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Andrew Kostopoulos

A.BACKGROUND INFORMATION

  1. Mr Andrew Kostopoulos was admitted to the NSW Bar in 1990. Mr Kostopoulos specialises in Commercial Disputes, Building and Construction Law, Contract Law, Insurance Law and Industrial Relations. His Building and Construction Law experience is extensive. He has been involved in cases with claims in disputes with the value in excess of (AUS) $3.4 billion.
  2. Prior to his legal qualifications, Mr Kostopoulos was employed in the Insurance Industry employed for over 4 years with Reed Stenhouse and Royal Australian Institute of Architects in Sydney actively involved in the Bordereaux system, risk management, risk assessment, actuarial methodology and professional indemnity, general and re- insurance.
  3. Whilst studying for his law degree at evening University at UTS, Mr Kostopoulos was employed for 2 years in the litigation and risk assessment re-insurance team of Australia’s then largest insurer, GIO Insurance with conduct and carriage of over 400 litigation and risk adverse files involving multi-party and multi-dimensional insurance risk issues.
  4. Since qualifying as a lawyer in 1990, as counsel he has been actively engaged in a wide range of public law matters and was an Officer of the Australian Defence Force (ADF) from 2001-2011, a member of the Defence Counsel Bar and a Senior Trainer and Mentor of ADF Junior Legal Officers.
  5. From 2006-2011 he was of the first then most experienced Auditors for the Inspector General of the Australian Defence Force (IGADF) and is thus skilled in audit and risk management.

B. RISK MANAGEMENT AND STRATEGIC ADVICE

  1. He has defended Army Personnel in the Australian Military Court in relation to criminal charges and has represented members of the ADF in the Public Inquiry into conduct on the HMAS Success – one of the most significant, complex and lengthy inquiries into the conduct, drug use and bastardisation of ADF personnel (Navy).
  2. The extensive audits conducted involved processes, systems, fact-finding and breaches of any Acts or legislation relevant to, and including, fraud, concealment and criminal activity in relation to the audits and risk management of the tri-service of the ADF (Army, Navy and Air-Force).

C. PROFESSIONAL ACTIVITY

  1. He is a Fellow of the Commercial Law Association of Australia, was a Member of the NSW Bar Association Professional Conduct Committee.
  2. In 1998 he was certified by the NSW Bar Association on the Statutory List of Masters for pupils and readers at the NSW Bar. Amongst his many organisational duties he is the Group Leader and Senior Assessor and Trainer of the NSW Bar Readers’ Programme.
  3. Mr Kostopoulos is well skilled in risk management and has been involved in training and workshops for Boards, MDs and senior management for Construction/Engineering and European Banks.
  4. He is also a lecturer and presenter for Legalwise, Law Society of NSW, NSW Bar Association, National Electrical and Communication Association (NECA) in Adelaide, South Australia and other professional associations on topics of law.

D. INQUIRIES

  1. Mr Kostopoulos was the President of The Australian Lawyers Phil-Hellenic Association (ALPHA) from 2008-2011, of which he was a founding member. He remains a member of this Association.
  2. Mr Kostopoulos has been involved in a number of public Inquiries including the 1994-1997 Wood J Royal Commission into corruption in the NSW Police Service and Police Integrity Commission (PIC) and Independent Commission Against Corruption (ICAC).
  3. He has also appeared on behalf of and against the police in malicious prosecution and false imprisonment/arrest litigation.
  4. Mr Kostopoulos is currently briefed in an ICAC Inquiry commencing 17 March 2014 into Australian Water Holdings.

E. ALTERNATIVE DISPUTES

  1. As an experienced Arbitrator and Alternative Dispute Resolution (ADR) practitioner, he has conducted more than 300 complex ADR procedures.

F. CULTURAL AWARENESS

  1. Mr Kostopoulos’ cultural interest and upbringing have encouraged him to become an advocate of cultural awareness and work practices of Equal Employment Opportunity.
  2. Mr Kostopoulos is fluent in English, Greek and confidently holds conversations in Italian and less so in Russian and can read and write in all the above languages.

G. RECENT DISPUTES

  1. Experienced in International Law through his involvement in the military and has been involved as Lead Counsel in International Court of Arbitration (ICC) Arbitrations in matters involving the dispute covering the construction of a (AUS) $1 billion Power Plant in Queensland and the (AUS) $5 billion construction of a Seaport for Resources Shipment and (AUS) $3.4 billion mining dispute in Papua New Guinea (PNG).
    Matters in 2012
  2. Throughout 2012, Mr Kostopoulos was involved in a dredging, mining and construction disputed claims with parameters in excess of $100 million â€“ involving apex tier corporations in Mining Engineering and Exploration in Australia and he has been acting for one of the largest Dutch privately owned dredging companies, both here and overseas.
  3. Mr Kostopoulos has advised in Lease disputes and Capital Raising matters involving over $100 million and in respect of the Australian Corporations Law for directors and shareholders corporate conduct and ethics and matters involving the Australian Consumer Law (formerly Trade Practices Act).
  4. Mr Kostopoulos also advised a top-tier Chinese property developer with offices in Australia for the risk management of the Australian arm of the Company after the collapse of Southern Cross Constructions on 26 October 2012 in the Australian property and development market and lead a multi-disciplined team (in excess of 20 highly skilled professionals) to forge an advantageous outcome for the developer.
  5. The above matters also interplay with Insurance Issues involving all levels of insurance including the Insurance Contracts Act, indemnities, subrogation, claims, disputed claims, excess, admissions of liability, duty of good faith and disclosure, notice and denial of cover matters.
    Matters in 2013-2014
  6. Recently, Mr Kostopoulos has been involved in a large contractual construction disputes for an international Portuguese manufacturing supplier and contractor, a dispute in excess of $4 million.
  7. Currently, Mr Kostopoulos is involved in a complex mining dispute involving ICCC international arbitration in Papua New Guinea and the parameters of the dispute are in excess of (US) $3.4 billion. The matter involves a significant complex dispute concerning one of the 10th largest gold and silver producing mines in the world and the largest gold and silver mine in Papua New Guinea.
  8. Other matters involve Mr Kostopoulos appearing at ICAC, a dispute in the Federal Court involving convertible notes in excess of $5 million and a $10 million dispute involved in the Federal Court including misleading and deceptive conduct under the Australian Consumer Law.
  9. Other subordinate matters involve concealment issues, Australian Consumer Law (misleading and deceptive conduct) litigation, advising governments for corrupt activity identification and processes, mining and exploration matters (at both front and back end issues), due diligence, corporate governance and ethics, general commercial advice and criminal matters.
  10. The recent briefs to Mr Kostopoulos have come directly from the most senior partners of HWL Ebsworth Sydney, Kreisson Legal Sydney and Prime Lawyers.
  11. Mr Kostopoulos often advises the commercial partners at HWL Ebsworth Sydney in commercial sales and purchase agreements involving due diligence, contract clauses and breaches of contract involving the purchases and sales of commercial property Australia wide for transactions between (AUS) $50-$400 million.

H. PERSONAL HIGHLIGHTS

  1. Mr Kostopoulos is a passionate Hellene and promotes his cultural heritage and roots.
  2. Mr Kostopoulos is well-armed to deal with all cultures, their negotiating styles, approaches and requirements and can bring people together when negotiating deals.
  3. His Greek heritage from Hellenic Diaspora means he has a water-shed work ethic and his capacity is imbibed with long and responsible work hours to achieve results.
  4. His main function is to lead multi-professional, multi-tiered, multi-tasked and multi-skilled solution seeking teams.
  5. Mr Kostopoulos is also a dynamic and powerful public speaker drawing upon Ancient Greek teaching methods of logic, ethics and rhetoric to infuse the message to his listeners and is a wonderful and patient teacher and mentor.
  6. Life’s diplomas have provided Mr Kostopoulos with great experiences to do the work, lead and teach in any growing organisation facing problems.
  7. Mr Kostopoulos thrives on taking control and advancing any organisation from its problems.