member of a Professional Conduct Committee of the NSW Bar Association (2007 – 2009)

 

REPORTED 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).

Young v King (No. 8) [2015] NSWLEC 187 (1 December 2015) – Applications for summary dismissal of costs claims made by an unsuccessful party against a number of non-parties.

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

Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10 (25 January 2017)– Family Provision – application by former wife – where relationship arose in course of professional doctor/patient relationship – cohabitation of 18 months – application made 25 years after separation and 23 years after final matrimonial financial settlement – where applicant had care responsibility for 6 year old child until 21 – where applicant embarked on course of hostile action against deceased – where applicant’s earning capacity subsequently affected by motor vehicle accident – where deceased prospered financially – where deceased dies intestate with daughter only beneficiary of $5 million estate – whether factors warranting application – held, enduring impact of relationship on applicant, applicant’s indirect contribution to deceased’s estate, size of estate and absence of competing claim provide factors warranting – proper provision would enable acquisition of reasonably appropriate home, living expenses for life expectancy, and small fund for contingencies.

Lodin v Lodin [2017] NSWCA 327 – SUCCESSION – family provision – application for family provision order under s 57(1)(d) of the Succession Act 2006 (NSW) by former spouse of deceased – primary judge awarded $750,000 legacy out of estate valued at about $5 million – whether factors warranted the respondent making the application within s 59(1)(b) of the Succession Act 2006 (NSW) – whether respondent a natural object of testamentary recognition in circumstances where marriage had ended 25 years previously and financial affairs resolved by final orders of Family Court.

 

EXAMPLES OF PAPERS/SEMINARS PRESENTED

 

“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 200,

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

“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, and

“Obtaining the best outcome for your client at mediation” – presented to Legalwise Seminar on 22 August 2014, Sydney and the NSW Bar Association members seminar at Parramatta March 2017 and Ballina February 2018.