Anais d'arville Banco Chambers Level 9, 2 Chifley Square Sydney, NSW, 2000 Tel: 02 9376 0643 Fax: 02 8239 0299 E: anais.d arville@banco.net.au AREAS OF PRACTICE General Commercial, Equity, Trade Practices and Competition, Banking, Insolvency, Corporations, Sports Law, Construction and Infrastructure. PROFESSIONAL EXPERIENCE 2012 present NSW Bar 2008 2012 Associate/Senior Associate, Freshfields Bruckhaus Deringer LLP, London 2005 2008 Solicitor, Litigation, Mallesons Stephen Jaques, Sydney 2004 Tipstaff to the Hon Ipp JA AO, Court of Appeal, Supreme Court of New South Wales 2002 2003 Research assistant to Professor Robin Creyke, ANU 2001 2004 Law clerk, Tetlow Jansen & Doyle solicitors, Canberra EDUCATION 1999 2003 Bachelor of Laws (First Class Honours) and Bachelor of Economics, Australian National University ANU Honours Scholarship, 2003, Butterworths Prize for Restitution, 2003, BC Meagher Prize for Commonwealth Constitutional Law, 2001, David J Teece-Austlea Scholarship in Law and Economics, 2001 2002 University of California Berkeley, USA, EAP exchange program MEMBERSHIPS AND OTHER ACTIVITIES 2017 present Substitute Member of FIVB Tribunal 2016 present Member of Australian and New Zealand Sports Law Association 2012 present Downing Centre Duty Barrister Scheme 2012 2014 Offshore Asylum Support Project (PILCH) 2008 2012 Asylum Support Appeals Project (UK), volunteer duty solicitor, Duty solicitor, Citizens Advice Bureau, Royal Courts of Justice 2005 2008 Downing Centre Duty Solicitor Scheme 1
REPRESENTATIVE CASES - LITIGATION Anais has experience in all NSW Courts, the Federal Court and Federal Circuit Court, the Victorian and West Australian Supreme Courts, NCAT and other specialist tribunals, including the Australian Competition Tribunal. The following are some of proceedings in which Anais has appeared. Byers v Frith (No 2) [2017] NSWDC 165; Byers v Frith [2016] NSWDC 209 Application by Tabcorp Holdings Limited [2017] ACompT 1 In the matter of Golden Sands Hospitality Pty Ltd (in liq) [2017] NSWSC 410; (No. 2) [2017] NSWSC 450 Gregg v Fairfax Media Publications Pty Ltd [2017] FCA 440 Kennett v Financial Ombudsman Service Ltd [2017] NSWCATAP 59 Two Italian Boys Holdings Pty Ltd v The Winery Pty Ltd [2016] NSWSC 1163; [2017] NSWSC 67 In the matter of Loch-Co No 6 Pty Ltd (Black J, 17 October 2016, unreported) Application by Sea Swift Pty Limited [2016] ACompT 9 Keith v M & M Building Pty Ltd [2016] NSWCATCD 43; M & M Building Pty Ltd v Keith [2017] NSWCATAP 88 Barodawala v Giasoumi [2015] FCA 608 Chamberlain Early Learning Centre Pty Ltd v Chamberlain Group Pty Ltd and Ors [2016] NSWSC 322 Final Hearing: Aircraft accident fitness for purpose and Australian Consumer Law Warranties Final Hearing: Merger authorisation application Led by C Moore SC, N De Young and R Yezerski Final Hearing: Replacement of liquidator and approval of Deed of Indemnity Interlocutory: Stay of civil proceedings in context of criminal proceedings Led by A Leopold SC Appeal Panel Hearing: Jurisdiction of NCAT in respect of Financial Ombudsman Service Interlocutory: Security for Costs Final Hearing: Application to replace a liquidator Final Hearing: Merger authorisation application Led by N Young QC and R Orr QC Final Hearing and Appeal Panel Hearing: Home Building work - breach and termination of Contract Application for leave to appeal Costs: whether costs payable by successful defendant 2
HP Mercantile Pty Ltd v Hartnett & Ors [2015] NSWSC 1475; [2016] NSWCA 342 Polo Enterprises Australia Pty Ltd v Pinctada Hotels and Resorts Pty Ltd [2015] NSWSC 756; [2016] NSWSC 717 Sheahan and Lock (Liquidators); In the Matter of Binqld Finances Pty Ltd (In Liq) [2015] FCA 718 Re Ikon Group Ltd (2015) 107 ACSR 146; [2015] NSWSC 980; Re Ikon Group Ltd (No 2) [2015] NSWSC 981; Re Ikon Group Ltd (No 3) [2015] NSWSC 982 HP Mercantile Pty Ltd v Clements [2014] NSWSC 509; [2015] NSWCA 212 Yulema Pty Ltd & Anor v Simmons & Anor [2015] NSWSC 640 Anderson v Armitage [2015] NSWCATAP 72 William John Groves v Matt O Connor & Associates Pty Ltd [2015] NSWSC 664 and [2015] NSWSC 817 In the matter of Waterfront Investments Group Pty Ltd (in liquidation) (2015) 105 ACSR 280; [2015] NSWSC 18 RCR Resolve FM v Serco Australia [2014] NSWSC 1477 Great Southern Ltd (in Liq) (Receivers and Managers appointed) v Young [2014] WASC 481 In the matter of David Ireland Productions Pty Ltd [2014] NSWSC 1411 Macquarie Bank Limited v Ponnampalam [2014] FCCA 1685 Seven Network (Operations) Ltd v Brown [2013] NSWSC 372 Separate Question and Appeal: Contract Claim under Loan Agreement Led by CRC Newlinds SC Final Hearing: Contract, Issue Estoppel, Costs Interlocutory: Production Orders and Privilege Interlocutory injunction: Breach of directors duties and claim for injunction to prevent directors from contravening Corporations Act Final Hearing and Appeal: Contract Claim under Loan Agreement Led by CRC Newlinds SC Final Hearing: Contract, Implied Terms Led by D R Sulan Appeal Panel Hearing: tenancy and effect of Bankruptcy Act Final Hearing: Contract, Settlement Deed; Indemnity Costs Final Hearing: Contract, Directors Duties, Uncommercial Transactions Led by D R Sulan Interlocutory: transfer and consolidation of separate proceedings Interlocutory: application to set aside extension of time for service of writs Led by R G McHugh SC Final Hearing: Winding Up Final Hearing: Creditor s Petition Final Hearing: Employment Contract Termination Led by T D Blackburn SC 3
SZTIK v Minister for Immigration and Border Protection & Anor [2014] FCCA 1483 HP Mercantile Pty Ltd v Anthony William Andrew [2013] NSWSC 1535 Athena Investments Holdings LLC v AJ Lucas Group Ltd [2013] NSWSC 1837 David John Frank Lombe in his capacity as trustee of the bankrupt estate of Mohammad Tabibar Rahman (Kunc J, 24 May 2013, unreported) J & A Vaughan Super Pty Ltd (Trustee) v Becton Property Group Ltd [2014] FCA 581 J & A Vaughan Super Pty Ltd v Becton Property Group Ltd [2013] FCA 340 Re ACN 067 436 024 Pty Ltd (in liq) [2013] NSWSC 1308 Sinclair Knight Merz Pty Ltd, in the matter of Sinclair Knight Merz Pty Ltd [2012] FCA 1391 and (No 2) [2013] FCA 32 Final Hearing: Migration Interlocutory: Security for Costs Application for Preliminary Discovery Led by J Stoljar SC Application to issue fresh caveats following lapsing notice Interlocutory: Strike-Out Led by AJL Bannon SC Application for Preliminary Discovery Application to release liquidator from confidentiality orders. Approval of Scheme of Arrangement Led by F Gleeson SC ARBITRATION AND EXPERT DETERMINATION Anais has experience in arbitrations and expert determinations relating to in infrastructure and resources. This includes disputes about a copper mine in South Australia (arbitration R Holt QC), a light rail PPP (arbitration R Chesterman AO QC) and a Sydney roadway (expert determination John Tyrrill). 4
SPORTS TRIBUNALS Anais is a Substitute member of the FIVB Tribunal, a judicial body of the Fédération Internationale de Volleyball which hears and determines financial disputes of an international dimension between players, coaches and clubs. Anais also has advocacy experience in the following sporting tribunals. Independent Disciplinary and Ethics Committee of the Football Federation of Australia (A-League) NRL Anti-Doping Tribunal Football NSW General Purpose Tribunal Disciplinary Counsel in the following matters: Roy O Donovan (Central Coast Mariners) Harry Novillo (Melbourne City) Dino Djulbic (Perth Glory) Advised and appeared for five National Rugby League Players in relation to the use of peptides. Led by A P Coleman SC Advised and appeared for a football coach in respect of a side-line altercation. PUBLICATIONS Banker and Customer title in Halsbury s Laws of Australia (update). Corporations Case Law Analyser, Lexis Nexis, 2013 2016. Court of Appeal rules on Kaupthing administration, International Law Office Newsletter, 18 June 2010 Newcastle Building Society v Mills and Others: Clarity at last for creditors contracting out of legal setoff, August/September 2009 (Volume 22), Insolvency Intelligence Consequences of Excluding Consequential Loss: Australian Development (2008) 82 ALJ 697 5