News | 5 Selborne

Peter Wood is appearing for Arrium’s deed administrators in NSW Supreme Court public examinations of individuals about its affairs.
5 Selborne associate member Philip Crutchfield QC is appearing for Arrium’s deed administrators in NSW Supreme Court public examinations of individuals about its affairs.
Peter Wood is appearing for Sirtex in Federal Court proceedings relating to its acquisition by Varian by scheme of arrangement.
Christopher Catt has presented at the Tax Institute’s NSW 11th Annual Tax Forum on freezing and restraining orders under the proceeds of crime legislation.
Nishad Kulkarni has presented to K&L Gates on Corporate Trustee Liquidations. The presentation covered key issues in light of recent developments, including Amerind ([2018] VSCA 41) and Killarnee ([2018] FCAFC 40).
Peter Wood has been listed in the Alternative Dispute Resolution, Bet-the-Company Litigation, Construction/Infrastructure Law and Litigation categories in Best Lawyers Australia (2019 Edition).
5 Selborne associate member Philip Crutchfield QC has been listed in the Alternative Dispute Resolution, Banking and Finance Law, Bet-the-Company Litigation, Class Action Litigation, Insolvency and Reorganization Law and Litigation categories in Best Lawyers Australia (2019 Edition). He has also been named Lawyer of the Year in Insolvency and Reorganization Law.
5 Selborne associate member Shane Doyle QC has been listed in the Bet-the-Company Litigation, Commercial Law, Competition Law, Construction/Infrastructure Law, Litigation and Oil & Gas Law categories in Best Lawyers Australia (2019 Edition). He has also been named Lawyer of the Year in Commercial Law.
5 Selborne associate member Philip Crutchfield QC is appearing for Herbert Smith Freehills in its dispute against United Petroleum in the Victorian Supreme Court.
Sheila Kaur-Bains and Michelle Hirschhorn have presented on the employment agency provisions in the Payroll Tax Act 2007 as part of Toongabbie Legal Centre’s Tax and Equity CLE at Ashurst.
Nishad Kulkarni has presented to Ashurst on Liquidation of Corporate Trustees. The presentation addressed key issues against the background of the recent judgments in Amerind ([2018] VSCA 41) and Killarnee ([2018] FCAFC 40).
5 Selborne associate member Christopher Hodgekiss SC’s annual Competition Law Conference took place in Sydney on 5 May 2018. This year’s speakers included distinguished Federal Court Judge The Honourable Justice Lindsay Foster and leading competition law practitioners.
Nishad Kulkarni has presented to Arnold Bloch Leibler on the topic Key Issues in the Liquidation of Corporate Trustees. The presentation addressed new developments, including the recent Amerind appeal ([2018] VSCA 41).
5 Selborne associate member Philip Crutchfield QC is appearing for AMP in the Financial Services Royal Commission.
Peter Wood has been listed in Band 1 for Dispute Resolution in Chambers and Partners Asia-Pacific 2018.
5 Selborne associate member Philip Crutchfield QC has been listed as a leading silk for Dispute Resolution and Restructuring/Insolvency (Band 1) in Chambers and Partners Asia-Pacific 2018.
5 Selborne associate member Shane Doyle QC has been listed as a leading silk for Dispute Resolution (Band 1), Construction & Infrastructure (Band 1) and Restructuring/Insolvency (Band 1) in Chambers and Partners Asia-Pacific 2018.
Christopher Barry QC is appearing for families in the Federal Court class action against Malaysian Airlines in relation to the aircraft shot down over Ukraine.
5 Selborne associate member Philip Crutchfield QC is appearing for ASIC in the Federal Court bank bill swap rate proceedings against Westpac.
Gregory Drew is appearing for customers in the recently commenced class action against Westpac in the Federal Court, which concerns insurance products obtained in connection with financial advisers at Westpac, St George Bank, Bank of Melbourne, BankSA and BT Advice.
5 Selborne hosted an Open Chambers Event for delegates of the International Bar Association conference in Sydney, with presentations on recent developments in international tax law and financial services class actions in Australia.
Sheila Kaur-Bains has been listed in Women in Tax Leaders (3rd edition) in the International Tax Review.
Michelle Hirschhorn has been listed in Leading Tax Barristers – NSW in Doyle’s Guide for 2017.
John Hyde Page has been listed in Leading Tax Barristers – NSW in Doyle’s Guide for 2017.
Peter Fraser has presented to the Gunn Club on the topic “Has the High Court decision in Bywater Investments Ltd v Commissioner of Taxation changed the law regarding corporate tax residency?”. The presentation addressed how auditors might now approach the issue of corporate residency, especially in relation to foreign subsidiaries of Australian multinationals.
5 Selborne associate member Shane Doyle QC has been shortlisted as a finalist for Barrister of the Year in Lawyers Weekly Australian Law Awards 2017.
5 Selborne welcomes John Maconachie QC to chambers. John is a recognised leader of the Australian Bar. He has appeared in the Privy Council and at all other levels of the Australian court system. John’s considerable common law and commissions of inquiry expertise will add to 5 Selborne’s substantial strength in those areas.
Michelle Hirschhorn and Fiona McNeil were among the external presenters at the Australian Taxation Office and spoke on the topic “Is there really a loan?”, discussing recent cases including Commissioner of Taxation v Normandy Finance and Investments Asia Pty Ltd [2016] FCAFC 180 and Millar v Commissioner of Taxation [2016] FCAFC 94.
Sheila Kaur-Bains’ article “Primary production exemption for land tax” has been published in the March edition of the Tax Institute journal, Taxation in Australia. It discusses Chief Commissioner of State Revenue v Metricon Qld Pty Ltd [2017] NSWCA 11 and propounds an alternative construction of “land” for the purposes of applying the exemption.
Michelle Hirschhorn has presented to a Women in Tax discussion group hosted by Minter Ellison on the topic “Is your tax position based on rock or sand – proving the facts and assumptions of a tax position”. The presentation focused on the practical aspects that arise in cases relating to ordinary income/capital, statutory income provisions, Part IVA and valuation.
The Honourable Ian Vitaly Gzell, a former Justice of the NSW Supreme Court, Queen’s Counsel and 5 Selborne Head of Chambers, has been appointed a Member of the Order of Australia for significant service to the judiciary, to estate and trust law, to the advancement of professional development and to the performing arts.
Benjamin Zipser has co-authored the leading practitioner text, Professional Liability in Australia (3rd edition).

Recent cases

Benjamin Zipser appeared for the successful plaintiffs in complex NSW Supreme Court real property litigation ([2017] NSWSC 446; [2017] NSWSC 583; [2018] NSWSC 381; [2018] NSWSC 566; [2018] NSWSC 567; [2018] NSWSC 1063), which concerned issues of fraud, specific performance, caveats, restraints against the Registrar-General and possession.
Benjamin Zipser appeared pro bono for the successful applicant in Maioha v Minister for Immigration and Border Protection [2018] FCA 1016, which concerned judicial review of the Minister’s cancellation of a New Zealand citizen’s visa on character grounds.
Michelle Hirschhorn appeared for the successful applicant in Australian Workers’ Union v BlueScope Steel (AIS) Pty Ltd [2018] FCA 80, which concerned superannuation entitlements of employees under various awards and enterprise agreements.
Christopher Palmer appeared for the successful applicant in Lets Go Adventures Pty Ltd v Barrett [2018] NSWCA 2, which concerned post-appeal asset freezing and disclosure orders.
Benjamin Zipser represented the successful applicant in the High Court’s grant of special leave to appeal ([2017] HCATrans 259) from the Full Federal Court’s decision in Hossain v Minister for Immigration and Border Protection [2017] FCAFC 82. Further details of the case can be found here.
Christopher Palmer appeared for the successful applicant in Zaki v Better Buildings Constructions Pty Ltd [2017] NSWSC 1522, the first NSW Supreme Court authority applying the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW). The decision concerned joining an insurer to proceedings and the onus in relation to time limitations.
Christopher Palmer appeared for the successful plaintiff in Brannigan v Smith [2017] NSWSC 1201; (2017) 18 BPR 37,193, which concerned an agreement containing an option to purchase real property and the exercise of the option.
Peter Wood appeared for Harris Farm in Woolworths Ltd v About Life Pty Ltd [2017] NSWSC 1117, which concerned competing claims to a lease in Double Bay.
Peter Wood appeared for Ares Management LP and Ascribe II Investments LLC in In the matter of Boart Longyear Ltd (No 2) [2017] NSWSC 1105 in support of Boart Longyear Limited’s application for approval of altered schemes of arrangement pursuant to section 411 of the Corporations Act 2001 (Cth).
Sheila Kaur-Bains appeared for the successful Chief Commissioner in Chief Commissioner of State Revenue v Smeaton Grange Holdings Pty Ltd [2017] NSWCA 184, which concerned the effect of disclaimers by an object of a discretionary trust on the operation of the grouping provisions in the Payroll Tax Act 2007 (NSW).
Christopher Palmer represented the successful first respondent in the High Court’s disposition of an application for special leave to appeal ([2017] HCASL 119) from the NSW Court of Appeal’s latest word on contractual construction and Sanderson Orders, Zhang v ROC Services (NSW) Pty Ltd; NTI Ltd v Zhang [2016] NSWCA 370; (2016) 93 NSWLR 561. Christopher appeared for the successful first respondent in the NSW Court of Appeal and at trial in the NSW Supreme Court.
Mark Auld appeared for the successful respondents in Lan v Kaymet Corporation Pty Ltd [2017] NSWCA 52, which concerned assessment of the compensation to be awarded pursuant to the usual undertaking as to damages.
John Hyde Page appeared for the successful administrators in One Steel Manufacturing Pty Ltd (administrators appointed) [2017] NSWSC 21, which concerned defective registration under the Personal Property Securities Act 2009 (Cth).
Nishad Kulkarni appeared successfully against senior counsel in Commissioner for the AFP v Agius [2016] NSWSC 1695, which concerned whether a proposed transfer of mortgage would contravene a restraining order made under the Proceeds of Crime Act 2002 (Cth).