Jennifer English LLB (Hons Class 1) (The University of Sydney), 2004 BEc (Soc Sci) (The University of Sydney), 2003 Principal areas of practice Previous professional experience Telephone +61 2 8224 3085 Fax +61 2 8023 9501 Email [email protected] Admitted to the legal profession 2006 Admitted as a barrister in NSW 2008 Also entitled to practise in All Australian jurisdictions (Commonwealth, State and Territory) Banking and financial services Insurance and reinsurance Commercial law Property Corporations and securities Trade Practices and competition Equity Trusts Tipstaﬀ to the Honourable Justice Hammerschlag, Equity Division – Commercial and Corporations Lists, Supreme Court of New South Wales (2007-2008) ! Solicitor, Minter Ellison Lawyers – Corporate/Financial Services, Banking and Litigation Divisions (2005-2007) Head Associate Lecturer in Commercial Law, The University of Sydney (2005) Professional memberships New South Wales Bar Association Institute of Arbitrators & Mediators Australia Commercial Law Association of Australia Additional information Fluent in Spanish Selected Cases Supreme Court of NSW and Federal Court of Australia • Graphite Energy Pty Ltd & Anor v Lloyd Energy Systems Pty Ltd (subject to Deed of Company Arrangement) & Anor (ongoing, 2014) – led by M Condon SC for plaintiﬀs in multi million dollar Supreme Court proceedings concerning alleged breaches of negative pledges under loan agreements and alleged breaches under a deed of deferral. • Swiss Re International SE v Fabcot Pty Ltd (ongoing, 2014) – led by M Condon SC for plaintiﬀ in Supreme Court proceedings concerning alleged fraudulent/ unconscionable conduct with respect to demands made under unconditional commercial insurance bonds. • Saravinovski v Saravinovski; Saravinovksa v Saravinovski (ongoing, 2014) – led by E A Cheeseman SC in Supreme Court proceedings involving the enforcement of a mortgage, a proprietary estoppel and constructive trust claim and a claim brought under the Property (Relationships) Act 1984 (NSW). • Kevin Prakoonheang as Public Officer of the Wat Buddhalavarn Incorporated v The Venerable Thongsoun Phantha-Oudom, Abbot of the Wat Buddhalavarn Monastery & Ors (ongoing, 2014) – led by M Condon SC for defendants in Supreme Court proceedings in relation to the validity of the dismissal and appointment of the public oﬃcer and management committee of the Wat Buddhalavarn Incorporated. • Meadley Family Super Pty Ltd as Trustee for Meadley Family Superannuation Fund & Anor v Macquarie Life Ltd (settled, 2014) – led by R Cavanagh SC for defendant in multi million dollar Supreme Court proceedings concerning a claim for payment and alleged non-disclosure under a policy of life insurance. • Slobodan Prso v St George Life Ltd (settled, 2014) – led by R Cavanagh SC for defendant in Supreme Court proceedings involving a claim for payment and alleged non-disclosure under a policy of life insurance and a cross-claim for restitution arising from payments made under mistake. • HM&O Investments Pty Ltd & Anor v Ingram & Anor  NSWSC 958 – led by G Curtin SC for defendants in multi million dollar proceedings concerning allegations of misleading and deceptive conduct with respect to the sale of a business and compliance of the business’ products with Australian Standards. • HM&O Investments Pty Ltd & Anor v Ingram & Anor  NSWSC 684 – unled for defendants in interlocutory dispute concerning plaintiﬀs’ application to lead further evidence after case on liability concluded. • ASIC v Storm Financial Limited & Ors (2012, judgment reserved) – led by A J Myers QC and others for ASIC in Federal Court proceedings relating to alleged contraventions of s 601ED of the Corporations Act 2001 (Cth) (operation of an unregistered managed investment scheme) and alleged knowing involvement of various banks in same. • Manglicmot v Commonwealth Bank Officers Superannuation Corporation  NSWCA 204 – led by A G Bell SC for respondent trustee of superannuation fund in proceedings involving allegations of breach of trust and obligations arising under the Superannuation Industry (Supervision) Act 1993 (Cth). • Manglicmot v Commonwealth Bank Officers Superannuation Corporation  NSWSC 363 – led by A G Bell SC for respondent trustee of superannuation fund in proceedings involving allegations of breach of trust and obligations arising under the Superannuation Industry (Supervision) Act. • In the Matter of SNL Group Pty Ltd (In Liq); Su v SNL Group Pty Ltd (In Liq)  NSWSC 797 – unled for respondent liquidator in application to terminate a winding up. • Nguyen v Kaha  NSWSC 794 – unled for plaintiﬀ lender seeking declaration that lender had caveatable interest and an order under s74O of the Real Property Act 1900 (NSW). • John Melluish as Trustee of the Bankrupt Estate of Graeme Henry Tagget v Taco Properties Pty Ltd & Ors (settled, 2008) – led by C R C Newlinds SC for applicant in Federal Court proceedings concerning undervalued transactions and transactions to defeat creditors. • Ines v Commonwealth Bank of Australia  FCA 1608 – led by D McLure for respondent bank in proceedings concerning allegations of misleading and deceptive conduct and unconscionable conduct in relation to the granting of a loan. ! District Court of NSW • Al Shokaan v ACN 088 663 272 Pty Ltd (ongoing, 2014) – unled for defendant (insurer) in personal injury claim. • Pritchard v Westpac Life Insurance Services Ltd (2012, settled) – led by R Cavanagh for defendant in proceedings involving a claim for payment under an income protection insurance policy and a cross-claim for restitution arising from payments made under mistake. ! Investigations, examinations, references and other hearings • ASIC v Tiwary & Tripathi (ongoing, 2014) – led by TS Hale SC for defendants in a hearing before an ASIC delegate in relation to the disqualification of directors under s 206F of the Corporations Act 2001 (Cth) and the banning of the defendants from providing financial services under s 920A of the Corporations Act. • HM&O Investments Pty Ltd & Anor v Ingram & Anor (2011, reference before Peter Taylor SC) – led by G Curtin SC for the defendants at a reference concerning the question of the compliance of the business’ products with Australian Standards. • Acting for ASIC in relation to the long-running investigation into the collapse of Storm Financial Limited including appearing unled for ASIC in a large number of examinations of senior bank oﬃcers in hearings under s 19 of the ASIC Act 2001 (Cth) (2009 - 2010). • Appearing unled for a number of retailers and landlords in retail tenancy disputes in the Administrative Decisions Tribunal (all have settled).
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