DOMINIQUE HOGAN-DORAN SC

Transcription

1 DOMINIQUE HOGAN-DORAN SC is an experienced advocate with a national commercial litigation & dispute resolution practice. She regularly appears in the Federal Court and State Supreme Courts throughout Australia. Dominique also has extensive experience as an advocate in Royal Commissions and the Independent Commission Against Corruption. ADMISSIONS & ACCREDITATIONS Appointed Senior Counsel 2015 Accredited Mediator/Arbitrator 2014 Admitted as a barrister in NSW 1995 Admitted to the legal profession 1994 Entitled to practice in: - All Australian jurisdictions - Singapore International Commercial Court PRINCIPAL AREAS OF PRACTICE AWARDS & RECOGNITION PREVIOUS PROFESSIONAL EXPERIENCE EDUCATION APPOINTMENTS Commercial Corporations & Securities Equity & Trusts Financial Markets & Services Insolvency Property Doyles Guide 2016 Recommended Leading Commercial Litigation & Dispute Resolution Senior Counsel NSW Lawyers Weekly Australian Law Awards Barrister of the Year 2016 Sir Robert Menzies Memorial Scholarship in Law to Oxford University Fulbright Postgraduate Scholarship University of Sydney Convocation Medal Mallesons Stephen Jacques Research Director to Chief Justice of New South Wales, the Hon. A.M. Gleeson AC Bachelor of Civil Law (Hons I), Oxford University Master of Laws, Bachelor of Laws (Hons I), Bachelor of Economics (Social Sciences), University of Sydney Fellow, Chartered Institute of Arbitrators NSW Bar Approved Arbitrator NSW Supreme Court Mediator Panel NSW District Court Mediator Panel Law Council of Australia Futures Committee Responsible Business Conduct & Anti-Corruption Group, Trade & Investment Taskforce, B20 Germany 2017 St James Hall Chambers, Levels 6 & 7, 169 Phillip Street, Sydney, Australia, 2000 Liability limited pursuant to a scheme approved under professional standards legislation

2 Recent and Select Cases Corporations Act, financial markets/services, insolvency, regulatory matters Acting for director of ASX listed entity (confidential) in ASIC investigation for suspected insider trading in the listed entity s shares and continuous disclosure breaches (2016) Acting for applicants in Administrative Appeals Tribunal proceedings for review of Australian Financial Services Licence cancellation & director banning orders (2016) Acting for investor representative (Peter Warne, Chair, Macquarie Group) in long-running winding up of unregistered property development scheme in Victoria/Western Australia: ASIC v GDK Financial Solutions Pty Ltd (in liq) (2016) FCA (Middleton J, judgment reserved); ASIC v GDK (No 14) [2013] FCA 459 (Gordon J); ASIC v GDK (No 11) [2012] FCA 1034 and (No 12) [2012] FCA 1035 (Dodds-Streeton J); ZMB Australia Pty Ltd v Warne [2011] FCA 311 (Ryan J) (successful defence of priority claim between scheme promotors and investors); ZMB Australia Pty Ltd v Warne [2011] FCAFC 65 (successful negotiation and approval of compromise of appeal); ASIC v GDK (No 8) [2011] FCA 997 (Dodds-Streeton J) (successful ex parte approval of compromise of priority dispute); ASIC v GDK [2010] FCA 710 (Gray J); ASIC v GDK (No 6) [2010] FCA 1092 (Finkelstein J); AVS Property Pty Ltd v McMaster [2010] FCAFC 81; (2010) 79 ACSR 89 (respondent to appeal by mortgagee); AVS Property Pty Limited v Western Retirement Village Management Ltd (In Liq) [2009] FCA 512 (Ryan J); ASIC v GDK Financial Solutions Pty Ltd (in liq) (No 4) [2008] FCA 858 and No 3 [2008] FCA 448 (2008) 169 FCR 497 (2008) 248 ALR 766 (Finkelstein J) Acted for dual South African/Australian national in successful variation of ex parte freezing orders and asset preservation orders in claim by liquidators of insolvent company: Humantech Pty Ltd (In Liq) V Thomas International Management Systems (Sa) & Schutte [2016] NSWSC (Hammerschlag J) Acted for Cargo Services Far East Ltd (incorporated in Hong Kong) & CS Logistic Solutions Pty Ltd (Qld) in defence of claims by liquidators for recovery of alleged unfair preferences; matter raised good faith defence and scope of contractual liens, including application of foreign law of Hong Kong and China; matter resolved after interlocutory hearings on joinder and separate question directions: In Re Retail Adventures Pty Ltd (in liq) ( ) NSWSC (Robb J) Acted for ASX listed company resisting extension of injunction obtained ex parte by executive directors seeking to restrain termination of employment and proposed market statements (raising continuous disclosure issues); matter resolved: Cohen v Invigor Group Ltd [2015] NSWSC (Black J) Acted for National Australia Bank financial planner in Victorian Supreme Court proceedings in defence of $9m claim by high net worth investors concerning complex financial product advice; matter resolved on eve of 2 week hearing: Hanley v National Australia Bank (2015) VSC Acted for former Chairman, Australian Water Holdings Pty Ltd, the Hon. Arthur Sinodinos AO, in defence of claim for breach of duty by minority shareholders, successfully negotiated discontinuance after strike out/security for costs hearing: TSDack Pty Ltd & 4 Ors v Australian Water Holdings Pty Ltd & 10 Ors [2015] FCA 931 (Katzmann J) Acted for Macquarie Equities Limited options trader in ASIC investigation and banning hearing concerning unlicensed discretionary trading and falsification of records (2015) Acted for financial planner in defence of claim concerning investment advice in agribusiness schemes: Tugrul v Tarrants Financial Consultants Pty Ltd [No 4] [2014] NSWSC 291; [No 2] [2013] NSWSC 1971; [No 1] [2013] NSWSC 1561 (Kunc J) Acted for responsible entity of managed investment scheme and its CEO defending damages claim for breach of duty; case involved successor R.E. issues, director duties and insurance claims; case

3 settled on eve of 3 week trial in Federal Court s Queensland Registry: Leda Holdings Pty Ltd v Securcorp Ltd as Responsible Entity of Securcorp Mortgage Income Scheme & 2 Ors (Federal Court (Qld) (March 2015) (Logan J) earlier Leda Holdings Pty Ltd v Securcorp Ltd [2013] FCA 1364 (Yates J) Acted for investors in claims against financial advisor concerning advice to invest in highly geared, complex structured financial products; matter successfully resolved at mediation: Espire Creations Pty Limited & 3 Ors v Omniwealth Services Pty Limited and 2 Ors (2014) NSWSC Acted for Prime Media Group Ltd in relation to continuous disclosure issues (2013) Acted for founder and chairman of managed investment scheme MFS Group (subsequently known as Octaviar) in defence of $423m class action by unitholders alleging breach of directors duty of responsible entity; successful compromise of claim received Court approval: see Mercedes Holdings Pty Ltd & Ors v Waters (No 6) [2012] FCA 1412 (NSW) (Jacobson J) Acted for derivatives clients of collapsed financial services firm: In re MF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426; (2012) 267 FLR 27 and In re MF Global Australia Ltd (in liq) [2012] NSWSC liquidation of Australian Financial Services licensee, case concerned proper construction of Pt 7.8 Div 2 Subdiv A (ss 981A-981H) of the Corporations Act and regs of the Corporations Regulations 2001 (Cth) (client money provisions), as well as recovery/priority dispute with contracts for difference counter parties MF Global Singapore Pte (in liq) and Deutsche Bank AG Acted for responsible entity of registered investment scheme in relation to alleged non-compliance with scheme constitution: ASIC Investigation into Valuestream Investment Management Ltd, responsible entity of Addwealth Achiever Fund ( ) Acted for confidential examinee in Australian Taxation Office Project Wickenby hearings into suspected tax evasion & other alleged criminal offences (2012/2013) Acted for confidential examinee in ASIC Investigation into suspected insider trading & other alleged criminal offences in relation to backdoor listing (2012) Acted for home unit company in challenge to redevelopment levy and variation of class rights: In the matter of Nevada Pty Ltd [2011] NSWSC 1499 (Ball J) Acted for financial planner in ASIC banning hearing and appeal to AAT concerning advice to invest in absolute return fund Trio Capital: Tarrant and ASIC [2011] AATA 945; (2011) 56 AAR 257; (2011) 128 ALD 376 Acted for Rodney Adler in ASIC investigation into allegations of managing a corporation whilst disqualified and breach of parole conditions (led by J. Sheahan SC), successfully negotiated issue of no further action letter (2010) Acted for ASIC (intervening) in One.Tel recovery action: Kerr v CGU Insurance Ltd; Donnelly v CGU Insurance Ltd ( ) (Hammerschlag J) Acted for ASIC in investigation into & subsequent proceedings against Australian Lending Centre Pty Ltd for suspected breaches of consumer credit laws ( ) Acted for Granada Productions & ITV Plc in re RSPCA investigation and prosecution in relation to alleged animal cruelty in television production of "I'm a Celebrity - Get Me Out of Here" (2009) Acted for ASIC re legality of issue of Westpac Debit Mastercard (led by Walton SC): Westpac Banking Corporation v ASIC [2009] FCA 1506; (2009) 181 FCR 379 (Rares J) Acted for ASIC in James Hardie civil penalty proceedings (led by A.S. Bannon SC & R. Beech-

4 Jones SC): ASIC v Macdonald (No 12) [2009] NSWSC 714; 73 ACSR 638 and ASIC v Macdonald (No 11) [2009] NSWSC 287 (2009) 256 ALR 199; (2009) 230 FLR 1; (2009) 71 ACSR 368; 27 ACLC 522; James Hardie Industries NV v ASIC [2009] NSWCA 18 and numerous other reported decisions on evidence & procedure during 6 month trial Acted for ASIC in Multiplex class action (in re public interest immunity claims by ASIC led by G. Flick SC): P Dawson Nominees Pty Ltd v ASIC & Ors [2008] HCATrans 409 on appeal from ASIC v P Dawson Nominees Pty Ltd [2008] FCAFC 123; (2008) 169 FCR 227; (2008) 247 ALR 646; (2008) 66 ACSR 704 and from P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1659; (2007) 65 ACSR 239 Acted for ASIC in Offset Alpine & Estate of late Renee Rivkin investigation ( ) Acted for lead investor (Peter Warne) in winding up of unregistered managed investment scheme: Peridon Village Nominees, application of Billingham [2006] NSWSC 464 (Austin J) and Warne v GDK Financial Solutions Pty Ltd; Billingham v Parbery [2006] NSWSC 259; (2006) 57 ACSR 525 Substantial Contract and Trust Disputes Acting in Supreme Court of Queensland proceedings for judicial advice and directions by trustee of testamentary trust concerning proper classification as income or capital of special dividends received from company following sale of business line: In re Simpson Trust (2016) QSC (partheard) Advising the trustee of the Energy Industries Superannuation Scheme with respect to the negotiation and enforcement of obligations under a payment deed with the State of New South Wales in the context of the Poles and Wires privatization of the state electricity network assets ( ) Acted for The Star Casino against patron, involving issues under the Casino Control Act; matter resolved: Star Pty Limited v Le Hi (2016) NSWDC Acted for bank claiming under guarantee of commercial bill facility, case involved issue concerning jurisdiction of Financial Ombudsman Service and alleged concessions made by bank officer: Westpac Banking Corporation v Nitopi (2015) NSWSC (Harrison AssJ) Acted for shareholders in manufacturing business in oppression suit; successfully obtained and continued freezing orders & injunctions restraining conduct of directors; Australian Mortgage & Finance Company Pty Ltd & Ors v Rome Euro Windows Pty Ltd & Ors (2014) NSWSC 29; [2014] NSWSC 1173; [2014] NSWSC 996 (Black J); 29 & 31 Jan 2014 (Sackar J), 3 Feb 2014 (Ball J) Acted for developers, successfully resisted application for injunction of development by former solicitor: Bechara & Akcan v Lane Cove Trading Company Pty Ltd & 2 Ors (Jan 2014) NSWSC (Lindsay J) Acted for Prime Media Group Ltd in relation to program supply agreement with Seven Network (2013) Acted for unitholder in A.C.T. proceedings concerning proper construction of unit trust deed; part heard when resolved at mediation: SR Tech Pty Ltd v Kousba Holdings Pty Ltd & 2 Ors (2013) FCA (ACT) (Foster J) Acted for the Super Radio Network in defence of claims for damages/account of profits by copyrights holders against 25 companies & their officers in the Broadcast Operations group: Adobe Systems Inc & Microsoft Corp v Western Broadcasters Pty Ltd & 5 Ors (2013) FCA (NSW) (Foster J) and Adobe Systems Inc & Microsoft Corp v 2GF AM Radio Pty Ltd & 24 Ors (2013) FCA (NSW) (unrep.) (Jagot J)

5 Acted for managers of Victoria Docklands residential and commercial complex in VCAT and Supreme Court of Victoria proceedings; matter successfully resolved post interlocutory hearings: SSKB, Victoria Point Docklands Real Estate Pty Ltd & Ors v OC1 & OC4 (Plan of Subdivision PS K) (2011) Acted for body corporate of community title scheme in dispute concerning management rights: Henderson & Anor & Body Corporate of Merrimac Heights CTS [2011] QSC 336 (McMurdo J) Acted for landlord in successful defence of claim by tenant for unconscionable conduct: Vale v Rosychamp Pty Ltd [2008] NSWSC 1373 (White J) and previously Administrative Decisions Tribunal proceedings and Supreme Court injunctions: Vale v Rosychamp Pty Ltd [2006] NSWSC 1341 Royal Commissions and Special Commissions of Inquiry Special Commission of Inquiry into the NSW Greyhound Racing Industry ( ) appeared for the former Chief Executive Officer of Greyhound Racing New South Wales Royal Commission into Trade Union Governance and Corruption (AWU/John Holland/Thiess Case Study) (2015) appeared for John Holland Senior Executive Manager Stephen Sasse in relation to his negotiations with the Hon. Bill Shorten MP, former AWU Secretary, in relation to the East West link construction project in Victoria James Hardie Special Commission of Inquiry (2004) Counsel Assisting the inquiry, concerning the adequacy of funding of long tail asbestos liabilities by the Medical Research and Compensation Foundation established by the James Hardie Group; subsequently acted for ASIC in civil penalty proceedings against James Hardie and its directors & management concerning misleading market statements, breach of directors duty, and continuous disclosure breaches ( ) HIH Royal Commission ( ) appeared for international reinsurer Hannover Re & its associated Irish companies and their senior executives. In addition, appeared in the Federal Court and High Court of Australia challenges to the use of evidence obtained during the HIH Royal Commission: X & Ors v Australian Prudential Regulation Authority [2007] HCA 4; (2007) 226 CLR 630 (Full Court) on appeal from Applicant Y v APRA [2006] FCAFC 37 & Applicant X v APRA [2005] FCA 1288; (2006) 14 ANZ Ins Cases 61 Independent Commission Against Corruption Operation Spicer ( ) acted for the Hon. Senator Arthur Sinodinos AO, and advised concerning the NSW Electoral Commission inquiry into political donations (2016) Operation Tunic (2015) acted for NSW statutory authority the Mine Subsidence Board, at an inquiry involving alleged corrupt conduct by its acting CEO/District Manager Operation Credo (2014) acted for the Hon. Senator Arthur Sinodinos AO in inquiry involving alleged corrupt conduct in relation to water supply contracts and proposed Public Private Partnership between Australian Water Holdings & Sydney Water Corporation Operation Vesta ( ) acted for director of Parkview Constructions, Mr Rodric David. Dominique also advised in relation to proceedings in the United Arab Emirates, Cayman Islands, and more recently in the Federal Court of Australia ( ) Operation Ambrosia (2005) acted for witness in fraudulent occupational licensing scheme investigation (led by Paul Brereton SC)