Andrew Phillip Coleman SC Banco Chambers 5/65 Martin Place SYDNEY, NSW Australia Ph: +61 2 8239 0227 E: andrew.coleman@banco.net.au Summary Curriculum Vitae DOB 1/11/63 EDUCATION: Marcellin College Randwick 1981 BA (UNSW) 1985 LLB (UNSW) 1986 PROFESSIONAL ADMISSIONS, APPOINTMENTS AND MEMBERSHIPS: Solicitor High Court of Australia, Federal Court of Australia and Supreme Court of New South Wales July 1987; Solicitor High Court of England and Wales 1992; Called to the Bar, New South Wales, February 1996; Appointed Senior Counsel for the State of New South Wales 2010. Senior Member (Part-Time) NSW Civil and Administrative Tribunal, Appeal Panel and Consumer and Commercial Division Member Australian and New Zealand Sports Law Association (ANZSLA) 1
Member NSW Bar Association Health, Sport and Recreation Committee 2011-2012. Approved Arbitrator NSW Bar Association Deputy Chair NSW Bar Association Professional Conduct Committee PCC#3 2015 EMPLOYMENT HISTORY: Clayton Utz, Solicitors, Sydney 1987-1990. Working primarily in litigation and dispute resolution with some corporate experience; Freehill Hollingdale & Page, Solicitors, Sydney 1990-1991 working in Litigation; Linlaters & Paines, Solicitors, London 1991-1993 working in banking and general litigation; Freehill Hollingdale & Page, Solicitors, Sydney 1993-1996 working in Litigation. BRIEF PRACTICE SUMMARY: Since being called to the Bar in 1996, I have practised in a broad range of areas including commercial, equity, insurance and insolvency. I have experience in acting for liquidators, administrators and other insolvency practitioners in corporations matters. I have also acted for corporations and directors in these types of matters. Those matters have ranged from public examinations, statutory demand matters through to more complex litigious matters. 2
I was junior counsel for the applicants in the matter of Wingecarribee Shire Council & ors v Lehman Bros (Aust) Pty Ltd (in liq) & Ors. We were successful before the Full Court of the Federal Court in having the Deed of Company Arrangement in that matter set aside. The principal issue in the case was whether, on a proper construction of s. 444D of the Corporations Act, a deed of company arrangement could bind third parties which may have a claim on a company the subject of the deed. We successfully defended that decision in the High Court of Australia. I was most recently one of the Senior Counsel for the applicants in the Federal Court in Corowa Shire Council & Ors v LGFS Pty Ltd & Ors. This was the first case in which a ratings agency, here Standard & Poors, had been held liable to persons relying on its rating of a financial product. The case involved causes of action in negligence, breach if fiduciary duty, misleading and deceptive conduct and other relief and cross claims under the Corporations Act, the ASIC Act and the apportionment legislation in NSW. The matter was the subject of an appeal to the Full Court of the Federal Court of Australia. The appeal was unanimously dismissed. I was briefed as senior counsel for a respondent to a large representative proceeding in the Federal Court of Australia (Gray v Cash Converters Intl. Ltd. & Ors). The matter ran through several interlocutory steps. It was settled in 2015. I have recently been briefed as senior counsel for the applicant in another representative proceeding in the Federal Court of Australia. 3
That matter involves issues surrounding the rating of a synthetic collateralised debt obligation (SCDO s), similar to the issues raised in the Corowa Shire Council matter. I have appeared in several other matters involving the assessment of the conduct of financial advisers, both investigatory and disciplinary matters and proceedings involving allegations of negligence. I also have substantial experience in matters involving tortious liability and common law. I was junior counsel in representative proceedings in the Federal Court of Australia for the oyster farmer, instructed by his insurer, in Graham Barclay Oysters & Ors v Ryan where we were successful in the High Court of Australia in defeating the claim in negligence against the grower in relation to a hepatitis A outbreak from the consumption of oysters grown in Wallis Lake, on the NSW central coast. I have been briefed on many matters for the Commonwealth of Australia, particularly in the first 10 years of practise at the Bar. I appeared in several matters relating to the collision between HMAS Melbourne and HMAS Voyager, both on the applications for extension of the limitation period and at trial. I have also appeared for the Commonwealth in other claims brought against it by servicemen and servicewomen from all branches of the ADF in relation to injuries allegedly suffered by them whilst serving. I have also frequently been briefed to appear for defendant insurers in personal injury and profession indemnity matters. I have appeared 4
for Law Cover in claims against solicitors in both the Supreme Court of New South Wales and the District Court of New South Wales. I have been briefed by syndicates of top up insurers in professional liability matters, including a recent case in Western Australia and the Court of Appeal of Western Australia involving the affairs of the late Lang Hancock (The Hancock Family Memorial Foundation Ltd v Fieldhouse). I have also appeared for plaintiffs in insurance matters seeking to recover indemnity from the insurer. Most recently, I acted for the plaintiff in seeking to recover indemnity under a directors and officers insurance policy arising from his attendance at an ICAC inquiry: Poole v Chubb Insurance Company of Australia Pty Ltd. I have been involved in several matters requiring the consideration of s6(4) of the Law Reform Miscellaneous Provisions Act 1946 (NSW). I have had experience in various administrative tribunals, including the Administrative Appeals Tribunal. I appeared in several cases in that Tribunal for former directors of HIH Insurance where we successfully challenged their disqualification by the Australian Prudential Regulation Authority. I have appeared for statutory authorities such as Roads and Maritime Services (NSW) (formerly the Roads and Traffic Authority) in Coronial inquests and in large commercial proceedings in the Supreme Court of New South Wales. 5
I have appeared in many coronial inquests, both in NSW and interstate, particularly in respect to aviation matters where I appeared for Air Services Australia and the Civil Aviation Safety Authority. I was junior counsel for ACTEW AGL in the inquiry into the Canberra Bushfires. I have provided advice to a major Australian airline in respect to an investigation by the Australian Transportation Safety Bureau following a serious incident involving one of its aircraft. I have experience in sports law and am a member of the Australian Sports Lawyers Association. I have appeared in state and federal courts, as well as domestic tribunals, in matters relating to rugby league and soccer. I was junior counsel for 14 rugby league clubs in the challenge by South Sydney against the NRL s decision to expel it from the competition in 1999 and in the subsequent appeal. I was appointed by the Rugby League Professionals Association as senior counsel for players from an NRL club to provide advice to them in respect to the ongoing investigation by the Australian Sports Anti-Doping Authority (ASADA) into drugs in rugby league in 2013. I appeared with the players at each ASADA interview and advised them collectively and individually in respect to their rights during the investigation. I liaised with the NRL Club CEO during the investigation. 6
I have appeared for an A-League football club in an arbitration relating to a dispute between it, a player and his manager. I have provided other advice to that club. I have acted for NRL players in respect to contractual disputes. I have appeared at the NRL judiciary. I have recently appeared in the High Court of Fiji, being temporarily admitted in that jurisdiction to argue an injunction application in respect to an estate matter. The substantive trial of that matter will be heard in 2016. I am a Senior Member of the NSW Civil and Administrative Tribunal. I sit on the Appeal Panel hearing internal appeals. I usually preside on those appeals with another Senior Member. I also sit in the Consumer and Commercial Division hearing mattes at first instance. The jurisdiction of that division of NCAT is diverse. It can range from Home Building disputes, up to $500,000 to consumer claims and residential tenancy matters. I can provide a more detailed list of cases in which I have been involved on request. 7