2 Selborne Chambers is delighted to welcome our new reader and floor member, Jonathan Abednego.

Jonathan specialises in tax law, commercial law and as a mediator, in alternative dispute resolution.

Before coming to the Bar, Jonathan held various senior and executive management positions within BT Financial Group, Westpac and Wesley Mission. He joins us with over 18 years’ experience in banking and finance, and as a former accountant, solicitor and board director.

He advises on a broad range of matters including taxation disputes, contracts and commercial transactions, prudential regulation, building and construction, corporate governance, mergers and acquisitions, and government and administrative appeal.

Jonathan holds degrees in law, business, computing science and music, and an MBA from the Australian Graduate School of Management.

To brief Jonathan, including his availability and fees, please contact our Clerk on 02 9233 6400 or clerk2@selbornechambers.com.au

Following the success of our sold out inaugural 2024 Property & Family Law conference, we are delighted to announce the 2025 Law Conference hosted by  2 Selborne Chambers.

Date:         Thursday 20^th March 2025
Location:  Noah’s on the Beach, Newcastle, NSW, Australia

We’re back with an exciting program featuring esteemed speakers, insightful discussions, and invaluable networking opportunities. This is your chance to connect with industry leaders and enhance your legal expertise. Stay tuned for updates on our agenda and speakers.

Mark your calendars for this not-to-be-missed event.

2 Selborne barrister Mr Simon Burchett joined the record breaking 25,000 participants on Sunday 15 September 2024 to complete 42 Km Sydney Marathon. Mr Burchett said it was an honour to run with brave people like  90 year old Japanese  Koichi Kitabatake and Madison de Rozario in her racing wheelchair and the runners from Kenya and Ethiopia winning the men’s and women’s races in record times. Mr Burchett thanks everyone who supported him in donations to raise $1,000 for UNHCR.

On 11 March 2024, a LATAM Airlines Boeing 787-9 operating as LATAM Airlines Flight 800, on a scheduled international passenger flight from Sydney, Australia, to Santiago, Chile, with a stopover in Auckland, New Zealand, experienced an in-flight incident approximately two hours into the first leg of the journey. Of the 272 passengers on board, 50 were injured, with 12 requiring hospitalization upon landing in Auckland.

As both a barrister at 2 Selborne Chambers and a commercial pilot for Qantas, Mr. Damien Toohey offers a unique perspective on the LATAM Airlines incident. Together with Victoria Roy, of Victory Travel and Cruise Lawyers, they explore the complexities of legal compensation for air travel accidents, in light of the recent LATAM Airlines case.

Watch Damien Toohey’s detailed discussion on the topic on the video below:

Barristers of 2 Selborne Chambers Danny Feller SC, Simon Burchett, Andrew Kostopoulos, Laina Chan and Michelle Meares were joined by David Pritchard (missing from the picture), John Armfield, Ada Lim and Nicola Bailey at the 2024 Bench and Bar Dinner held in the Grand Ballroom of the Hyatt Regency Sydney on 10 May 2024.

Our Barristers enjoyed an evening of fine food, comradery with their fellow Bench and Bar members and speeches delivered by:

• The Guest of Honour, the Hon Justice R Beech-Jones of the High Court of Australia.
• Mr Senior, Mr Stuart Lawrance SC of Tenth Floor Chambers.
• Ms Junior, Ms Rose Khalilizadeh of Public Defenders Chambers.

Barristers of 2 Selborne Chambers Laina Chan, Vera Culkoff, Mark Friedgut, Nipa Dewan, Jack Whelan and Michelle Meares, presented the 2024 Property and Family Law Conference on Thursday 21 March 2024 at Noah’s on the Beach, Newcastle.

Conference highlights included:

• Fireside chat with the Honourable Justice Bruce Smith and Judge Vivien Carty providing valuable perspectives on how to best assist the Bench
• Closing keynote by the Honourable J K Ward, President of the New South Wales Court of Appeal
• An interactive ethics workshop
• Three panels hosted by our Barristers and special guests David Pritchard SC, Ian Duane, Adrian Maroya and Peter Kernan

Conference attendees were also invited to an exclusive raffle of prizes including:

• Pair of Christian Louboutin shoes donated by Chrisitan Louboutin
• Cricket bat signed by esteemed Aussie Cricket Team Captain, Pat Cummins
• Australian Netball uniform, autographed by the Netball World Cup 2023 Champions, The Australian Diamonds

The proceeds of the raffle and profits from the conference were proudly donated to Jenny’s Place, a locale Newcastle charity providing safety for women and children from domestic violence.

Stay tuned for future conferences as 2 Selborne Chambers is committed to deepen the relationship between the Bar and solicitors in the regional areas.

Do many of your cases run on written statements or affidavits? Would you like to prepare your written evidence in the most efficient and ethical way, and present it in the way that is most compelling?

In this paper, 2 Selborne’s Cameron Jackson provides a comprehensive guide to doing just that.

The examples given are from the disciplinary and coronial areas of practice, but their application is universal.

The paper had its genesis in a presentation given to a prominent law firm practising in the health law area, and we are pleased to make it available to our LinkedIn community. Please contact our clerk if you would like Cameron to present at your firm.

To download this paper click here – https://www.2selborne.com.au/wp-content/uploads/2024/03/Camerons-Paper.pdf

Michelle Meares and Laina Chan were both recently highlighted in articles discussing the recent NSW Regional Women Lawyers (NRWL) industry group conference in Armadale. The pieces emphasise the significance of promoting and bolstering regional and rural women aspiring to reach senior positions within the legal field, where they remain under-represented.

Link to full articles below –

https://www.une.edu.au/connect/news/2024/02/boosting-rural-and-regional-women-lawyers-the-focus-of-conference-in-armidale

Conference in Armidale talks improvement for female lawyers – NBN News

Former immigration detainee Nahi Al Sharify, represented by Mr. Peter Berg, faced legal challenges for breaching visa conditions after returning to Iraq for a kidney transplant. His case highlights the complexities of immigration policies and the need for comprehensive support for individuals reintegrating into society.

Link to full article – Former High Court detainee arrested in Sydney for alleged visa breach | news.com.au — Australia’s leading news site

Laina Chan, from 2 Selborne Chambers, recently garnered attention in The Australian Financial Review’s article, “Inside the Legal Fraternity’s Eclectic Private Art Collections.” The piece not only reveals her architect designed and meticulous curated chambers but also showcases her impressive collection of exquisite glass vases. Additionally, it highlights the artistic contributions of her sister, Wai Ling Chan. This distinguished presentation is complemented by the collections of esteemed figures such as The Hon Chief Justice Andrew Bell, The Hon Justice John Sackar KC, The Hon Justice Richard Weinstein SC, and Michelle Painter SC.

Immerse yourself in these captivating collections by downloading the full article here – https://www.2selborne.com.au/wp-content/uploads/2024/02/AFR-Article-1.pdf

17.09.2023

Yesterday, our Floor Leader, Simon Burchett, ran the Sydney Marathon, completing the distance of 42.2km in 4 hours and 27 minutes, although adding an extra kilometre navigating through the largest number of participants in a Marathon in Australia, his official time was recorded at 4 hours and 34 minutes. Out of the 13,250 participants, Simon secured the 7,056th place overall, 5,563rd place among male participants, and 76th place within his (undisclosed) age group.

Simon’s marathon journey managed to raise $1,351 for UNICEF and all donors are thanked for contributing to a brighter future for children in need. Most importantly, Simon emerged unscathed.

Donations can still be made at https://sm23.grassrootz.com/unicef/simon-burchett.

#MarathonUpdate #UNICEFSupport #SydneyMarathon

18.09.2023

Please be aware that The Supreme Court of New South Wales has advised all matters listed from the 19/9/23 to the 22/9/23 will continue to be heard. Court rooms in Wentworth Chambers, Hospital Road, St James Road, King Street, the Chief Secretary’s Building and the Land & Environment Court will be used. The Daily Court List will indicate the court rooms. The Joint Law Courts Building will not be used for hearings this week.

12.09.2023

On Sunday, September 17th, Simon Burchett will be putting on his running shoes to participate in the Sydney Marathon. Simon has joined forces with UNICEF and has raised approximately $1000 in donations to date, securing his position as the leading fundraiser for Team UNICEF. But there is still time to raise more.

Your contribution, whether large or small, will support Simon in his mission to ensure that children and young people in need across the world are healthy, educated and safe.

Donations can be made at:

https://sm23.grassrootz.com/unicef/simon-burchett

03.08.2023

Simon Burchett has entered in the Sydney Marathon on 17 September 2023 seeking to raise funds for UNICEF, which can be donated by use of the following link:

https://sm23.grassrootz.com/unicef/simon-burchett

04.07.2023

In this case note in the Insurance Law Bulletin, Laina discusses AIA Australia Ltd v Sharma [2023] FCAFC 42— continuing misrepresentations and s 29(2) of the Insurance Contracts 1984 (Cth).

The article can be downloaded here

04.07.2023

Laina accepted an urgent brief from the NSW Bar Pro Bono Scheme to act for an elderly couple with dementia who were at risk of losing their ingoing contributions to a retirement village in Goyal v West.

The article can be downloaded here

04.07.2023

The Design and Building Practitioners Act provides that a person who carries out ‘construction work’ has a duty to exercise reasonable care to avoid economic loss caused by defects in, or related to, a building for which the work was done.

The article can be downloaded here

22.05.2023

Yesterday, our Floor Leader, Simon Burchett ran the Runaway Sydney Half Marathon (21km), to raise money for the UNICEF, and finishing in an official time of 2 hours 7 minutes (59/105 in his age bracket), just 5 minutes behind the former President of the NSW Bar Association, Moses, although the latter obviously had the advantage of parting the sea of 8,850 other runners in front of him. Donations can still be made to the UNICEF by going to the UNICEF site – www.unicef.org.

05.10.2022

We are pleased to announce that Laina Chan has been named a finalist in Lawyers Weekly’s Women in Law Awards ‘Barrister of the Year’ 2022!

Laina’s recognition reflects her diligent and innovative work within her specialised Property, Construction and Insurance Law areas.

Laina was awarded winner of the same category last year, and it’s wonderful to see her hard work being recognised and celebrated once again.

Congratulations Laina!

29.09.2022

Recently, Laina Chan contributed to the Insurance Industry by authoring chapters in the Law Reviews Insurance and Reinsurance Law Review.

Laina was selected to author the chapter for Australia in the Insurance and Reinsurance Law Review, 10th Edition.  The Review is a wide-ranging overview of the legal and regulatory frameworks governing the insurance and reinsurance in key jurisdictions around the world.  Laina’s chapter focuses on the recent developments in the Law and how it has affected the Australian Insurance Market.

In addition, she has just been commissioned to overhaul the annotated Insurance and Contracts Act title for the LexisNexis Australian Insurance Law Practice.  While this work will take place over the next two years, the updated work for sections 40 and 54 will be released soon.

Congratulations Laina on achieving this much deserved industry recognition.

07.07.2022

Please join Michael McAuley at the Law Society’s Specialist Accreditation Conference on Thursday 4 August 2022.

Michael will be presenting in the Personal Injury Stream on the recent High Court decision, Kozarov v Victoria.  Ms Kozarov, a solicitor with the Victorian Office of Public Prosecutions, in a specialist sexual assault unit, suffered PTSD as a result of her work.  Michael will explore Kozarov in the context of earlier decisions on workplace and psychiatric injuries, in particular, Koehler v Cerebos.

DSM-5 recognises PTSD can be suffered, not only by direct exposure to traumatic events, but by repeated or extreme exposure to aversive details of traumatic events e.g. a lawyer working on sexual assault cases.

More details and registration for the conference can be found here.

01.07.2022

2 Selborne would like to congratulate Cameron Jackson on last night’s performance at the NSWBA Flood Appeal Recital. Cameron specialises in Health Law with a particular focus in appearing for doctors, colleges, and hospitals in disciplinary proceedings and inquests. His other area of expertise is administrative law where he appears in all state and federal courts and tribunals.

When Cameron isn’t in court, he can be heard playing his violin and is concertmaster of the Lawyers’ Orchestra. Last night, we had the privilege of hearing Cameron play alongside pianist Alexey Koltakov at the Sydney Conservatorium.

A statement from the Bar Association on the event can be read here.

28.06.2022

We are pleased to announce that Laina Chan has been nominated as a finalist for Lawyers Weekly’s ‘Barrister of the Year’ 2022!

Laina specialises in Property, Building & Construction Law and Insurance Law.  She is particularly interested in the interplay between the latter two areas.  She has been briefed in a range of complex matters defending professionals in the construction industry where her skills at advocacy and negotiation have resulted in significantly favourable outcomes for her clients.

Laina’s hard work and achievements were recognised last year where she was named Lawyers Weekly’s ‘Barrister of the Year’ at the Women in Law Awards.

Congratulations on having your accomplishments recognised again, Laina!

22.04.2022

Last month, Lawyers’ Weekly interviewed Laina Chan.  They discussed what constitutes success for those at the Bar, particularly in a post-pandemic market.

Laina discusses her own career and success at the Bar, and how she’s adapted to maintain it during the challenging 2 years the pandemic has brought.  Laina also touches on how she gives back to the community and profession by mentoring up-and-coming members of the legal industry and being a part of the New South Wales Bar Pro Bono Scheme.

A copy of Laina’s interview can be found here

17.03.2022

Parisa Hart considered the defence of qualified privilege in her article “Defence of Qualified Privilege” by comparing its applications in Australian and English common law, under s 30 of the Defamation Act 2005 (NSW) and the new of public interest journalism defence added by s 29A of the recent defamation amendments in New South Wales and other states.  It indicates that this defence has developed substantially over time and considers the changes made by s 29A and s 30, as well as the matters raised by the High Court in Lange v ABC.

You can read the article here.  A copy of it will also be published in the Torts Law Journal in the coming months.

17.03.2022

Please join Laina Chan on Wednesday 23 March 2022 at 6:00pm as she hosts the Society of Construction Law Australia’s webinar “From the Court to the ICC”.

Registration for the event can be found here.

02.03.2022

Congratulations to Laina Chan for her win in the New South Wales Court of Appeal on Friday in Aslan v Stepanoski [2022] NSWCA 24 where she acted for the appellant builder.  Laina persuaded the Court to overturn the $2.7m judgment against her client for restitution and damages for consequential loss.  Instead, she convinced the Court that the owners had repudiated that building contract when her client was locked out.  She helped secure a judgment for her client for $50,000 for unpaid fees plus costs of the trial and appeal.  Well done, Laina! Your client is grateful for this lift altering outcome.  Mr Aslan will now be able to have the suspension over his building licence lifted and have his livelihood restored.

20.01.2022

Please join Laina Chan at AILA’s Fault Towers, Commercial Arbitration and The Insurance Contracts Act webinar at 1:00pm on Tuesday, 22 February 2022.

For more information and to register, please click here

20.01.2022

Please join Laina Chan at 5:00pm on Thursday, 27 January 2022 as she presents at Society of Construction Law’s Annual Construction Law webinar.

Laina’s topic 2021: The International Perspective will review some of the important decisions from around the world.

For more information and to register your interest, please click here

09.12.2021

Vera Culkoff of 2 Selborne gave an interview with Lawyers Weekly last week about her new book Freedom from Fear.

Freedom from Fear gives an insight into Vera’s personal and professional journeys and explains how the power of our thoughts can create fears that prevent many from realising their dreams while providing different strategies on how to overcome those negative thoughts.

The interview explores many tips and messages for lawyers of all ages and career stages and offers insights on how to overcome our many illusory fears based on Vera’s life experiences that she openly and candidly shares in the book that she hopes may open some doors for lawyers.

Vera’s interview with Lawyers Weekly can be found here

07.12.2021

Peter Berg of 2 Selborne acted for the accused who faced 27 indictable offences which carried a penalty of up to 10 years imprisonment.  Peter was able to identify the detrimental defects in the Office of the Director of Public Prosecutions case which forced an early dismissal of all charges by the Court.  This outcome shows that no special weight attaches to either the number of alleged offences, or to the seriousness of the penalty.

Well done, Peter!

A copy of the article can be found here

07.12.2021

2 Selborne is delighted to announce that Laina Chan has been named Barrister of the Year at Lawyers Weekly’s Women in Law Awards 2021.

Laina’s recognition comes from being an authority on the interplay between construction and insurance law and ‘go-to’ counsel in property law, conveyancing and lease disputes.  In addition, she is the Chair of the Society of Construction Law and has worked tirelessly to represent the interests of the members in industry and government, to optimise the deliverability of projects measured against time, cost and quality.  She is also generous with her time and mentors young professionals.

Laina is adept at identifying the rights and liabilities of the parties of a dispute and will design the best strategy to achieve favourable client outcomes.  See for example her recent win in the NSW Supreme Court in Goyal v West [2021] NSWSC 526 where she was briefed by the NSW Pro Bono Scheme to appear at an urgent expedited hearing on the statutory construction of 182G of the Retirement Villages Act 1999 (NSW).  The case has created ‘new law’ that will benefit residents and former occupants of retirement villages going forward.

Congratulations Laina on a well-deserved achievement!

06.12.2021

Laina Chan,  a senior junior specialising in property, construction, and insurance law, accepted an urgent brief from the NSW Bar Pro Bono Scheme to act for an elderly couple with dementia who were at risk of losing their ingoing contributions to a retirement village in Goyal v West.  The operator was insolvent and receivers had been appointed to sell the property on which the retirement village had operated.  A court order was needed to effect the sale pursuant to the Retirement Villages Act 1999 (NSW) (the Act).

The court was also required to determine the order in which the proceeds of sale were to be distributed.  Under the Act, unregistered statutory charges secured against the land upon which the retirement village operated, were created at the time that each resident entered into a new village contract which granted them a licence to occupy a unit in the retirement village in return for an ingoing contribution.  The receiver of the first mortgagee contended that the statutory charges created under the Act ranked in chronological order of creation with the registered and unregistered mortgages.  If this construction was accepted then this meant that half of the former occupants would not receive a refund of their ingoing contributions.  Laina put forward a competing construction.  She contended that irrespective of when the statutory charges were created, all of the former occupants ranked ahead of the registered mortgagee and the unregistered second mortgage of the Catholic Church.  she said that this arose from the literal construction of s 182G and was consisted with the purpose of the Act.  One of the other former occupants who stood to lose their ingoing contribution also adopted the submissions of Laina.  The other former occupants were agnostic.

In the first judicial consideration of s 182G of the Act, Ward CJ in Equity of the Supreme Court accepted the submissions of Laina and found that all of the unregistered statutory charges rank ahead of the registered and unregistered mortgages.  This judgment is of universal application and will be very unpopular with all financiers of retirement villages.  While the statutory charges are not registered, the certificate of title will note that the property is being used as a retirement village.

This outcome is consistent with the purpose and intention of the Act which is beneficial legislation enacted, for the protection of the vulnerable residents and former occupants of retirement villages.

06.12.2021

Bankruptcy and Contract Law: Power to extend the life of a bankruptcy petition retrospectively and beyond the statutory maximum of 24 months and consideration for acknowledgements of debt.

In dismissing an appeal from the Federal Circuit Court, the availability to that Court of the slip rule and power to make an order nunc pro tunc curing an error of calculation of the maximum period of permissible extension of a petition was recently confirmed by the Federal Court, while also upholding for the first time the application of s.36(2) Acts Interpretation Act 1901 (Cth) to extend the 24 month maximum life of a petition from expiry on a Saturday (even after the slip rule/nunc pro tunc cure) to the following Monday.

The Federal Court also rejected the bankrupt’s appeal from the refusal of an adjournment of the petition pending an appeal against the judgment debt on the ground it lacked reasonable prospects of success.  That judgment in the District Court discussed at length the defence of want of consideration for an acknowledgement of debt and accepted consideration was provided by way of implied forbearance to sue on a bona fide claim, despite the principal debt otherwise being owed by a third party.

Representation by Simon Burchett and Ishita Sethi of 2 Selborne.

A copy of the judgment can be found here.