Andy Munro Barrister | Wardell Chambers Sydney

munro@wardellchambers.com.au


BACKGROUND

 

With a breadth of experience across a range of civil, commercial and consumer litigation, Andy comes to the Bar after many years practicing as a solicitor.

Andy has court experience across all levels of tribunals, inferior and superior courts, and appellate courts. He accepts briefs to appear in all Australian courts and tribunals, including regional and remote locations across NSW and other states and territories.


QUALIFICATIONS

  •  2018 Called to the Bar
  • 2014 Notary Public, Supreme Court of NSW, Australia
  • 2006 Solicitor, High Court of Australia
  • 2005 Solicitor, Supreme Court of England and Wales
  • 2002 Solicitor, Supreme Court of NSW, Australia

EDUCATION

  • 2014 Notary Public, College of Law, NSW, Australia
  • 2008 Accredited Specialist in Commercial Litigation, NSW Law Society, Australia
  • 2004 QLTT, College of Law, London, England
  • 2001-2002 Graduate Diploma in Legal Practice, College of Law NSW, Australia
  • 1991-1994 LLB, University of Waikato, School of Law, Hamilton, NZ

WORK EXPERIENCE

 2001 to 20042005 to 2018            Slater & Gordon Lawyers, Sydney & Coffs Harbour Areas of experience:
  • Commercial and general litigation
  • Defamation
  • Corporations, trade practices & consumer law
  • Trusts, corporate advice & structuring
  • Estate litigation & will disputes
  • Contract, franchising & equity
  • Intellectual property & insolvency
  • Professional negligence
  • Rural & farming litigation
  • Nuisance, small claims & debt recovery
 2004 to 2005                Kirby Simcox, Bristol, England Areas of experience:
  • Professional negligence
  • Small business advice
  • Contract  & business disputes
  • Neighbour/boundary disputes & nuisance
  • Dilapidation claims
  • Debt recovery
  • Personal injury

PUBLICATIONS & PRESENTATIONS

  • 19 Sep 2016                 “Complete Litigation Funding Solutions”, ETC Business Leaders, Coffs Harbour
  • 27 Nov 2013                 “Four Fast Facts”, ETC Business Leaders, Coffs Harbour
  • 27 Nov 2013                 “Shifting the blame”, Coffs Coast Advocate
  • 20 Nov 2013                 “Beware the devil in the detail”, Coffs Coast Advocate
  • 19 May 2012                 “Practicing law in rural & regional areas: from the plaintiff’s perspective”, Rural & Regional Law and Justice Conference, Coffs Harbour
  • 30 Aug 2011                 “The top 10 reasons for delay in commercial litigation”, NSW State Legal Conference, Sydney
  • July 2011                      “Rejecting 'pressing need' in qualified privilege” NSW Law Society Journal
  • April 2010                      “Is it truly organic? A new regime for organic and biodynamic products” NSW Law Society Journal

CASE HIGHLIGHTS (as solicitor)

 Vaa v Barakat [2017] NSWDC 300
  • Defamation: publication by poster inside shop window
  • Defences of justification, common law qualified privilege, honest opinion
 Davis v The Owners – Strata Plan No 63429 [2017] NSWCATCD 7
  • Appeal from Adjudicator’s decision
  • Failure of Owners Corporation to maintain and repair common property
  • Analysis of Strata Schemes Management Act; common property; expert evidence
Business Custodians Ltd v Upintheair Pty Ltd (formerly Coffs Colour Printers Pty Ltd) [2015] NSWDC 249; [2016] NSWCA 287
  • Dispute under Contract for Sale of Business
  • Misrepresentation of trading figures; breach of warranties
  • Non-payment of fees under a consultancy agreement; vendor finance
  • Interpretation of pleadings
Rothe v Scott (No. 4) [2016] NSWDC 160
  • Defamation: publication on Facebook; plaintiff not named; identification issue; extent of publication
  • Defences of qualified privilege, honest opinion, triviality
  • Award of damage, aggravated damages, indemnity costs
Re Estate of Currie, Late of Balmain [2015] NSWSC 1098
  • Application for letters of administration (intestacy)
  • Whether computer document intended to operate as deceased's will
  • Testamentary intention
  • Family provision proceedings; close personal relationship
Broome v Great Lakes Council [2014] NSWCATAD 154
  • Administrative Law, review of decision of an agency (Council)
  • Impounding of cattle
  • Interpretation of The Impounding Act 1993 and Rural Lands Protection Act 1998
In the Matter of Ledir Enterprises Pty Ltd [2013] NSWSC 1332
  • Corporations: Share capital and interpretation of voting rights attached to relevant shares; directors duties and liabilities
  • Representational or conventional estoppel
  • Equitable fraud; unjust enrichment
  • Oppression of minority shareholder
Mundine v Brown & APN (No 6) [2010] NSWSC 1285; [2012] NSWCA 195; [2012] HCATrans 362
  • Defamation proceedings: NSW Supreme Court, Court of Appeal, and High Court (special leave application)
  • Publication in which plaintiff not named in article
  • Defence of common law qualified privilege
  • Assessment of damages for hurt to feelings and loss of reputation
Gauld v Obsidian Holdings Pty Ltd [2009] NSWSC 924
  • Multi-party proceedings concerning real property, strata and cluster titles
  • ‘Off the plan’ contracts; failure to register the strata plan by sunset date
  • Application for recovery of deposits paid under contracts
  • Obligation on vendor to use all reasonable endeavours to register strata plan
Aboud v Aboud [2009] NSWDC 183
  • Removal of goods (household effects); breach of duties as bailee
  • Detinue action against respondent
  • Whether goods gifted to respondent, interpretation of donative intention and delivery
  • Whether gifts perfected at law
Vella v Permanent Mortgages Pty Ltd [2008] NSWSC 505; Vella v Australia and New Zealand Banking Group Ltd [2008] NSWSC 513; Vella v Mitchell Morgan Nominees Pty Ltd [2008] NSWSC 511
  • Multi-party; real property, conveyancing and mortgage fraud
  • Banking and finance, and the action of finance brokers
  • Breach by a bank of compliance with its mandate
  • Consequential losses
  • Professional negligence
  • Fraudulent misrepresentation and false and misleading conduct
  • Restoration of title
Taylor v Telstra Corporation Ltd [2007] FCA 2008
  • Class action: representative proceedings alleging failure to disclose market sensitive information
  • Alleged breach of continuous disclosure obligations under the Corporations Act and ASX Listing Rules
  • Approval of settlement by Court
Talbot v Nationwide News Pty Ltd [2006] NSWDC 59
  • Defamation
  • Defence of comment
  • Assessment of damages