Andy Munro Barrister | Wardell Chambers Sydney

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munro@wardellchambers.com.au

With a broad range of experience in civil, commercial and consumer litigation, Andrew was called to the Bar following many years of practising as a solicitor in Sydney and Coffs Harbour.
Possessing extensive experience in superior and inferior Courts, including appellate Courts, as well as all levels of Tribunals, Andrew accepts briefs to appear in all Australian Courts and Tribunals, including regional and remote locations across New South Wales and interstate. His client base typically consists of both individuals and corporations.
The broad suite of matters in which he is briefed includes commercial and general litigation, corporations, trade practices and consumer law, trusts, estate litigation, probate and wills disputes, franchising, equity, professional negligence, rural and farming litigation, building disputes, nuisance, small claims and debt recovery. Andrew has also been briefed, and has a keen interest, in niche areas such as strata disputes and defamation.
With his broad-based background and prior experience as a Principal Lawyer (and previously Senior Associate) at Slater & Gordon Lawyers where he practised for almost 15 years, Andrew has acquired extensive litigation experience and is commended for his flexible and adaptable approach to matters. He holds a Bachelor of Laws degree from the University of Waikato in New Zealand and a Graduate Diploma in Legal Practice from the College of Law of New South Wales. He is also qualified to practise in England and Wales.
ADMISSIONS TO PRACTICE
  • 2018   Called to the Bar of New South Wales
  • 2014    Notary Public, Supreme Court of New South Wales
  • 2006   Admitted as a Solicitor of the High Court of Australia
  • 2005    Admitted as a Solicitor of England and Wales
  • 2002    Admitted as a Solicitor of New South Wales
PROFESSIONAL QUALIFICATIONS
  • 2014 – 2018  Notary Public, College of Law NSW, Sydney, Australia
  • 2008 – 2018  Accredited Specialist in Commercial Litigation, NSW Law Society, Sydney, Australia
  • 2004     Qualified Lawyer Transition Test, London, England
  • 2002    Graduate Diploma in Legal Practice, College of Law NSW, Australia
  • 1995    Bachelor of Laws, University of Waikato, School of Law, Hamilton, New Zealand
PROFESSIONAL EXPERIENCE
  • 2018–present  Barrister,WardellChambers
  • 2005 – 2018   Principal Lawyer, Slater & Gordon Lawyers, Sydney and Coffs Harbour
  • 2004–2005   Solicitor,Kirby Simcox, England
  • 2001 – 2004   Solicitor,  Slater & Gordon Lawyers, Sydney and Coffs Harbour
PROFESSIONAL MEMBERSHIPS
  • Member,New South Wales Bar Association
PUBLICATIONS
  • Shifting the blame – Coffs Coast Advocate: 27 November 2013
  • Beware the devil in the detail – Coffs Coast Advocate: 20 November 2013
  • Rejecting “pressing need” in qualified privilege – NSW Law Society Journal: July 2011
  • Is it truly organic? A new regime for organic and biodynamic products – NSW Law Society Journal: April 2010
SPEAKING ENGAGEMENTS
  • Complete Litigation Funding Solutions – ETC Business Leaders Conference, Coffs Harbour: September 2016
  • Four Fast Facts – ETC Business Leaders Conference, Coffs Harbour: November 2013
  • Practicing law in rural and regional areas: from a plaintiff’s perspective – Rural & Regional Law andJustice Conference, Coffs Harbour: May 2012
  • The top 10 reasons for delay in commercial litigation – NSW State Legal Conference: August 2011
SELECT CASES (as a 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] SWCA 287 – Dispute under Contract for Sale of Business; Misrepresentation; breach of warranties; Non-payment of fees under a consultancy agreement; vendor finance
  • Rothe v Scott (No. 4) [2016] NSWDC 160 – Defamation: publication on Facebook; identification; 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; 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 estoppels; 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; 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