1 September 2016

Decisions of the Court of Arbitration for Sport’s Ad Hoc Division at the Rio 2016 Summer Olympic Games

As with previous Olympic Games, Hall & Wilcox has prepared a summary of the decisions of the Court of Arbitration for Sport’s Ad Hoc Division at the 2016 Rio Summer Olympic Games (2016 Olympic Games).

CAS Ad Hoc Division

The Court of Arbitration for Sport (CAS) has operated an ad hoc tribunal (CAS Ad Hoc Division) at each Olympic Games since 1996.

The purpose of the CAS Ad Hoc Division is to resolve, in an expedited manner, disputes which arise during the 2016 Olympic Games and the 10 day period leading up to the Opening Ceremony.1 Where an application is made to the CAS Ad Hoc Division, the matter is heard by a tribunal of  three arbitrators or by a sole arbitrator.

For the 2016 Olympic Games, a temporary office was established in Rio de Janiero to facilitate the CAS Ad Hoc Division and a panel of 14 arbitrators was appointed by CAS, including the Hon Dr Annabelle Bennett AO SC, a retired judge of the Federal Court of Australia.

The CAS Ad Hoc Division heard 20 cases in relation to the 2016 Olympic Games. This set a new record of cases for one Olympic Games (the former record was 15 for the 2000 Sydney Olympic Games), although many of the cases related to the eligibility of Russian athletes following the recent doping scandal.

CAS Anti-Doping Division

A new structure was created this year to act as the first-instance authority for doping disputes that arise during or in relation to the 2016 Olympic Games (CAS Anti-Doping Division). This role was previously undertaken by the International Olympic Committee (IOC) Disciplinary Commission, comprised of ordinary IOC members, which would convene in response to a positive doping test result. The CAS Anti-Doping Division heard a total of eight matters in relation to the 2016 Olympic Games.

This update does not summarise the decisions of the CAS Anti-Doping Division.

Summary of CAS Ad Hoc Division Decisions

The matters considered by the CAS Ad Hoc Division for the 2016 Olympic Games were of four different types:

A summary of the matters considered by the 2016 CAS Ad Hoc Division is set out below.

Field of play decisions

The application and interpretation by umpires, referees and officials of the rules which govern sporting competitions are known as ‘field of play’ decisions. These decisions can include pure sporting decisions, such as determining whether a foul is committed, or more technical applications, such as appeal procedures.

The CAS Ad Hoc Division has the power to review and overturn field of play decisions. However, it will only overturn such decisions if there is some evidence that the relevant rule was applied arbitrarily, in bad faith or by fraud.2 While this places a high hurdle for applicants, if the hurdle were lowered it would be much easier for any dissatisfied participant to seek the post-sporting contest review of a field of play decision.3 It would be unfair to the decision-makers and other athletes to interfere in the decisions made by officials, who are the technical experts. It also prevents the constant interruptions of sporting contests by appeals.

Behdad Salimi & NOCIRI v International Weightlifting Federation4

Mr Salimi was the defending Olympic gold medallist in the +105kg weightlifting category.

At the 2016 Olympic Games Mr Salimi set a world record in the first part of the competition; the snatch. In the clean and jerk, Mr Salimi’s first attempt at lifting 245kg was rejected by the Referees. His second attempt was accepted by three Referees but was subsequently overturned by the Jury. Mr Salimi’s third and final attempt at lifting 245kg was unsuccessful. Had Mr Salimi successfully lifted 245kg he would have at least won a silver medal.

The relevant rules under which the weightlifting competition were conducted were the International Weightlifting Federation (IWF) 2013-2016 Technical and Competitions Rules & Regulations (TCRR). Article 7.5.7 of the TCRR provides:

The Jury has the power to reverse a decision when the Referees’ decision has been judged unanimously by the Jury to be technically incorrect. In order to consider the reversal of a decision, the Jury must call the Referees in question to seek an explanation. If the explanation is accepted, no action is taken, if the explanation is not accepted the Jury will reverse the decision. Such decision and its reason must be communication to the athlete/Team official concerned via the Technical Controller or any other TO, as directed by the President of the Jury, and announced by the Speaker.

Mr Salimi and the National Olympic Committee of the Islamic Republic of Iran (NOCIRI) made an application to the CAS Ad Hoc Division for relief on the basis that:

  • the Jury overturned the Referees’ decision without consulting with the three Referees and did not communicate the reasons for the decision to Mr Salimi, as required by Article 7.5.7 of the TCRR
  • changing the start list the night before the competition by replacing one of the jurors with the technical controller contravened Article 7.5.3 of the TCRR.

To support their submissions, Mr Salimi and the NOCIRI provided a video of Mr Salimi’s three lifts. The CAS Ad Hoc Division panel hearing the case (Panel) found that the video was not helpful in establishing any contravention as it focussed on the warm up area and the lifts themselves and did not show the decision making process or any other aspect of the Jury deliberation process. In coming to this conclusion, the Panel noted that reversal of the Referees’ decision by the Jury is not unusual in weightlifting and had in fact already occurred seven times at the 2016 Olympic Games.

In respect of any failure to communicate the decision, the Panel was not persuaded that the Jury’s decision was not communicated to Mr Salimi. In particular, the fact that there was no evidence that Mr Salimi had registered a protest before proceeding to his third lift supported the IWF’s submission that the reasons were properly communicated.

The Panel therefore found that Mr Salimi had been treated fairly.

The Panel also noted that Article 7.5.9 of the TCRR, which expressly provides that there is no appeal against the Jury’s decision, reflected the finality of the Jury’s decision. As such, the Panel could not interfere with the Jury’s decision absent evidence of bad faith, fraud or arbitrariness.

The Panel was unable to find a breach of Article 7.5.3 of the TCRR or that the IWF had acted in bad faith by replacing one juror with a technical controller. The Panel accepted that all of the officials were qualified and that the replacement of officials is not unusual.

Outcome

Application unsuccessful – no evidence the relevant rules were applied arbitrarily or in bad faith.

Aurélie Müller v International Swimming Federation

French swimmer Aurélie Müller challenged her disqualification from the Women’s 10km open water race at the 2016 Olympic Games by the International Swimming Federation (ISF). Ms Müller’s disqualification followed an incident at the end of the race, where she pushed Italy’s Rachele Bruni under water and went over her in an attempt to touch the finishing pad. Had she not been disqualified Müller would have finished with the silver medal.

At the time of publication of this update5 the full award and grounds had not been published by CAS.

Outcome

Application unsuccessful – no evidence the relevant rules were applied arbitrarily or in bad faith.

Qualification and selection disputes

Participation in the Olympic Games is a career highlight for many athletes. However, as stated in Rule 44.3 of the Olympic Charter:6

nobody is entitled to any right of any kind to participate in the Olympic Games’.

Athletes who satisfy the applicable citizenship criteria for a country may be nominated by their national Olympic association (NOC) to the IOC to participate in the Olympic Games, usually following a recommendation by the national federations (NF) for the relevant sport and after consideration of the qualification criteria for the relevant events determined by the international federation (IF) for that sport.

Most disputes regarding qualification and selection are resolved in advance of the Olympic Games. Sometimes those disputes are heard by CAS’s ‘ordinary’ tribunal. For example, in June 2016 the CAS Oceania Registry heard a selection dispute relating to the non-selection of an athlete in the Australian Olympic shooting team.7

However, in some instances qualification and selection disputes are still active in the immediate lead up to the Olympic Games and result in applications to the CAS Ad Hoc Division.

Mangur Makur Chep v South Sudan Olympic Committee; South Sudan Athletics Federation v South Sudan Olympic Committee8

This matter related to the non-selection by the South Sudan Olympic Committee (SSOC) of Mr Chep, an athlete in the sport of athletics.

South Sudan is a new nation, having gained its independence in 2011. The 2016 Olympic Games was the first time South Sudan has participated in the Olympic Games.9

No athlete from South Sudan attained the qualifying times to participate in the 2016 Olympic Games. However, under the rules of the IF for athletics, the International Association of Athletics Federations (IAAF), where a NOC does not have any male or female athletes qualify for the Olypmic Games the NOC, in this case the SSOC, is entitled to enter their best male athlete and female athlete in one athletic event at the Olympic Games.10

Despite being nominated by the relevant NF, the South Sudan Athletics Federation (SSAF), and being informed by the President of the SSOC that he would be attending the 2016 Olympic Games (including representations made as late as 20 July 2016, just over two weeks before the Opening Ceremony), Mr Chep was not nominated by SSOC to represent South Sudan.

Mr Chep and the SSAF sought an order from CAS that SSOC had unlawfully excluded Mr Chep from the 2016 Olympic Games.

Although the Panel found that Mr Chep had been misled by the President of the SSOC to believe he would be representing South Sudan at the 2016 Olympic Games,11 the Panel was unable to find that the decision to nominate other athletes to represent South Sudan was contrary to the Olympic Charter or the IAAF rules.12 The applications by Mr Chep and the SSAF were unsuccessful and Mr Chep did not participate in the 2016 Olympic Games.

Outcome

Application unsuccessful – no breach of Olympic Charter or IF qualification rules.

Tjipekapora Herunga v Namibian National Olympic Committee13

Ms Herunga made an application to the CAS Ad Hoc Division in relation to the decision of the Namibian National Olympic Committee (NNOC) not to select her to represent Namibia in the Women’s 400 metres at the 2016 Olympic Games.

Ms Herunga submitted she had met the qualifying time at the All Africa Games in September 2015. The NNOC argued that this event was not a qualifying event.

The jurisdiction of the CAS Ad Hoc Division is limited to disputes:

‘insofar as they arise during the Olympic Games or during a period of ten days preceding the Opening Ceremony of the Olympic games’.14

The Panel found that this dispute arose well before the time limit of ten days prior to the Opening Ceremony for the 2016 Olympics Games and therefore the application was inadmissible.15 In any event, the CAS arbitrator noted that even if the application had proceeded, it would have failed on its merits for various reasons.16

Outcome

Application unsuccessful – no jurisdiction.

VANASOC & Vanuatu Beach Volleyball Federation v FIVB & Rio 2016 Organizing Committee17

The Vanuatu Association of Sports and National Olympic Committee (VANASOC) and the Vanuatu beach volleyball NF, the Vanuatu Beach Volleyball Association (VBVA), made an urgent application to the CAS Ad Hoc Division on the day of Opening Ceremony seeking:

  • exclusion of the Italian female beach volleyball team from the 2016 Olympics Games
  • a declaration that the Vanuatu female beach volleyball team be entitled to compete at the Rio 2016 Olympics.

The application by VANASOC and VBVA arose because, Viktoria Orsi Toth, one of the two athletes that the Italian NOC, the Comitato Olimpico Nazionale Italiano (CONI), had nominated to be part of the Italian Women’s volleyball team, tested positive for a prohibited anabolic substance on 19 July 2016. Following this positive result Ms Toth was excluded from the 2016 Olympic Games.

The relevant regulations for beach volleyball provide:

  • that joint liability is imposed on both members of the team if one member denies testing positive for doping and the team is disqualified18
  • the replacement of an athlete “will only occur where there are urgent medical conditions preventing participation of an Athlete, or otherwise on a case-by-case basis for exceptional circumstances”.19

The IF for beach volleyball, the Federation Internationale de Volleyball (FIVB), had approved CONI replacing Ms Toth with another player in the Italian female beach volleyball team under the Late Player Replacement Policy for the 2016 Olympic Games, published by the Rio 2016 Organizing Committee (Policy).20

The Policy provided that the Rio 2016 Organizing Committee could authorize a permanent replacement of an athlete by another athlete in the same sport, discipline and event and stated, in part:

Such replacement will only occur where there are urgent medical conditions preventing participation of an Athlete, or otherwise on a case-by-case basis for exceptional circumstances.21

VANASOC and VBVA argued that use of an anabolic substance by Ms Toth was not an ‘urgent medical conditional’ or ‘exceptional circumstances’.

Interestingly and, as noted by the arbitrator, unfortunately, neither the FIVB or the Rio 2016 Organizing Committee responded to, or engaged in, the application before the CAS Ad Hoc Division.

However, the Panel found that FIVB was aware of the requirement under the Policy allowing for replacement of an athlete in exceptional circumstances;22 that the applicants bore the onus of establishing that there were no applicable exceptional circumstances under the Policy23 and that;

the facts were not sufficient to establish an inevitable conclusion of lack of exceptional circumstances.24

The application was unsuccessful and the Vanuatu female beach volleyball team did not participate in the 2016 Olympic Games.

Outcome

Application unsuccessful – lack of evidence there was no exceptional circumstances to justify replacement of athlete under the policy of the Organizing Committee for the replacement of athletes.

Karen Pavicic v Federation Equestre Internationale25

Ms Pavicic is an equestrian rider from Canada.

Ms Pavicic alleged that in June 2016 at the final North American qualifying event for dressage for the 2016 Rio Olympics one of the judges, Elizabeth McMullen, gave artificially high scores to another athlete, Ms Lane, to ensure that Ms Lane qualified ahead of Ms Pavicic for selection for the Olympic Games.26

Ms Lane was subsequently selected ahead of Ms Pavicic to represent Canada at the 2016 Olympic Games.

The following then occurred:

  • On 8 July 2016 Ms Pavicic made a complaint to the IF for the sport of equestrian, Federation Equestre Internationale (FEI).
  • On 13 July 2016 Ms Pavicic appealed the decision of the NF for equestrian in Canada, Equine Canada, to nominate Ms Lane ahead of her for the 2016 Olympics Games.
  • On 15 July 2016 a committee from the FEI (FEI Committee) considered the results for the qualifying event and Ms McMullen’s judging at that event. The FEI Committee unanimously found that the original results should stand, as there were insufficient grounds for annulling or changing the results.27 The FEI Committee also determined to make further enquiries into Ms McMullen’s behaviour.28 This decision was communicated to Ms Pavicic on 17 July 2016.
  • On 16 July 2016 an arbitration was conducted by the Sport Dispute Resolution Centre of Canada in relation to the selection decision of Equine Canada. The arbitrator dismissed Ms Pavicic’s challenge to her non-selection.
  • On 2 August 2016 Ms Pavicic filed an application with the CAS Ad Hoc Division seeking that Ms Lane’s score should be annulled and that Ms Pavicic should represent Canada at the 2016 Olympic Games in place of Ms Lane.

The threshold issue in this proceeding was whether the CAS Ad Hoc Division had jurisdiction to hear the application.

As noted above, the CAS Ad Hoc Division has jurisdiction in respect of disputes arising during the Olympic Games or the 10 days before the Opening Ceremony.

Further, the CAS Ad Hoc Division Rules require applicants to exhaust all internal remedies available to them before making an application to CAS. This condition is qualified if the time needed to exhaust the internal remedies would make the appeal to the CAS Ad Hoc Division ineffective.29

Ms Pavicic’s application related to a decision made by the FEI Committee on 17 July 2016. Ms Pavicic had not appealed that decision to the relevant FEI tribunal under the FEI Rules, but had waited 2 weeks and then sought to take the matter direct to CAS.

In circumstances where Ms Pavicic had not exhausted her internal remedies under the FEI Rules, the arbitrator found that the CAS Ad Hoc Division had no jurisdiction to hear the application.30

Outcome

Application unsuccessful – no jurisdiction.

Carvin Nkanata v International Olympic Committee31

On 5 August 2016 Mr Nkanata was refused access to the Olympic Games Village (OGV) as he could not provide the appropriate identification to IOC officials to verify his Kenyan citizenship. Mr Nkanata had used his United States passport and National Olympic Committee Kenya (NOCK) Accreditation to enter Brazil.

On 14 August 2016 Mr Nkanata filed an application to the CAS Ad Hoc Division seeking:

  • the immediate withdrawal of the IOC’s decision to deny Mr Nkanata to the OGV
  • the confirmation of Mr Nkanata’s place in the heats of the men’s 200 metre race, scheduled for 16 August 2016.

Mr Nkanata relied on Article 41 and 52 of the Olympic Charter which prescribes that an athlete must be a national of the country of the NOC, which is entering the competitor and that the Olympic Identity and Accreditation is a document which establishes the identity of its holder and confers upon the athlete a right to take part in the Olympic Games, together with a passport or other official travel documents.32

Mr Nkanata submitted that his United States passport and his Accreditation card satisfied the requirement of Article 52 of the Olympic Charter. In response, the IOC argued that it was not clear that Mr Nkanata was a Kenyan National as he could only provide an identity card number and was unable to produce the official identity card. Accordingly, the IOC maintained that Mr Nkanata was rightly refused entry into the OGV.

The Panel determined that Article 41 and Article 52 must be read together. Accordingly, Mr Nkanata had interpreted Article 52 in isolation of Article 41 and had incorrectly ignored the requirement that an athlete must be a national of the country of the NOC which is entering the competitor.

In the circumstances, the CAS Ad Hoc Division Panel determined that the IOC and the NOCK did not have proof of Mr Nkanata’s identity. Accordingly, Mr Nkanata’s appeal was dismissed.

Outcome

Application unsuccessful – citizenship-athlete accreditation – athlete unable to establish citizenship – refusal of entry to 2016 Olympic Games justified.

Jason Morgan v Jamaican Athletic Administrative Association33

Mr Morgan applied to the CAS Ad Hoc Division in relation to the decision of the Jamaican Athletic Administrative Association (JAAA) not to select him to represent Jamaica in the men’s discus at the 2016 Olympic Games.

Mr Morgan was one of two Jamaicans who had thrown the qualifying distance specified by the IAAF, however he did not achieve a top three finish at the JAAA national championships which would have guaranteed him selection at the 2016 Olympic Games. Mr Morgan submitted that JAAA unfairly exercised its discretion in not selecting him for the 2016 Olympic Games.

The JAAA argued that CAS Ad Hoc Division did not have jurisdiction to resolve the dispute as Mr Morgan became aware of the selection decision on 21 July 2016. Further, JAAA submitted that they had exercised their discretion fairly and reasonably during the selection process.

As noted above, the CAS Ad Hoc Division has jurisdiction in respect of disputes arising during the Olympic Games or the 10 days before the Opening Ceremony. Also, CAS requires applicants to exhaust all internal remedies available to them before making an application to CAS.

The CAS Ad Hoc Division found that this dispute arose before the time limit of 10 days prior to the Opening Ceremony for the 2016 Olympics Games. In addition, there was no evidence Mr Morgan had exhausted all internal remedies available to them before making an application to CAS.

In the circumstances the CAS Ad Hoc Division held that it had no jurisdiction to hear the application.

Outcome

Application unsuccessful – no jurisdiction.

Czech Olympic Committee & Czech Cycling Federation v Union Cycliste Internationale34

On 1 June 2016 the Union Cycliste Internationale (UCI) released its list of athletes quota for the road cycling Women’s events at the 2016 Olympic Games. The Czech Olympic Committee (COC) received no allocation under this quota. The COC and Czech Cycling Federation (CCF) expressed their concern regarding this decision and asserted that a mistake had been made by the UCI, requesting an explanation for the decision and providing statements regarding their differing interpretations of the ‘Rio 2016 – Road Cycling – Qualification System’.

On 6 August 2016 COC and CCF applied to the CAS Ad Hoc Division seeking an order that a Czech athlete be permitted to compete in the 2016 Olympic Games.

The UCI contended that the CAS Ad Hoc Division did not have the jurisdiction to hear the dispute as it arose outside the mandated 10 day period immediately before the Opening Ceremony.

The Panel considered the initial communications between the parties and found that those communications did not give rise to an actual dispute. The Panel accepted the COC and CCF’s argument that for a time they were simply seeking an explanation of the reasons which led to the decision by the UCI.

The Panel found that the dispute actually arose on 18 July 2016 when, in response to a further request by the CCF for an explanation from the UCI, the UCI stated that the matter was ‘closed’.35 This meant that the dispute arose outside the mandated 10 day period.

In coming to this decision the CAS Ad Hoc Division Panel considered the previous case of Joseph Ward v IOC, AIBA & ANOC36 where it was held that a dispute does not arise until an athlete has clearly taken issue with a decision, or the basis on which it was made. Where an athlete formally objects to a decision it will be clear that a dispute has arisen, however, this is a determination to be made on the facts of each case.

The application by COC and CC was therefore dismissed, as the CAS Ad Hoc Division did not have jurisdiction to hear the matter.

Outcome

Application unsuccessful – no jurisdiction.

Pre-Olympic Games doping matters

On 8 June 2015 the IOC published anti-doping rules applicable to the 2016 Olympic Games (Anti-Doping Rules), in line with World Anti-Doping Authority’s (WADA) World Anti-Doping Code and the Prohibited Substances and Methods List (Prohibited Substances List). Under these rules, athletes cannot use prohibited substances and were subject to doping-control testing during the 2016 Olympic Games.

Where a violation of the Anti-Doping Rules is alleged by the IOC during the 2016 Olympic Games or the 10 day period immediately preceding them, the IOC is required to promptly file an application with the CAS Anti-Doping Division.37 In these applications the IOC will typically seek a finding that a violation of the Anti-Doping Rules has occurred and pursue available sanctions.

In the following cases the athletes did not test positive to prohibited substances within the appropriate timeframe to allow the matter to be heard by the CAS Anti-Doping Division. However, the disputes arising in relation to the positive tests were alleged to have arisen during the 2016 Olympic Games or the 10 day period immediately preceding them, which brought the dispute within the jurisdiction of the CAS Ad Hoc Division.38

World Anti Doping Agency v Narsingh Yadav & National Anti-Doping Agency39

Narsingh Yadav is an Indian wrestler. Mr Yadav was subject to two out-of-competition doping control tests on 25 June and 5 July 2016 respectively. These tests separately confirmed the presence of certain metabolites of the exogenous androgenic steroid methandienone, which is a non-specified substance under Article 1.1a of the Prohibited Substances List. On 16 July 2016 Mr Yadav was provisionally suspended from competition.

Mr Yadav subsequently filed a complaint with the police alleging that his energy drink had been spiked with the prohibited substance by Mr Jitesh, an associate of one of Mr Yadav’s rivals in competition. On 1 August 2016 India’s National Anti-Doping Agency (NADA) Anti-Doping Disciplinary Panel (NADA Disciplinary Panel) determined that Mr Yadav was the victim of sabotage, bearing no fault or negligence for the presence of the substance in his body. As such, the NADA Disciplinary Panel decided that there was no violation of NADA’s Anti-Doping Rules.40

On 13 August 2016 WADA filed an application with the CAS Ad Hoc Division that the decision of the NADA Disciplinary Panel be set aside.

The NADA argued that the CAS Ad Hoc Division did not have jurisdiction to determine the application by WADA as it arose outside the mandated 10 day period immediately preceding the 2016 Olympic Games. The Panel held that while the testing occurred outside this period, the NADA Disciplinary Panel’s decision was issued within this period, which is the event giving rise to the dispute.41 Therefore the CAS Ad Hoc Division had jurisdiction to hear the matter.

Additionally, NADA submitted that the CAS Ad Hoc Rules require applicants to exhaust all internal remedies available to them before making an application to CAS.42 The Panel noted that the NADA Anti-Doping Rules provide that where a decision is made under the NADA processes, such as the decision by the NADA Disciplinary Panel, and this decision has not been appealed, WADA has the right to appeal this decision to CAS.43

The Panel held that there was a clear violation by Yadav of Article 2.1 of the Anti-Doping Rules. This rule provides that an athlete will have violated the Anti-Doping Rules where they test positive to a substance on the Prohibited Substances List. There is no requirement that there be any fault or negligence on the part of the athlete. The positive tests establish this violation.

The standard sanction for a violation of this type is a four year period of ineligibility for competition, unless the athlete can demonstrate that the violation was not intentional, in which case the period will be reduced to two years.44 The burden of proof is on the athlete to establish this lack of intention, on the balance of probabilities.45

WADA presented expert evidence by Professor Christiane Ayotte, which argued that the test results indicated multiple ingestions of the prohibited substance and in large quantities, which would occur through the ingestion of tablets rather than powder mixed with water. This was inconsistent with Mr Yadav’s claims that his drink was contaminated. The Panel noted that Mr Yadav’s theory was ‘possible, but not probably and certainly not grounded in any real evidence46 and the more likely explanation was that suggested by Professor Ayotte’s evidence. As such, Mr Yadav failed to satisfy the burden of proof.

In light of the above findings, the Panel ordered that:

  • the decision of the NADA Disciplinary Panel on 1 August 2016 be set aside
  • Mr Yadav be sanctioned with a four-year ineligibility period, with his term of suspension beginning 16 July 2016 to be credited against this period
  • all results obtained by Mr Yadav from 25 July 2016 be disqualified and all medals, points and prizes be forfeited.
Outcome

Application successful – violation of the Anti-Doping Rules – athlete unable to demonstrate lack of intention to ingest prohibited substance.

Ihab Abdelrahman v Egyptian National Anti-Doping Organization47

Ihab Abdelrahman is an Egyptian javelin athlete. On 17 April 2016 Mr Abdelrahman was subject to an out-of-competition doping control test. The A Sample revealed the presence of testosterone consistent with an exogenous origin, which is a non-specified substance in Article 1.1a of the Prohibited Substances List. Mr Abdelrahman was verbally notified of the test results on 24 July 2016 and was provisionally suspended from competition.

Mr Abdelrahman subsequently requested analysis of his B Sample. On 27 July 2016 Mr Abdelrahman received a letter from the IAAF advising that he had been suspended.

Mr Abdelrahman applied to the CAS Ad Hoc Division to have the provisional suspension lifted until the analysis of his B Sample and a declaration allowing him to compete in the 2016 Olympic Games.

The Egyptian National Anti-Doping Organisation (ENADO) contended that Mr Abdelrahman’s application to the CAS Ad Hoc Division was inadmissible as it arose on 24 July 2016, outside the 10 day period immediately preceding the 2016 Olympic Games and therefore the CAS Ad Hoc Division did not have jurisdiction to hear the matter.48

The Panel found that the relevant dispute arose on 27 July 2016, when Mr Abdelrahman was properly notified of the consequences of the test results.49 In making this decision the Panel referred to Joseph Ward v IOC, AIBA & ANOC.50 The effect of this finding was that the CAS Ad Hoc Division had jurisdiction to hear Mr Abdelrahman’s application.

Mr Abdelrahman contended that in light of his unblemished record, the mismanagement of testing procedures by the ENADO and delays involved in his case, the provisional suspension should be lifted until his B Sample could be tested and the matter resolved.

The CAS Ad Hoc Division Panel found that the test results demonstrate, on a prima facie basis, the presence of the prohibited substance in Mr Abdelrahman’s body and the mere assertion that an athlete had not ingested a prohibited substance, is not a sufficient basis on which to contest the test results. While Mr Abdelrahman raised concerns about the testing procedures, he could not demonstrate any failure by the laboratory to adhere to the appropriate regulations or standards. The CAS Ad Hoc Division Panel also noted that, while the delays Mr Abdelrahman experienced in testing and the communication of these test results were unfortunate, this was not a sufficient reason to stay or suspend his provisional suspension. Mr Abdelrahman’s application was therefore dismissed.

Outcome

Application unsuccessful – athlete could not demonstrate that provisional suspension should be stayed pending final resolution of dispute.

Russian pre-Olympic Games doping matters

In November 2015 the WADA Independent Commission issued a report detailing allegations of widespread, state-sponsored doping in Russian athletics. As a result, the Russian Athletics Federation was banned from participating in the 2016 Olympic Games by the IAAF. Subsequently on 16 July 2016, Professor Richard McLaren released an independent report commissioned by WADA (McLaren Report) following an investigation into the allegations.

On 24 July 2016 the IOC determined that eligibility of any Russian athlete for the 2016 Olympic Games will only be granted by an IF, where the athlete can provide evidence to satisfy the following criteria:51

  • when establishing the pool of eligible Russian athletes, the IF is to apply the World Anti-Doping Code
  • the absence of a positive national anti-doping test cannot be considered sufficient
  • an individual analysis of each athlete’s anti-doping record should be conducted, taking into account only reliable adequate international tests, and the specificities of the athlete’s sport and its rules, in order to ensure a level playing field
  • any person implicated in the McLaren Report was banned from entry into the 2016 Olympic Games
  • the IFs will have to apply their respective rules in relation to the sanctioning of NFs where necessary.

The IOC made further determinations, including that the Russian Olympic Committee (ROC) cannot enter an athlete in the 2016 Olympic Games where they have previously been sanctioned for doping, even where they have served the sanction.

These determinations resulted in a number of applications to the CAS Ad Hoc Division in an attempt to overturn the bans.52 The circumstances relating to these matters are unique and unprecedented. We have not considered the relevant CAS Ad Hoc Division and CAS Anti-Doping Division decisions in this update.


1Article 1 of the Arbitration Rules for the Olympic Games (CAS Ad Hoc Division Rules)
2CAS OG 00/13 Segura v International Amateur Athletic Federation
3CAS OG 02/007, 17 Korean Olympic Committee v International Skating Union
4CAS OG 16/28
51 September 2016
6Olympic Charter
7CAS A1/2016 Mitchell Iles v Shooting Australia
8CAS OG 16/05 & 16/07
9CAS OG 16/05 & 16/07, 6
10IAAF Qualification System – Games of the XXXI Olympiad – Rio 2016, 5
11CAS OG 16/05 & 16/07, 43
12CAS OG 16/05 & 16/07, 42
13CAS OG 16/15
14Article 1 CAS Ad Hoc Division Rules
15CAS OG 16/15, 4.5 & 4.8
16CAS OG 16/15, 4.12
17CAS OG 16/20
18Rule 19 Olympic Beach Volleyball Tournaments Specific Competition Regulations
19Rule 10 Olympic Beach Volleyball Tournaments Specific Competition Regulations
20Rule 10 Olympic Beach Volleyball Tournaments Specific Competition Regulations
21Rule 10 Olympic Beach Volleyball Tournaments Specific Competition Regulations
22CAS OG 16/20, 5.5
23CAS OG 16/20, 5.7
24CAS OG 16/20, 5.8
25CAS OG 16/14
26CAS OG 16/14, 2.2
27CAS OG 16/14, 2.7
28CAS OG 16/14, 2.7
29Article 1 CAS Ad Hoc Division Rules
30CAS OG 16/14, 6.1
31CAS OG 16/26
32Article 52 Olympic Charter
33CAS OG 16/08
34CAS OG 16/22
35CAS OG 16/22, 5.5
36CAS OG 12/02
37Article 1 Anti-Doping Rules
38Article 1 CAS Ad Hoc Division Rules
39CAS OG 16/25
40Article 10.4 of the 2015 NADA Anti-Doping Rules
41Article 1 CAS Ad Hoc Division Division Rules
42Article 1 CAS Ad Hoc Division Rules
43Article 13.1.3 CAS Ad Hoc Division Rules
44Article 10.2.1 Anti-Doping Division Rules
45Article 3.1 Anti-Doping Rules
46CAS OG 16/25, 7.27
47CAS OG 16/23
48Article 1 CAS Ad Hoc Division Rules
49CAS OG 16/25, 5.7-8
50CAS OG 12/02
51Media release from the IOC dated 24 July 2016 – https://www.olympic.org/news/decision-of-the-ioc-executive-board-concerning-the-participation-of-russian-athletes-in-the-olympic-games-rio-2016
52Yulia Efimova v ROC, IOC & FINA; Russian Weightlifting Federation v International Weightlifting Federation CAS OG 16/09; Pavel Sozykin & RYF v World Sailing & IOC CAS OG AD 16/01; Natalia Podolskaya & Alexander Dyachenko v ICF CAS OG 16/19; Kiril Sveshnikov et al v UCI & IOC CAS OG 16/18; Ivan Balandin v FISA & IOC CAS OG 16/12; Elena Anyushina & Alexey Korovashkov v ICF & RCF CAS OG 16/21; Darya Klishina v IAAF CAS OG 16/24; Daniil Adrienko et al v FISA & IOC; Anastasia Karabelshikova & Ivan Podshivalov v FISA & IOC

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'"Stand out" Rachael Arnold is recommended for public and product liability claims.' – The Legal 500 Asia Pacific 2017

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Jane has been a practising solicitor for over 20 years specialising in Real Estate law with a focus on leasing in the commercial, retail, industrial, education and government sectors in all Australian jurisdictions...

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Alison has close to 18 years’ experience in a wide-ranging employment practice, advising private sector and public sector clients on all aspects of employment, industrial relations and human resources law, and work health and safety law...

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Natalie has close to 20 years’ experience in property, planning and environment law and has been recognised as a leading Australian lawyer in this area in Doyle's Guide to the Australian Legal Profession...

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  • Fluent in French - Conversational

In the corporate space, Jacqui regularly advises and assists client with mergers and acquisitions, corporate structuring, corporate compliance and governance, capital raisings and managed investment schemes.

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Paul has over 20 years' experience in insurance and commercial litigation. In particular his practice focuses on personal injury and property liability claims under common law and statutory schemes as well as marine and transport industry litigation.

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Anthony is a highly regarded tax practitioner with over 20 years’ experience. He has particular expertise in taxation planning and structuring for corporate clients, including advising on capital raisings, business structuring, mergers and acquisitions, and disputes with Federal and state taxation authorities.

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Angela has significant experience in workers’ compensation, product liability and public liability matters...

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  • Fluent in French - Conversational | German - Conversational

Chris Brown is a commercial lawyer with 20 plus years’ experience in corporate transactions and advice.

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Fay has acted for employers for over 17 years across a range of industries including professional services, recruitment, finance, entertainment, FMCG & general manufacturing, sport, health, aged care, community services and local councils focused always on the purpose and imperatives of the organisations she is servicing.

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Liam is an accomplished and determined litigator with an excellent eye for detail and an exceptional track record in obtaining successful outcomes for his insurer clients.

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Drew has over 20 years’ experience as an insurance and commercial litigation lawyer. His area of focus has been the defence of professional negligence claims, directors' and officers' claims and medical malpractice.

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    Fluent in Chinese | Mandarin - conversational

Eugene specialises in capital raising, funds management, financial services licensing and anti-money laundering law.

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Deborah has extensive experience across a broad range of commercial transactions, including mergers and acquisitions, equity capital markets and other corporate transactions...

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With over 25 years of corporate, commercial and regulatory experience, Alison has specialised in advising clients in the health, aged care, disability, life sciences and community sectors...

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  • Fluent in Greek - conversational

Anastasia’s practice focuses on personal injury litigation management and administrative law. Anastasia focuses on achieving quality outcomes for her clients in worker’s compensation matters, including statutory benefits and common law claims under the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

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Matthew Curll is one of the top ‘go-to’ people for Australian insurance law matters – both coverage and defence...

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James has experience in a broad range of commercial and intellectual property matters, including intellectual property commercialisation, agreements and licensing, trade mark registrability and infringement issues.

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Aaron has extensive employment and industrial relations law experience working with clients across a range of industries.

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Mark specialises in the construction, energy and infrastructure sectors...

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Maurice has more than 25 years’ experience delivering legal services for clients in both the private and public sector...

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Graydon acts on behalf of a number of national and overseas clients on large and complex commercial litigation matters and advises on all aspects of dispute resolution...

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Stephanie has over 15 years' experience in representing employers, insurers and self-insured corporations in the management and defence of a range of claims including intentional torts, property damage, pure economic loss and statutory classes of insurance...

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Mark’s practice encompasses both litigious and non-litigious applications of employment and industrial relations law...

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Maree acts for and advises insurers, employers and self-insurers and regularly appears in the District Court and at WorkCover WA...

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Ana’s practice focuses on the litigation of common law and statutory benefits claims brought pursuant to Victorian workers’ compensation legislation...

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Grant has more than 25 years' experience advising on catastrophic and major claims in the areas of CTP and general liability, which often involve complex liability, medical, causation and quantum issues...

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Heather advises on all regulatory, compliance, investment, tax and contractual issues, as well as acting in connection with disputes, regulator actions, product development, fund mergers and restructurings, and other transactions...

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Kylie is a senior practitioner with extensive experience in advising both government and non-government clients across all areas of employment, workplace relations, discrimination and health and safety law...

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Ben has a range of experience in intellectual property, technology, and commercial matters...

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  • Fluent in Greek - conversational

Frank advises his clients on direct taxes, international structuring and taxation, business transactions, corporate restructuring, taxation disputes and the not-for-profit sector...

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Kathryn specialises in resolving disputes, and works collaboratively with her clients to provide the legal and strategic advice that best achieves their preferred outcome...

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John has strong technical expertise in the property funds sector, having advised on real estate portfolio and corporate acquisitions, transactional activity for wholesale and retail unlisted funds and related regulatory, governance and compliance matters.

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    Fluent in French - Conversational | German - Conversational

Mark has almost 20 years' experience acting for Australian and overseas financial institutions and borrowers in a broad range of finance transactions...

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  • Fluent in German - Native speaker

Oliver is a corporate partner, whose practice focuses on mergers & acquisitions, corporate advisory, divestments, foreign investments and start-up capital raising.

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Zoe is a specialist insurance lawyer who manages complex and varied matters for a number of leading corporate insurers and Lloyd's of London syndicates.

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Wayne is a leading litigation and insolvency expert, with over 20 years' experience, specialising in large and complex commercial disputes in all jurisdictions, including commercial arbitrations.

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Nathan is an experienced insurance litigator with over 18 years' experience advising insurers on workers compensation, CTP and liability claims.

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Terry has over 25 years' insurance litigation experience, with his past 20 years focused predominantly on advising underwriters and self-insurers in the defence of damages claims for personal injuries, property damage and financial loss.

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Stephen is a well-respected commercial litigation lawyer with almost 30 years’ experience. His area of specialisation is in corporate and commercial dispute resolution, with a particular focus on complex debt, consumer law, contract, corporations law, equity, real property and regulatory investigations.

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Stan has been providing legal services to Local Government in NSW since 1996 and practices primarily in the areas of Environment, Local Government and Planning Law, and is a leading trusted adviser to Local Government.

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Adrian has been involved in litigation across a wide range of matters, including corporate and personal insolvency, banking and finance litigation, property and contractual disputes.

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Anne is a leading superannuation and financial services lawyer with deep knowledge and understanding of the superannuation and financial services industry...

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Gavin’s practice focuses on the specialist area of statutory recovery for worker’s compensation claims brought pursuant to the Accident Compensation Act 1985 (Vic) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)...

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    Fluent in Italian - Conversational

Joe has more than 23 years' experience advising insurers on large and complex claims under CTP and statutory classes of insurance...

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Matt has vast experience and expertise in public and product liability, professional indemnity, property, including recoveries, class actions and coverage disputes, and fraud...

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Tom has extensive experience in acting for high net wealth families, private and public corporations and corporate trustees...

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Jason’s practice focuses on personal injury litigation management and administrative law.

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Liz’s practice focuses on common law and statutory benefits claims and issues under the Accident Compensation Act 1985 (Vic) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)...

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With over ten years' of experience, William helps clients to work through their succession planning goals and issues...

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Simon is a highly experienced litigator, having practiced for over 25 years in the CTP, workers compensation, recovery and liability jurisdictions.

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James has a broad range of both corporate and general commercial experience, particularly in the areas of equity capital markets, corporate advice, and public and private M&A...

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Andrew’s practice includes workers compensation, work injury damages/common law, s151Z recoveries, builders warranty claims, workplace law and alternative dispute resolution.

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Peter is the section leader of the firm's Tax team. Peter has joined Hall & Wilcox in 2016 after nearly 30 years with KPMG where he was a Senior Tax Partner.

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Matthew has over 18 years experience in insurance litigation and specialises in defending state statutory class and common law claims arising in the challenging Australian Capital Territory jurisdiction...

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  • Fluent in Hebrew -Conversational

Harry has represented a number of listed public companies, large private companies and government organisations...

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Andrew provides advice on the application of a wide range of taxation.

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Paul is an experienced energy and resources lawyer, who specialises in the development of energy projects and acquisitions, energy trading and regulation, with a particular focus on renewable energy.

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John advises principals in relation to the appropriate joint venture and development arrangements and regarding the appropriate delivery mechanism for construction projects.

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Rory has over 10 years’ experience in planning and environmental law and was recognised in 2016 as a “Rising Star” in Planning and Environment, and again in 2018 as a Recommended Town Planning & Development Lawyer in the Doyle’s Guide to the Australian Legal Profession.

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Leigh has significant experience and expertise in general insurance litigation acting for most major Australian insurers as well as a number of English insurers and underwriters.

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Michael’s practice focuses on tax disputes, capital gains tax, business sales and acquisitions and restructuring...

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Ed’s practice covers private mergers and acquisitions, family business and private equity.

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Mark specialises in corporate insolvency matters, commercial litigation and corporations law disputes, intellectual property and copyright litigation, and financial services disputes including securities enforcement...

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Katrina practises principally in the areas of commercial law and property law and development.

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Martin practices commercial law with extensive experience in contracts and commercial litigation. Martin focuses on corporate, commercial, regulatory and private clients, with particular expertise in the sports and media sectors.

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Karl advises his clients in adverse action claims at the Fair Work Commission, implementing and negotiating enterprise agreements, unfair dismissal claims, discrimination claims and contractual disputes.

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Joel is an experienced and well-rounded insurance lawyer, who is always accessible to his clients and delivers prompt, pragmatic and comprehensive analysis and advice...

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Nick has 19 years’ experience acting for Australian and international financiers and borrowers in corporate finance, acquisition finance, real estate finance and general finance across a range of sectors including financial services, property and  technology.

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Rhett is the National Insurance Practice Head and is responsible for the driving and coordinating the strategy for the firm’s national insurance practice.

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Matthew joined Hall & Wilcox on 1 July 2017, after almost 30 years at Harris Wheeler, most recently as managing partner of the firm and supervising partner of the firm’s Commercial practice.

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Kelli has extensive experience in insurance, product liability, public liability and workers’ compensation having acted for more than 30 years on behalf of insurers (both domestic and international), corporations, government bodies and instrumentalities.

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Andrew practices in personal injury litigation on behalf of self insurers, employers, and WorkSafe Victoria and its agents, managing claims brought under the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

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Daniel is an experienced insurance lawyer with close to 20 years advising clients on insurance litigation...

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Ilona has more than 15 years’ experience with her practice focusing on both statutory and common law claims across both Victorian and Tasmanian workcover legislation

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Nicholas is a highly experienced lawyer who has concentrated on insurance law, particularly claims under the NSW statutory classes of insurance, for more than 20 years...

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Joanna has extensive experience advising and representing employers, self-insurers, NSW workers' compensation managed fund scheme agents, treasury managed fund agents and the Workers' Compensation Nominal Insurer (icare).

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Jacob is a member of Hall & Wilcox’s commercial dispute resolution team, practising predominantly in general commercial litigation.

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Adrian’s financial services law practice covers superannuation, managed funds, insurance, and financial advice...

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Ahranee advises insurers and corporates in the defence of public and product liability claims, both personal injury and property damage, as well as policy advice...

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Anton practices in all areas of insurance with a focus on workers’ compensation, medical treatment and public/property liability.

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Hector is a Partner in the Hall & Wilcox Litigation and dispute resolution team based in Perth. Hector has been practicing in the area of insolvency and dispute resolution since 1997...

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James specialises in estate and succession planning for ultra-high and high net worth clients. He also has experience in estate and trust disputes including cross-border succession issues and conflicts, tax planning and related advice to trust structures for Australian and UK non-residents and probate and estate administration.

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Emma has extensive experience in advising clients in estate planning and estate administration, trust establishment, and ongoing administration, trust estate disputes and structuring for succession of ownership and control of private and family businesses...

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Noel advises his clients on commercial disputes and related matters including banking and finance, insolvency, the Competition and Consumer Act 2010 (Cth), ASIC and other regulatory issues.

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John’s practice focuses on personal injury litigation management. He acts primarily for WorkSafe Victoria and is responsible for managing the delivery of quality common law and statutory benefits service and outcomes.

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Andrew has more than 35 years’ experience in superannuation, trusts, estate and succession planning...

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Keith is a key figure in tax advisory, having been in significant roles within the profession for over 20 years...

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  • Fluent in French - Conversational

Andrew has extensive experience in the provision of advice and conduct of litigation for insurers.

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Eileen's practice includes personal and business succession planning, probate and estate administration, trusts and self-managed superannuation funds and tax and related strategies related to estate and succession planning.

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In over 33 years in the profession, Steve has accumulated a wide range of skills and extensive experience in commercial law and in particular, in all aspects of real estate and property development.

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Nikki is an experienced litigator who advises CTP insurers, with her practice focused on helping clients defend CTP and major claims.

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Melinda is an experienced insurance litigator who helps insurers resolve CTP claims involving complex liability and quantum issues.

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Emma is a specialist insurance lawyer. She has over 10 years’ experience in insurance litigation with a specific focus on professional indemnity and medical liability claims.

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    Fluent in Arabic - Conversational

John has broad experience in financial services, funds management, blockchain, corporate and commercial law, with a particular emphasis on funds management related matters.

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Vince Battaglia is an experienced funds management and financial services practitioner.  He has worked in global and national law firms, as well as at ASIC.

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Melinda provides strategic and practical advice on a range of employment and industrial relations law issues...

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Bree has worked almost exclusively in Insurance and Risk since being admitted to the Supreme Court of Western Australia in 2004...

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  • Fluent in French - Conversational

Matthew is a general commercial lawyer with more than 18 years’ experience covering a range of areas of practice including private M&A, general commercial and corporate transactions, projects and advisory work, family succession arrangements, non-contentious employment matters, property, contracts and governanc

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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi vel viverra mauris, quis aliquet ipsum. Cras efficitur erat et purus bibendum, et bibendum nulla aliquet. More about David

Sauming is a specialist insurance lawyer with over 11 years’ civil litigation experience in personal injury and property damage.

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Rosena practices in insurance litigation: state compensation and liability claims (personal injury and property damage)...

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Michael is an experienced insurance litigator who helps insurers resolve CTP claims involving complex issues including liability issues, multi-defendant issues and detailed quantum assessments as well as relatives' claims.

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David is a commercial litigator with extensive insolvency and reconstruction experience, and expertise in property disputes.

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Nik advises on a broad range of property related transactions and disputes.  With over 17 years legal experience, he has acted for a variety of financial institutions, finance and investment companies, joint venture partners, property developers, private and public companies, government agencies and local councils.

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Iona has experience in assisting clients with both litigious and non-litigious employment and workplace relations matters.

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Lauren has extensive experience representing employers, insurers and self-insured entities in the management and defence of workers’ compensation claims.

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Jillian provides practical and commercially-minded advice to private and public sector employers on a wide range of labour and employment and privacy matters.

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With over 20 years’ experience in property law, Peter is one of the senior members of the firm's Property & Projects team...

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Kirrilee has more than 15 years' legal experience and acts on behalf of insurers in relation to catastrophic and complex personal injury claims...

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With more than 20 years of legal experience, Vicky specialises in representing clients in a wide range of commercial disputes across Australia...

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Jim has over 10 years’ experience providing taxation advice on a broad range of corporate and trust tax matters, with a particular focus on the banking and finance, government and property and construction sectors.

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Kristopher advises on all aspects of migration to Australia, with particular emphasis on employment-related migration...

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Emily specialises in property and leasing law, acting for a variety of clients in property, real estate and leasing transactions...

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Amber is an experienced insurance litigator who helps insurers resolve CTP claims involving complex liability issues, catastrophic injuries, multi-defendant issues and detailed quantum assessments as well as compensation to relative claims.

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Scott advises on a wide variety of corporate and commercial disputes and insolvency matters. His clients include those in a range of industry sectors, including insolvency practitioners, energy and resources, commercial property, financial services and intellectual property and technology.

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Carl is an experienced insurance litigator who helps insurers resolve CTP and major claims involving complex liability issues, dual insurance, detailed quantum assessments and fraud...

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Rachel has over 15 years of experience advising on tax law and specialises in stamp duties, land tax and other tax issues in all Australian states and territories.

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Katherine is a commercial litigation specialist with a focus on insolvency, contract litigation, construction disputes and the Personal Property Securities Act 2009 (PPSA).

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Elisabeth advises her clients on commercial litigation, international arbitration, corporate insolvency, claims arising from contraventions of the Corporations Act 2001 (Cth), financial product disputes, tax litigation, business crime and fraud.

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  • Fluent in Spanish

Since arriving in Australia Albert has worked on various types of commercial disputes, for a range of clients including the Greater Building Society, Newcastle Airport, Port Stephens Council and various engineering companies based in Newcastle and the Hunter Valley.

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Vanessa has worked in the area of insurance law, with a specific focus on workers compensation and personal injury insurance litigation since beginning her career as a paralegal in 1996...

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Mark has more than 16 years’ experience in advising on construction and infrastructure projects. He has acted for public and private organisations on social infrastructure projects including housing, schools, hospitals, primary care facilities and specialist disability care homes.

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Louise has provided advice in personal injuries law for over 20 years, to both plaintiffs and defendants...

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Graeme has a broad practice in commercial dispute resolution, conducting small to complex litigation in the Supreme and Federal Courts, and mediation.

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Megan specialises in corporate litigation, bankruptcy and insolvency, shareholder disputes, partnership disputes, contractual disputes, breach of confidence and restraint of trade, banking matters, and Australian Consumer Law.

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Rebecca has been working in the legal profession since 1998. Her practice has focussed on insurance litigation, predominantly workers’ compensation claims.

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Tanya is an insurance specialist and an Accredited Specialist in personal injury.  For close to 20 years, she has worked with insurers and self-insured corporations to resolve CTP and public liability claims, including major claims.

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Conrad has a broad range of commercial experience, particularly in the areas of mergers and acquisitions, restructures and business succession, insolvency, and Corporations Act 2001 (Cth) compliance.

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Bettina is a highly experienced insurance lawyer who defends claims on behalf of domestic and international insurers and corporations...

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Sean has practised in insurance litigation since 1992, acting on behalf of defendant insurers and self insured across the CTP, workers compensation and public liability regimes...

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Chris has 20 years of experience in health and medical law, delivering solutions to clients in the insurance and health sectors...

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Lauren has over 12 years’ experience, specialising in insurance litigation and practicing in the areas of workers compensation, compulsory third party and public liability claims...

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Anna has 10 years’ experience practising in property and projects. She has particular expertise in managing large volumes of conveyancing work for developers.

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Thomas is an experienced litigation lawyer with knowledge across a diverse range of litigation practice areas...

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Sam’s practice focuses on estate and succession planning...

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Krisha has 19 years’ workers compensation and common law experience with a particular focus on section 151Z indemnity claims.

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Taleen has significant experience in insurance litigation and advice in workers’ compensation and public liability matters in Western Australia and the Northern Territory...

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Amy practices in insurance litigation and personal injury law.

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Marisa’s practice focuses on common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

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Catherine is an experienced insurance lawyer who focuses on public liability and property damage claims.

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    Fluent in Italian - Conversational

Jacinta’s current practice includes direct and indirect taxes, business transactions, corporate restructuring, taxation disputes (including pre-audit, audit and litigation), the not-for-profit sector and trusts.

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James has more than 8 years of experience working across a broad range of general commercial transactions and arrangements, including acting in mergers, acquisitions and restructures and drafting general commercial agreements.

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David is an experienced employment and industrial relations lawyer. He acts for a range of local and global clients across a wide range of industries.

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Glenn is an experienced litigator practicing predominately in commercial litigation with a focus on corporate and personal insolvency...

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Barbara works with insurers on CTP and public liability insurance claims involving sensitive and complex matters, often involving multi-defendant and medical causation issues.

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Jessica’s practice concentrates on personal injury litigation management. Jessica focuses on achieving quality outcomes for her clients in worker’s compensation matters, including statutory benefits and common law claims under the Accident Compensation Act and the Workplace Injury Rehabilitation and Compensation Act...

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Ben has a broad knowledge across all disciplines of property, planning and construction and currently acts for clients in a wide range of matters in the firm’s Property & Projects practice.

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Elise's practice focuses on common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and common law claims brought pursuant to the Transport Accident Act 1986 (Vic).

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    Fluent in Bahasa Indonesia - Conversational

Anthony assists insurers to resolve CTP claims involving complex liability and quantum issues, fraud, catastrophic injuries, nervous shock, multi-defendant matters and administrative law challenges.

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Jane-Elise is an experienced insurance lawyer whose practise focuses on general liability. Her clients include international insurers and large self-insured corporations.

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Adam is an experienced tax lawyer, and advises clients on a range of matters including tax planning and structuring, Division 7A, the small business CGT concessions, corporate restructuring, professional firm structures, trust taxation, the taxation of settlements and cryptocurrency taxation.

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    Fluent in French - Conversational | German - Conversational

Elizabeth is a commercial litigation lawyer who specialises in corporate and commercial dispute resolution, with a particular focus on contractual disputes, consumer law, corporations and equity, real property disputes and insolvency.

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Jennifer has over 10 years’ experience in the insurance industry and has worked in both private practice and in house defending claims under the Personal Injuries Proceedings Act 2002 and the Workers Compensation and Rehabilitation Act 2003.

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Natasha acts for a variety of professionals in the defence of professional negligence and other claims arising out of purely economic loss, property damage, defamation, and alleged breaches of the Australian Consumer Law.

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Felicity is an experienced energy and resources and corporate lawyer, who specialises in general corporate and commercial matters, rail, infrastructure and energy and resources...

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Catherine's expertise include compulsory third party (CTP) and public liability claims, including major claims, section 151z recovery matters and defendant insurance litigation.

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  • Fluent in Bahasa Indonesia - Conversational

Belinda’s practice focuses on the litigation of common law claims brought pursuant to the Transport Accident Act 1986 (Vic) and common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

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  • Fluent in French - Conversational

Alexandra has experience acting on behalf of and advising both public and private sector clients in a broad range of industries including in the tertiary education, apprenticeship training and retail sectors.

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Sarah is an experienced employment and industrial relations lawyer.  Sarah acts for a range of local and global clients across a wide range of industries in both litigious and non-litigious employment and industrial relations matters.

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    Fluent in Macedonian

Diana specialises in personal injury law and insurance litigation.

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Kate has close to 10 years' experience specialising in succession law including wills, testamentary and discretionary trusts, protective trusts, powers of attorney, appointments of guardian advanced health directives and probate and letters of administration.

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Julian is an experienced senior litigator who has acted in high profile, complex and fiercely contested commercial litigation, public inquiries and investigations on behalf of companies, individuals (including members of parliament) and Government entities...

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Sarah has over 10 years’ experience in workers’ compensation and personal injuries claims. She has worked predominately on workers’ compensation matters in Queensland and more recently in the Western Australian jurisdiction

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Terri is an experienced insurance and litigation lawyer who has defended claims on behalf of domestic and international insurers for a decade...

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Katherine’s practice is predominantly in the area of general commercial dispute resolution and litigation and includes tax litigation and tax audit, contractual disputes, leasing disputes, restraint of trade injunctions, debt recovery, and insolvency and corporations matters.

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George has particular expertise in representing and advising insurers in relation to large scale litigation including class actions, indemnity disputes and insurance fraud claims, as well as public and product liability and professional indemnity claims.

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William specialises in private M&A and general commercial transactions and provides strategic advice on acquisitions, restructures and exits...

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Sheridan specialises in insurance litigation, with particular experience in complex claims and fraud...

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Ben’s practice focuses on common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

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Clare is passionate, practical and results-oriented employment lawyer who takes pride in providing commercially-minded advice, exceptional communication and effective problem-solving skills to all types of employment, industrial and safety issues.

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Jennifer has significant experience in general insurance litigation. Her experience includes public and product liability, property damage and compulsory third party insurance...

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Jamie is an experienced lawyer with her practice focusing primarily on CTP claims, in particular non-meritorious claims.

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Daniella’s practice focuses on common law and statutory benefit claims in all jurisdictions, where she continuously delivers quality results.

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Rachel is a tax lawyer specialising in direct taxes and tax disputes. Rachel’s areas of experience include advising on a variety of domestic and international tax laws...

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Kate has a broad practice, having experience in public and product liability, professional indemnity, fraud and policy interpretation...

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Holly provides advice and acts on behalf of insurers in a variety of CTP claims including advising on complex quantum and liability issues and representing insurers in the Local and District Courts and the Claims Assessment and Resolution Service.

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Mark has a broad range of experience in corporate and commercial practice areas, with a particular focus on the sports and media industries.

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  • Fluent in Cantonese - Conversational | Mandarin - conversational

Joey’s practice focuses on property acquisitions and sales, property due diligence, contract negotiations, commercial leasing, and foreign investments.

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Jeanette has over 10 years’ experience working in the Asia-Pacific region. She specialises in advising borrowers and financial institutions on bilateral and syndicated financing, as well as cross-border project financing.

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    Fluent in Mandarin - conversational

Tina is experienced in defending public and product liability claims in New South Wales and Queensland on behalf of domestic and international insurers.

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William is an experienced litigator with over 11 years’ experience in both Australia and overseas and currently practices in multiple Australian jurisdictions...

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Stacey has over 6 years’ experience in workers’ compensation law. In addition to her workers’ compensation practice, Stacey has specialised expertise in common law, public liability and asbestos claims.

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David’s practice is predominantly in commercial litigation and insolvency...

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Donna has approximately 20 years’ experience in alternative dispute resolution through her previous roles in the insurance and legal industry...

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Bianca’s commercial dispute resolution and litigation practice extends to include acting for entities and individuals in contractual disputes, high quantum intellectual property disputes, breach of confidence and restraint of trade matters, shareholder oppression claims, partnership disputes, estate disputes and large equitable disputes.

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Nina has 11 years’ broad experience as a commercial lawyer with a specialty in intellectual property and information technology law, and related areas of practice including privacy, data security and competition law.

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Amber has more than 12 years of experience in the legal insurance sphere, and has covered the field, working in State and Federal Government legal practices, private practice and in-house at WorkCover in 2011.

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Hamish is a commercial dispute resolution lawyer. His experience extends to applications for urgent relief, appellate matters and defence of class actions.

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  • Fluent in Bahasa Malaysia - Conversational | Hokkien | Mandarin - conversational

Victoria’s practice focuses on the common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

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With over fourteen years’ experience working in the NSW workers compensation area, Jenny is a highly skilled and proficient lawyer who defends statutory and common law workers compensation claims.

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Toniel’s practice focuses on general insurance advice and litigation. She manages complex and varied matters for a number of high profile insurers and private clients.

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Elisa's practice focuses on common law and statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and the Workplace Injury Rehabilitation and Compensation Act 2014 (Vic).

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Hannah practices in general insurance litigation with a particular focus on claims and risk...

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Rebecca's areas of expertise include the preparation of design and construction documents, and construction dispute advice and litigation...

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Jessica practices in employment and workplace relations law and provides strategic advice to clients across a range of industries.

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    Fluent in French - Conversational | Italian - Conversational | Mandarin - conversational

Pia is a Senior Associate in the Commercial Dispute Resolution team with experience across general commercial litigation, banking enforcement and insolvency...

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Markus’ practice focuses on statutory benefits claims brought pursuant to the Accident Compensation Act 1985 (Vic) and Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

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Martin specialises in insurance litigation, working with insurers on defending compulsory third party claims...

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Liz's practice focuses on state compensation and liability claims. She has developed particular expertise in identifying and managing complex and technical liability and state compensation claims, considering, analysing and providing commercial advice to both insurers and self-insured employers...

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Lauren specialises in resolving disputes, and works collaboratively with her team and with clients to provide strategic advice and success for the client...

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    Fluent in Japanese - Conversational

Kathryn advises and represents clients in a wide range of matters, including general commercial litigation, banking and finance litigation involving mortgages, guarantees and loan agreements, debt recovery and enforcement and corporate insolvency advice.

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Brandon is an experienced insurance litigator specialising in workers’ compensation, medical treatment liability and public liability claims.

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Mitch is an experienced insurance and litigation lawyer who has defended claims on behalf of insurer and private clients as well as state government departments.

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Zoe acts predominately for corporate clients and company directors in cases involving contractual disputes, fraud, corporations and equity matters, competition and consumer law...

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Bridget is an experienced insurance and litigation lawyer who has acted for leading Australian and international insurers and underwriters...

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Shane has a broad commercial and regulatory litigation practice, encompassing investment fund and trustee disputes, banking and company law, financial services, civil and commercial fraud, aviation, construction and infrastructure disputes.

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Belinda is an insurance lawyer with decades of experience over a range of jurisdictions. Belinda is an Accredited Specialist in Personal Injury Law...

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Daisy has extensive experience within the Common Law Workers’ Compensation area. She has also acted in public liability, product liability, medical negligence and CTP cases...

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Ebonie has worked in the area of insurance law since 2011. She has a specific interest in representing employers in workers compensation claims, with her practice encompassing both physical injury and psychological injury claims in both litigated and non-litigated advice matters.

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  • Fluent in Italian - Conversational

Melissa is an experienced insurance lawyer who focuses on advising major national insurers on CTP and public liability claims ranging from homeowners to small businesses.

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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi vel viverra mauris, quis aliquet ipsum. Cras efficitur erat et purus bibendum, et bibendum nulla aliquet. More about Geoff
    Fluent in Vietnamese - Conversational

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    Fluent in French - Conversational

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    Fluent in Bahasa Indonesia - Conversational | French - Conversational | German - Conversational | Spanish - Conversational

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    Fluent in Mandarin - conversational

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    Fluent in Italian - Conversational

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    Fluent in Bosnian - Conversational | Croatian - Conversational | Serbian

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    Fluent in German

Dr Wolfgang Babeck has more than 20 years’ experience as a corporate and commercial lawyer and is admitted in New South Wales, England & Wales and as Rechtsanwalt in Germany...

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Sumith Perera

Chief Operating Officer

Sumith is the Chief Operating Officer and the national Head of Corporate Services at Hall & Wilcox. He has over 20 years' experience in leading and managing teams at professional services firms.

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Peter is the Client Solutions Director at Hall & Wilcox where he drives their Smarter Law program and fosters innovation at the firm...

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Dean is the Head of Hall & Wilcox’s Finance team. He has over 15 years’ experience in finance within professional services firms.

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Katie is the Director of People & Culture for Hall & Wilcox. She has over 20 years’ experience in the legal industry.

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Melanie is the national head of Hall & Wilcox’s Business Development, Marketing & Communications team...

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Mike manages the Legal Excellence & Risk team at Hall & Wilcox and is responsible for the firm’s precedents, risk management and general counsel/company secretarial functions.

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    Fluent in Dutch - Conversational

Janneke is the operations manager and head of operations nationally at Hall & Wilcox. She has over 15 years’ experience in human resources and project management across a variety of industries, including professional services, IT, banking and utilities...

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    Fluent in Hindi

Pious is the IT manager and head of IT nationally at Hall & Wilcox. He has over 18 years’ experience as a senior IT executive with a proven track record in legal and government technology management sectors.

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Melinda is the national marketing and communications manager at Hall & Wilcox. She has more than 20 years’ experience as a journalist, content creator and marketing communications specialist at professional services firms.

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Thinking | Thu 03 2007

Corporate and Financial Services Reform Update March 2007

The first tranche of draft regulations was released for public consultation on 26 March 2007 as part of the Corporations and Financial Services Regulation Review process. Some key issues dealt with in the first round of draft regulations are set out below: Keeping Financial Services Guides and Product Disclosure Statements up to date Where there […]

Thinking | Mon 05 2007

Compensation Arrangements for Financial Services Providers

Yesterday the Parliamentary Secretary to the Treasurer (Chris Pearce), announced that regulations to complement section 912B of the Corporations Act 2001 (the Act) are expected to be made by 1 July 2007. The Act requires financial services licensees that provide financial services to retail clients to have in place appropriate compensation arrangements. The arrangements must either be approved […]