AMY DOUGLAS-BAKER BARRISTER SIX ST JAMES HALL CHAMBERS Level 6 St James Hall 169 Phillip Street Sydney NSW 2000 DX 328 Sydney T +61 2 9236 8650 M +61 2 423 278 917 E a.douglasbaker@stjames.net.au W http://www.sixstjameshall.com.au/amydouglasbaker LinkedIn https://www.linkedin.com/in/adouglasbaker ADMISSIONS 2009 Barrister, New South Wales High Court of Australia 2007 Supreme Court of New South Wales PRACTICE AREAS I practise in commercial, equity and administrative law, with particular expertise in strata, property, statutory product liability, sale of goods, trade practices and consumer law, professional negligence and disciplinary proceedings, and commissions of inquiry. I appear for and advise government entities, multinational corporations, owners corporations and private individuals. I have appeared in all state and federal courts in NSW and regularly appear unled inter-state in statutory product liability matters, in particular for defendant manufacturers. TERTIARY EDUCATION 2009 Master of Laws (Coursework), University of Sydney Honours Equivalent Specialising in administrative law, intellectual property, trade practices and competition law, professional negligence and disciplinary proceedings 2006 Bachelor of Laws (Hons), University of Sydney 2004 Bachelor of Arts (Hons), University of Sydney Thesis: Censorship and Scandal: The Trials of Oscar Wilde and Lady Chatterley s Lover PROFESSIONAL PRACTICE May 2009 Barrister Six St James Hall Chambers Read in Nigel Bowen Chambers (May 2009 to December 2009) Liability limited by a scheme approved under Professional Standards Legislation
June 2007 April 2009 March 2007 May 2007 Apr 2006 Mar 2007 Aug 2005 Mar 2006 Associate/Deputy Associate Judge Nicholls Federal Circuit Court of Australia Precedents Officer/Paralegal Crown Solicitor s Office, New South Wales Legal Researcher/Tipstaff The Hon. Justice P M Hall QC Supreme Court of New South Wales Research/Administrative Assistant Michael Christie SC, Barrister Sixth Floor Selborne/Wentworth Chambers 2003 2005 Research Assistant Sophie Goddard SC, Barrister Nigel Bowen Chambers PUBLICATIONS Forthcoming Laws of Australia, Civil Procedure Subtitle Summary Dismissal, Settlement & Discontinuance (Thomson Reuters) 2013 Current Intellectual Property Precedents (LexisNexis) Author, Brand Management 2009 Current Administrative Law Decisions (LexisNexis) Head-noting and Reporting 2009 The Contract Issue: Valid Repudiation and the Consequences of Termination (2009) Precedent (95) 25-27 2008 The Constitutional Validity of the Interim Control Order Regime: Thomas v Mowbray [2007] HCA 33 (2008) Precedent (84) 43-45 AWARDS 2015 Finalist for the Women Lawyers Association of NSW Woman Barrister of the Year Award 2015 for excellence in professional practice and advancing opportunities for women in the law 2004 The University of Sydney Administrative Law Moot, Joint Champion Mooter (awarded by President of the Court of Appeal, Justice Margaret Beazley and Associate Professor Mary Crock) 2
PROFESSIONAL MEMBERSHIPS & COMMITTEES Member of Six St James Hall Chambers Formerly a Director and Treasurer of Sixth Floor, St James Hall Pty Ltd Member, New South Wales Bar Association Current member of a Professional Conduct Committee and the Equal Opportunity Committee; formerly a member of the Costs & Fees Committee Member and (formerly Secretary), Women Barristers Forum A section of the New South Wales Bar Association Member, Public Interest Law Clearing House (PILCH), PALS@PILCH Member, Australian Association of Constitutional Law Member, Australian Institute of Administrative Law SIGNIFICANT CASES RESOLVED AT TRIAL Balven v Thurston [2015] NSWSC 1103 (unled appearance on behalf of respondent in relation to the assessment of aggravated damages for trespass to land, successfully resisting an appeal against a decision of the Local Court). Thomas v Owners Corporation (NCAT, 2015) (unled appearance on behalf of the owners of Diesel Thomas, a Rhodesian Ridgeback, successfully seeking permission to live with his family in strata). The Trust Company v Feiner [2014] NSWSC 1492 (unled appearance on behalf of the Registrar-General of NSW, successful application for default judgment in mortgage fraud/torrens Assurance Fund case). Khan v Minister for Immigration and Border Protection [2014] FCA 168 (unled appearance for the Minister for Immigration, successfully resisting an appeal against a decision of the Federal Circuit Court). SZSJL v Minister for Immigration & Anor [2013] FCCA 1338 (unled appearance for the Minister for Immigration, successfully resisting an application for judicial review in respect of the Refugee Review Tribunal). Shandil v Animal Welfare League NSW [2013] NSWADT 15 (unled successful application by respondent to recover legal costs in a fixed sum in the Equal Opportunity Division of the Administrative Decisions Tribunal). Minister for Immigration and Citizenship v Buadromo [2012] FCAFC 101 (unled judicial review of a decision of the Administrative Appeals Tribunal). Geodis Wilson Australia Pty Ltd v Kelly (unreported, District Court of NSW, Elkaim DCJ, 24 February 2012) (unled successful recovery of a debt, together with interest and costs, pursuant to a director s deed of guarantee). 3
SZOBI v Minister for Immigration and Citizenship (No 2) [2010] FCAFC 151; (2012) 119 ALD 233 (unled judicial review of a decision of the Refugee Review Tribunal). Allianz Australia Insurance Ltd v Roger Ward & Ors [2010] NSWSC 720 (led by Ross Letherbarrow SC and Mark Robinson SC judicial review of a decision made by two officers of the Motor Accidents Authority of NSW). Hill v Forrester [2010] NSWCA 170 (led by D A C Robertson appeal against decision of the District Court of New South Wales in respect of the assessment of gratuitous care damages under s 15(3) of the Civil Liability Act 2002 (NSW)). Mukherjee v Medicare Participation Review Committee [2010] FCA 233; (2010) 114 ALD 148 (led by Mark Robinson SC application for review by a medical practitioner disqualified from access to Medicare benefits under the Health Insurance Act 1973 (Cth)). Lafu v Minister for Immigration and Citizenship [2010] AATA 234 (unled merits review by Deputy President Tamberlin QC of a visa cancellation decision). SIGNIFICANT CASES RESOLVED AT MEDIATION OR PRIOR TO TRIAL Advised a leading national professional services law firm in relation to procedural fairness and evidentiary issues arising in the context of a workplace dispute. Represented and advised a multinational manufacturer in relation to statutory product liability claims brought in New South Wales, Victoria, Queensland and Tasmania pursuant to the Trade Practices Act 1974 (Cth) and the Australian Consumer Law. Represented and advised the Registrar-General of NSW in respect of litigated and administrative claims from the Torrens Assurance Fund under the Real Property Act 1900 (NSW). Represented and advised (led by Chris Ronalds SC) an aged care provider in respect to administrative and judicial review of accreditation and compliance under the Aged Care Act 1997 (Cth). Represented and advised (led by Robert Angyal SC) the vendor of valuable trade marks in respect to proceedings in the Supreme Court for breach of contract, alternatively rectification of contract, for sale of the trade marks. Represented and advised (led by Carol Webster SC) the Registrar- General of NSW in respect to administrative claims from the Torrens Assurance Fund under the Real Property Act 1900 (NSW). Represented and advised applicants in unfair dismissal proceedings before Fair Work Australia. Represented and advised (led by Scot Wheelhouse SC) a multinational manufacturer in a statutory product liability claim brought in the District Court of NSW by way of subrogation seeking damages, plus 4
interest and costs from a manufacturer pursuant to the Trade Practices Act 1974 (Cth), Fair Trading Act 1987 (NSW) and at common law. Represented and advised on claims brought in the Supreme Court of NSW under the Succession Act 2006 (NSW) for family provision from an estate. Represented and advised on a claim for damages brought in the Federal Court of Australia for misleading and deceptive conduct contrary to the Trade Practices Act 1974 (Cth) and for breach of copyright under the Copyright Act 1968 (Cth). Represented and advised various owners corporations in respect to claims in the Supreme Court of NSW, District Court of NSW, and the NSW Civil and Administrative Tribunal, raising issues of governance and management of schemes under the Strata Schemes Management Act 1996 (NSW), together with equitable claims and claims arising under the Corporations Act 2001 (Cth). ROYAL COMMISSIONS / COMMISSIONS OF INQUIRY Appearance on behalf of institutionalised victim witness before the Royal Commission into Institutional Responses to Child Sexual Abuse (Case Study 33: Response of The Salvation Army, Southern Territory in Victoria, Tasmania, South Australia and Western Australia). Appearance on behalf of two victim witnesses before the Royal Commission into Institutional Responses to Child Sexual Abuse (Case Study 13: Response of the Marist Brothers to allegations of child sexual abuse in schools in the ACT, NSW and Queensland). My crossexamination featured in ABC Radio s World Today programme (http://www.abc.net.au/worldtoday/content/2014/s4036672.htm). PRO BONO PUBLICO (IN THE PUBLIC INTEREST) Advice for PALS@PILCH on the availability of an administrative law challenge to regulations made under the Prevention of Cruelty to Animals Act 1979 (NSW) and in relation to various animal welfare matters touching upon horse racing, rodeos and farming practices. Appearance in the Full Court of the Federal Court of Australia (unled) for a respondent resisting an appeal by the Minister for Immigration & Citizenship against a decision of the Administrative Appeals Tribunal favourable to the respondent (visa cancellation case). Appearance in the Full Court of the Federal Court of Australia (unled) for an appellant seeking review in respect to the refusal by the Refugee Review Tribunal to exercise jurisdiction to review a refusal to grant a protection visa. Appearance in the Federal Magistrates Court of Australia for various applicants seeking review in respect to refusal decisions in the Refugee Review Tribunal. 5
Appearance in the Administrative Appeals Tribunal for an applicant seeking review of a visa cancellation decision on character grounds. Barrister on the NSW Bar Association s Pro Bono Referral Service. PERSONAL MEMBERSHIPS Member of Equestrian New South Wales Member of New South Wales Polo Association Member of Animals Australia Member of the Royal Society for the Prevention of Cruelty to Animals 6