CURRICULUM VITAE ROSS ALAN DALGLEISH

Transcription

1 CURRICULUM VITAE ROSS ALAN DALGLEISH ADDRESS : Sixth Floor Windeyer Chambers 225 Macquarie Street Sydney NSW 2000 Tel : Fax : Mob : rossdal@gmail.com DATE OF BIRTH: 9 May 1955 EDUCATION: UNIVERSITY : (Postgraduate) UNIVERSITY : (Undergraduate) HIGH SCHOOL : Master of Laws - Sept 1982 to Sept 1983 London School of Economics & Political Science University of London Pursuant to Commonwealth Scholarship from Association of Commonwealth Universities/ British Council University of New South Wales B Comm (Ind Rels )/LLB North Sydney Boys' High Commonwealth University Scholarship PROFESSIONAL : 1. Admitted as Solicitor of Supreme Court of New South Wales on 14 July Hunt & Hunt, solicitors, Sydney - July 1978 to July Corporate Affairs Commission of New South Wales July 1980 to August Attorney General's Chambers, Hong Kong - Commercial Crime Unit a. January 1984 to April Crown Counsel. b. April 1985 to January Senior Crown Counsel 5. Baker & McKenzie, solicitors, Sydney - May 1989 to September Royal Commission into the Building Industry in New South Wales (Gyles), Director of Operations - October 1990 to September Building Industry Task Force (NSW), Director September 1991 to 30 June Office of the DPP (NSW) - 1 July to 31 December Barrister common law, equity and industrial - 16 February 1996 to 6 November Deputy Australian Building and Construction Commissioner - 7 Nov 2005 to 6 Nov Barrister from November 2010 to date 1

2 PAPERS and PUBLICATIONS : 1. "Natural Justice and the Duty to Act Fairly" (1977) 2 UNSWLJ 27 (co-author) 2. "The Criminal Responsibility of Directors", Law Lectures for Practitioners 1984 (assisted the AG of Hong Kong) 3. Combatting Contract Fraud in Action, 23 June 1993 (IIR) 4. Crime against Business Construction Industry Perspective, 1 March 1994 (Aust. Instit of Criminology) 5. "The Subcontractors Handbook", The Building Industry Task Force, 1994 (co-author) 6. "Illegalities in the Building Industry" (1994) 36 Australian Construction Law Newsletter 8 7. Probity in Tendering, 18 August Union Power in Context: Industrial Relations in the Building Industry, August Forged Mortgages and Indefeasibility of Title, Cairns Law Conference, 9 July Beyond the Cole Royal Commission: an Overview of the New Legal Framework, 22 June 2006 (LexisNexis) 11. Right of Entry under Workchoices, 11 and 25 October 2006 (LexisNexis) 12. Workplace Relations Law in the Building & Construction Industry, 16 August Adverse Action under the Fair Work Act June DETAILS OF PROFESSIONAL EMPLOYMENT 1 HUNT & HUNT - July 1978 to July 1980 Employed as solicitor primarily in workers' compensation area. Acted for both insurers of employers and injured workers. Managed the firm's country circuit work. 2 CORPORATE AFFAIRS COMMISSION - July 1980 to August 1982 Employed as legal officer primarily in criminal prosecutions in the company law area. 3 HONG KONG January 1984 January 1989 I worked in the Commercial Crime Unit of the Prosecutions Division of the Attorney General's Chambers. My work included advising the police (primarily Commercial Crime Bureau), the Independent Commission Against Corruption and the Customs & Excise Department as to the conduct of investigations and trial preparation. I obtained evidence from New York banks pursuant to Letters of Request for use in criminal proceedings in the Supreme Court of Hong Kong. I was junior counsel in a 4- month High Court trial in respect of a cheque kiting fraud (Dollar Credit) culminating in dishonoured cheques totalling US$49 million. This required the preparation of expert evidence from investigative accountants, analysis of 6,000 exhibits on a computer database and the preparation of summary schedules and diagrams to assist the jury. Other fraud cases I dealt with in the Commercial Crime Unit were in the banking and finance sphere; letter of credit schemes; long firm frauds; and credit card frauds. I have prosecuted cases of forged Krugerrands, HK$ 5 coins and US$ banknotes and forged Indonesian revenue stamps. As an advocate, I conducted prosecutions in the High Court, District Court (no jury) and magistracies. I conducted appeals both in the Court of Appeal and High Court in Hong Kong. I appeared in the Privy Council both as a junior to the DPP on the hearing of an appeal against conviction from a trial I had conducted in the High Court: Lui Meilin v The Queen [1989] 1 AC 288; [1988] UKPC 22 and as sole counsel on a petition for special leave. 2

3 I also advised and appeared for the Customs & Excise Department in anticounterfeiting prosecutions in the Magistrates Courts, and in appeals from these to a single judge of the High Court. These involved copyright and trade mark law and included a test case on copyright in computer object code. Cases I appeared in included : The Queen v Lam Ki Wan [1984] HKCA 152 (utter forged banknotes) Eddy Ko Kin Wah v The Queen [1986] HKCA 25 (conspiracy to defraud Dollar Credit of US $ 49 million) The Queen v Liu Kan-por [1987] HKLR 1143; [1987] HKCA 146 (forgery of dies and valuable securities) The Queen v Ng Kwan Pui [1988] HKCFI 7; [1988] HKC 724 (copyright) The Queen v Liu Kan Por [1988] HKCA 175 (forgery) I was a Working Group Adviser to the Law Reform Commission of Hong Kong in respect of copyright law and a member of the LRC sub-committee in respect of Creating a Substantive Offence of Fraud. 4 BAKER & McKENZIE - May 1989 to October1990 Upon my return to Sydney, I worked as a senior associate in the Litigation section. Work included : instructing senior counsel in the trial of a trade mark case in the Federal Court in Hobart; interlocutory hearings on intellectual property matters, including the obtaining and execution of an Anton Piller order and subsequent contempt proceedings; hearings in the Commercial and Common Law Divisions of the Supreme Court involving contractual disputes; an investigative hearing into alleged insider trading before a delegate of the National Companies and Securities Commission; and 2 hearings in the ICAC (North Coast and Walsh Bay). 5 ROYAL COMMISSION INTO THE BUILDING INDUSTRY IN NSW - October September 1991 Responsible as Director of Operations to Royal Commissioners Roger Gyles QC and Kevin Holland QC in deciding which matters to investigate and how, for the purpose of evidence being presented at hearings. Co-ordinated and directed investigative teams led by senior solicitors and including industry experts, accountants, general analysts and investigators (mostly serving police). 6 BUILDING INDUSTRY TASK FORCE September 1991 June1995 The BITF was a law enforcement body set up by the NSW Government pursuant to a recommendation of Royal Commissioner Gyles QC. It investigated and prosecuted alleged illegalities in the building industry and advised on and pursued civil remedies. As director, I had managerial and operational control of an organisation consisting of employees with an annual budget of $4.5 to 5 million, reporting on a quarterly basis direct to the Attorney General. The BITF had a number of references to the NSW Crime Commission and so had access to its compulsory examination powers. 7 DPP From 1 July 1995 to 31 December 1995, I was in charge of completing so far as possible those BITF investigations and prosecutions which were on foot as at 30 June In this I was operationally responsible to the DPP of NSW. 3

4 8 NSW BAR February 1996 to November 2005 I did mostly civil work. I appeared in the NSW Court of Appeal, both the Equity and Common Law Divisions of the Supreme Court, the District Court, the Industrial Relations Commission of NSW and the Dust Diseases Tribunal of NSW. I have appeared as junior counsel in Special Leave applications in the High Court of Australia and in a lengthy building arbitration. In addition to work for private solicitors, I have been briefed by ASIC, APRA, the Office of the Employment Advocate and the NSW Crown Solicitor s Office. With respect to the criminal law, I successfully defended a client charged with stock market manipulation, with costs being awarded against the Cth DPP. I have also defended a client charged with perjury. I have appeared in 2 cases before the NSW Industrial Relations Commission in which clients have been summonsed for offences under the Occupational Health and Safety Act. I have appeared in unfair contracts cases in the NSW Industrial Relations Commission for two bank executives against a bank and for a tax lawyer against her employer. I have also appeared in unfair dismissal cases in that jurisdiction. Cases in which I have appeared include: Oldfields Pty Ltd v Alfar (1996) 70 ALJR 560 (limitation of actions) Bell v Macquarie Bank Ltd (1999) 87 IR 126; (unfair contracts; jurisdiction Full Bench) Sawle v Macadamia Processing Co Pty Ltd (1999) 18 NSWCCR 109 (workers compensation) Macquarie Bank Ltd v Bell [1999] NSWSC 957 (cross-vesting) Bell v Macquarie Bank Ltd (No 4) (1999) 93 IR 191; [1999] NSWIRComm 584 (unfair contracts; jurisdiction Full Bench) Rolls-Royce Industrial Power (Pacific) Ltd v James Hardie & Coy Pty Ltd (1999) 18 NSWCCR 385, 396 and 653 (dust diseases) Bell v Macquarie Bank Ltd [2000] FCA 1521 (costs on discontinuance) Rolls-Royce Industrial Power (Pacific) Ltd v James Hardie & Coy Pty Ltd (No 5) (2000) 19 NSWCCR 735; [2000] NSWDDT 7 (Dust Diseases Tribunal) State of Victoria v Levine [2001] NSWSC 592 (territorial jurisdiction application to transfer to Vic from NSW) Rolls-Royce Industrial Power (Pacific) Ltd v James Hardie & Coy Pty Ltd (2001) 53 NSWLR 626 (CA) ASIC v Karl Suleman Enterprises Pty Ltd [2001] NSWSC 1079 (corporations law Mareva injunction) Macquarie Bank v Berg [2002] NSWSC 254 and 1110 (defamation) Amaca Pty Ltd v Rolls Royce Industrial Power (Pacific) Ltd [2002] HCA Trans 484 WorkCover of NSW v P & M Denton Building Constructions Pty Ltd [2003] NSWIRComm 171 Westfield v Registrar-General of NSW [2002] NSWLEC 248 and then [2003] NSWCA 343 (Land & Environment) Bell and Berg v Macquarie Bank [2003] NSWIRComm 363 (unfair contract) WorkCover of NSW v MacDonald [2004] NSWIRComm 394 (OH &S prosecution) Wade v Liverpool City Council [2005] NSWCA 132 (negligence - apportionment) State of NSW v Fisher [2005] NSWSC 1315 (professional negligence) 9 OFFICE OF THE AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER 6 November 2005 to 6 November 2010 I was appointed as a Deputy Australian Building and Construction Commissioner under the Building and Construction Industry Improvement Act 2005 (Cth) (BCII Act). I was in charge of the Legal section of the Office of the ABC Commissioner (ABCC). 4

5 The Legal section of the ABCC consisted of about 20 lawyers and 5 other staff. The work included advising ABC Inspectors whether there was sufficient evidence to warrant civil penalty proceedings, either in the Federal Magistrates Court or the Federal Court. In addition, I advised the ABC Commissioner in respect of proposed applications for interlocutory injunctions, usually to restrain alleged unlawful industrial action and coercion under the BCII Act. If the evidence warranted it, a brief was forwarded direct to counsel in order to obtain external advice as to whether there were reasonable prospects of success for proposed penalty proceedings under the BCII Act, the Workplace Relations Act 1996 or the Fair Work Act. Such external legal advice was required under the AG s Legal Services Directions. If the advice was in favour of instituting proceedings, that advice was referred to the ABCC Prosecutions Committee, on which I sat, which considered whether a civil penalty prosecution should be instituted, in light of both counsel's advice and public interest considerations. If civil penalty proceedings were to be instituted, I reviewed draft pleadings and, if the proceedings were to be filed in the Federal Court, instruct an external firm of solicitors. The ABCC had been issued by the Attorney General with an exemption under the Legal Services Directions which enabled me to be the solicitor on the record in respect of: a. civil penalty proceedings in the Federal Magistrates Court; b. interventions in court proceedings initiated by others; and c. uncontested matters in the Federal Court. I reported to the Attorney General (OLSC) on a quarterly basis in respect of all proceedings in which I was the solicitor on the record. Although I attended court in some of the more important cases, this was for the purpose of giving instructions rather than in the role of an advocate. Under s.52 of the BCII Act, I had the power to issue notices to witnesses requiring them to attend and answer questions before me. Counsel assisting were generally engaged for the purpose of these compulsory examinations. Witnesses were legally represented in about 50% of examinations. It was necessary for me to rule on procedural questions in the course of examinations. If the investigation resulted in the institution of civil penalty proceedings, the ABCC applied to use the transcript of the examination as evidence in chief of the relevant witness. I conducted about 85 examinations in respect of 30 investigations. In the 5 years from October 2005, the ABCC conducted over 100 civil penalty proceedings. The cases instituted by the ABCC had a success rate of over 83%. It also intervened in 18 court proceedings and 114 proceedings before either the AIRC or Fair Work Australia. My 5-year appointment expired on 6 November NSW BAR 19 November 2010 to date I resumed practice at NSW Bar. I have appeared in the Federal Court in Perth for the ABCC in a claim for compensation for unlawful industrial action under BCII Act; in the Local Court under the Building and Construction Industry Security of Payment Act 1999 (NSW); in Federal Magistrates Court in bankruptcy. I appeared as junior counsel in an appeal to the Federal Court by the Fair Work Ombudsman. Australian Building and Construction Commissioner v CFMEU [2011] FCA 810 (compensation for unlawful industrial action) Fair Work Ombudsman v National Jet Systems Pty Ltd [2012] FCA 243 (duress in making workplace agreements under the Workplace Relations Act) 5