Richard Bell
B.A.,LL.B (UNSW)
Barrister at Law
Accredited Arbitrator
Accredited Mediator
Equity and Probate and Family Provision
Matrimonial litigation
Commercial and land law claims
Admission to NSW Bar: 1981
Arbitration and Mediation
Regular mediation in diverse areas including family provision, probate and other family disputes, commercial, family partnership and defacto and building disputes. Richard has frequently acted as Counsel for parties in mediations and prepared many papers for the Bar Association and lawyers on the conduct of mediations. He is a current member of the Bar Council’s Mediation Committee and current NSW Supreme Court panel mediator.
Litigation
Since 1981 Richard has appeared in a wide range of cases at trial, including jury trials, appellate hearings including the High Court of Australia, NSW Court of Appeal and Supreme Court (Equity and Common Law divisions), Full Federal Court, Federal Court, Family Court of Australia at trial and appeal, District Court, Dust Diseases Tribunal and the Court of Disputed Returns.
Amongst those cases include
High Court
Appearances in special leave applications including matrimonial matters (Su v Chang (2002) 29 Fam LR 406 covering disclosure obligations; and Mackay concerning superannuation) and common law applications.
Family court
Counsel in Su v Chang at first instance, appeal and the special leave application. Su v Chang is a leading authority concerning obligations of full disclosure and the appropriate approach to trials involving this issue.
Counsel in Webster in an appeal which concerned the appropriate treatment of trusts and other corporate entities.
Chorn v Hopkins (2004) FLC 93-204. This appeal concerned
Other family cases are not identified for privacy reasons but are available.
Court of Appeal
Townsend v Townsend [2006] NSWCA 352 concerned the appropriate approach to defacto claims in involving private corporations and tax issues.
Hayes v Jones (analysis of defacto claims).
Court of Disputed Returns
In the matter of the election of a member of the Legislative Assembly for the electoral district of Maitland at the election held on 25 May 1991Supreme Court of NSW Court of Disputed Returns, 11 December 1991. The case concerned 4 marginal electorates being more than the government’s majority at the time and the proper treatment of ballot papers.
Equity
Many Family Provision or Commercial disputes
Copyright, Strata Management
Southern Cross Hotels Group v Owners Strata Plan [2007] NSWSC 939 (strata management plan access rights)
Insolvency
Bankruptcy, Winding up, Preference claim matters
Conducting examinations and advising and appearing for corporate directors.
Commercial
Acting for customers or banks over mortgage or security arrangements or review of contractual arrangements such as Trade Practices Act or Contracts Review Act litigation and advice.
Professional negligence
Advising or appearing in actions involving valuers, doctors, solicitors and advisors
Family Provision and Estates
Representing parties in Family Provision Act litigation or Probate cases concerning testamentary capacity, undue influence, construction of wills etc.
Toyama/Brownie
Issues concerning estoppel, agency, partnership
Memberships
NSW Bar Association
Director of Australasian Disputes Centre for Bar Council of NSW
Member NSW Bar Association Mediation Committee
Current panel Mediator for Supreme Court of NSW
Current member and Director 16th Floor Wardell Chambers, Sydney
Former member of Bar Council Family Law Committee
Formerly District Court Arbitrator
Former Bar Council representative on the District Court Civil Users Committee
Previous occupation or roles
Litigation solicitor
Papers/CLE
Frequent CLE papers to Bar Association, College of Law, Australian Advocacy Institute and professional bodies on mediation, equity and matrimonial litigation, advocacy and cross-examination. Occasional author Bar News and NSW Law Society Journal.
Community
Presenter 2NSBFM (FM 99.3) Community Radio program
Mock Trial coach
