Neville Morcombe QC practises in all areas of civil and commercial litigation and administrative law, and has extensive experience in banking, insurance, disciplinary matters, and coronial inquests and boards of inquiry.

He also accepts briefs to act as a mediator and arbitrator. In the latter respect, he has been graded Level 1 by IAMA.

Neville was admitted as a barrister and solicitor in the Supreme Court of South Australia in 1971, and was appointed Queens Counsel in 1991.

Notable matters and appointments include: 

  • Acting for a major Australian bank in a number of actions in relation to complex debt recoveries.
  • Colonel, Australian Army Legal Corps.
  • Counsel Assisting in three Military Inquiries, one in the USA, one in Malaysia, and one in Queensland.
  • Defence Force Magistrate and Judge Advocate from 1989 to 2007.
  • Member of the Legal Practitioners Disciplinary Tribunal (SA) from 1995 to 2010, the last six years as Presiding Member.
  • President of the Law Society of South Australia from 1991 to 1992.

Neville is a member of the South Australian Bar Association, the Law Society of South Australia, and JusticeNet (SA).

Further Information

E:nmorcombe@edmundbartonchambers.com.au

Neville Morcombe QC Curriculum Vitae

Link to SA Bar Profile

Stephen Walsh QC practises as a mediator, arbitrator and facilitator. He has a national reputation in the area, regularly undertaking alternate dispute resolution across Australia. He has chambers in Sydney, Adelaide and Darwin.

He has conducted in excess of 1,800 mediations since 1993. He mediates disputes in all fields, including commercial disputes, insurance, building and construction matters, equity, common law, professional and product liability, and deceased estates.

Stephen also undertakes arbitrations, having been graded as Grade 1 by IAMA. He also conducts expert determinations, and has a particular interest in other novel or hybrid forms of ADR, particularly in cases of continuing commercial relationships.

In addition to his ADR practice, Stephen regularly appears in superior courts across Australia in most areas of civil law, with particular emphasis on insurance, complex personal injury, civil litigation and liquor licensing matters.

Stephen was admitted in 1973 and appointed Queens Counsel in 1992. He was President of the Law Society of South Australia in 1992-1993.

Stephen is a member of the NSW Bar Association, the South Australian Bar Association and the Law Society of South Australia.

Further Information

E: swalsh@edmundbartonchambers.com.au or clerk@edmundbartonchambers.com.au or clerk@ebc44.com

Stephen Walsh QC Curriculum Vitae

Link to SA Bar Profile

Scott Henchliffe SC was admitted as barrister and solicitor in 1991 and has practiced solely as a barrister since 2004.

He joined Edmund Barton Chambers in 2005 and was appointed Senior Counsel in 2016.

Scott practices primarily in the areas of criminal law, disciplinary proceedings and civil litigation.

His civil practice includes administrative law, coronial inquests, insurance, occupational health and safety and professional negligence. 

Scott has a significant appellate practice.

Scott was recognised in the 2017 and again in the 2018 Doyle's Guide as a recommended senior counsel practising Criminal Law in South Australia by the state's Criminal Law solicitors and fellow counsel for his expertise and abilities in the area.

Further Information

E: shenchliffe@edmundbartonchambers.com.au

Scott Henchliffe Curriculum Vitae

Link to SA Bar Profile

Martin Anders was recognised in the 2017 and again in 2018 Doyle's Guide as a leading junior counsel practising Criminal Law in South Australia by the state's Criminal Law solicitors and fellow counsel for his expertise and abilities in the area.

Martin Anders practises in the area of criminal law, undertaking both trial and appeal matters, as well as disciplinary and regulatory proceedings. He also appears in coronial inquests and commissions of inquiry, and accepts briefs in respect of most areas of civil law.

He is a highly experienced trial advocate, regularly appearing as a defence counsel in the District Court of South Australia and the Supreme Court of South Australia in matters involving charges of serious violence, murders, complex fraud, white collar and corporate crime. He also regularly appears as both lead and junior counsel in the Court of Criminal Appeal. 

Martin was admitted to practice in 1996, and joined the independent bar in 2007. He has formerly worked as a Crown Prosecutor at the Office of the Director of Public Prosecutions, Adelaide, and served for a period of time in that role with RAMSI, the Regional Assistance Mission to the Solomons Islands.

He is a member of the South Australian Bar Association, the Law Society of South Australia and JusticeNet (SA).

Further Information

E: manders@edmundbartonchambers.com.au

Link to SA Bar Profile

Stephen Apps signed the Bar Roll in 1987.

Areas of Practice

  • Common Law/Personal Injury
  • Criminal Law
  • Wills, Trusts & Estates

Further Information

E: sdapps@edmundbartonchambers.com.au

Link to SA Bar Profile

Heath Barklay was admitted to practice in 1997 and signed the Bar Roll in 2011. 

Heath was recognised in 2015 and 2016 Doyle's Guide as leading junior counsel, and in 2017 and again in 2018 Doyle's Guide as a
pre-eminent junior counsel practising Criminal Law in South Australia by the state's Criminal Law solicitors and fellow counsel for his expertise and abilities in the area.  

Areas of Practice

Criminal

  • Criminal

Public/Administrative

  • Disciplinary Proceedings
  • Inquests and Inquiries

Further Information

E: hbarklay@edmundbartonchambers.com.au

Link to SA Bar Profile

David Crocker signed the Bar Roll on 1 October 2003.  In 1996 he was Associate to Justice Duggan and was admitted to practice after completing articles with Mallesons Stephen Jaques (as it then was) in Melbourne in 1997.

David has a general commercial and civil litigation practice, with a particular interest and experience in probate and estate litigation, defamation and building/construction disputes. 

Since 2016 David has been recommended by Doyle’s Guide and in 2018 he was recommended as pre-eminent junior counsel in South Australia for his expertise and abilities in wills and estates litigation, disputes and contested matters. He is currently enrolled in a LLM (Wills & Estates) program through the NSW College of Law (expected to complete 2019).  

He recently has advised and appeared in Supreme Court and District Court matters involving defamation, rectification of a will, a challenge to testamentary capacity; claims for Inheritance Family Provision, and a property transfer intended to defraud unsecured creditors.  David was involved in litigation concerning the construction of Adelaide's desalination plant.  He was an Investigator for the Mullighan Inquiry into Children in State Care Commission of Inquiry and a Senior Investigator for the Children on the APY Lands Commission of Inquiry into Sexual Abuse.  He also lectures in the Graduate Diploma in Legal Practice course and previously has tutored in Legal Research, Civil Procedure, and Advocacy & Evidence at the University of Adelaide.  Whilst working for Mallesons, he tutored in Constitutional and Administrative Law at Newman College, University of Melbourne.

In a previous life, David was a newspaper journalist working in Adelaide, Melbourne and for The Times, London.  He is now a reporter for the Australian Succession & Trust Law Reports.  He has presented a paper to the State conference of the Australian Lawyers’ Alliance on the Defamation Act and during his law studies he also was an assistant editor, Corporate and Business Law Journal, University of Adelaide, and an editorial committee member of the Adelaide Law Review.

Further Information

E:  dcrocker@edmundbartonchambers.com.au

David Crocker Curriculum Vitae

Link to SA Bar Profile

Candida joined the Bar in 2015 and accepts briefs in all areas of civil litigation, including:

  • Professional indemnity
  • Public Liability
  • Product Liability
  • Insurance Law, policy coverage and indemnity issues
  • Defamation
  • Media Law
  • Personal Injury
  • Coronial Inquests

In the military law arena, Candida has defended members charged under the Defence Force Discipline Act or facing administrative action. Her military experience gives her a sound understanding of Commonwealth processes and the approach that the Commonwealth takes to litigation.

In 2016 Candida was appointed a Sessional Ordinary Member of the South Australian Civil and Administrative Tribunal.

Candida Brebner D'Arcy has been a legal practitioner for 25 years and has particular expertise in disputes involving insurers, and in defamation law. She has an excellent track record in appearing in arguments regarding suppression orders.

Selected Experience

  • Partner, Minter Ellison
  • Advokat, HammarskiÖld & Co, Stockholm, Sweden
  • Squadron Leader, Royal Australian Air Force Specialist Reserve - Legal Officer

Education

Australian National University

  • Bachelor of Laws (Honours)
  • Bachelor of Arts (Honours)
  • Graduate Diploma Military Law
  • Graduate Diploma Advanced Military Law

University of Adelaide

  • Master of Laws (General Studies)

Notable Cases

Supreme Court

  • RG & RT Trott Pty Ltd & Anor v A&G Engineering Pty Ltd & Ors

District Court 

  • Evans & Evans v L Wynne & Co & Ors

As a solicitor:

Supreme Court

  • Viscariello v Macks
  • University of Adelaide v Catcon, Bestec & Ors
  • Cannon v Atkinson

District Court 

  • Easling v Rankine
  • Abernethy v Advertiser Newspapers
  • Shams v Commonwealth, G4S & Anor
  • Heidari v Commonwealth, G4S & Anor

Federal Court

  • Toyota Motor Corp & Ors v Carnival plc
  • De Poi v Hillross Financial Services & Ors

Further Information

E: cdarcy@edmundbartonchambers.com.au

Link to SA Bar Profile

Tony Hurren is a barrister of the South Australian Bar.

Areas of Practice

  • Commercial Litigation
     
  • Construction
     
  • Industrial & Employment
     
  • Insolvency & Reconstruction
     
  • Wills, Trusts & Estates

Further Information

E: thurren@edmundbartonchambers.com.au

 

Chad Jacobi is a barrister practising principally in public, employment, criminal law (particularly regulatory crime) and general civil matters.  He has particular interest and experience in appellate work and in inquiries.

He practises in Adelaide as a member of Edmund Barton Chambers and in Darwin, as a Visiting Counsel of William Forster Chambers.

He was in 2016-17, junior counsel for the Northern Territory Government in the Royal Commission into Protection and Detention of Children in the Northern Territory.  In 2015-16, he was Counsel Assisting the South Australian Nuclear Fuel Cycle Royal Commission.  He was in 2005, Solicitor Assisting the Kapunda Road Royal Commission.

Prior to joining the independent bar, he was employed in the South Australian Crown Solicitor’s Office. In its Crown Counsel Section from 2010-2015 he undertook counsel work primarily in constitutional, administrative law and criminal cases in the Full Court of the Supreme Court[1] and before single Justices, and as a junior counsel to the Solicitor-General for South Australia in the High Court.[2]

He was admitted to practice in 2001, and at the conclusion of his role as Associate to Chief Justice Doyle was employed initially as the Research Assistant to the Solicitor-General, and then as a solicitor within its Advising and Administrative and Environment Sections. 

He is committed to and interested in legal education. He was as an organiser of Continuing Professional Development programs in the Crown Solicitor's Office and has tutored at Adelaide University, principally in civil procedure.

He is the co-editor and author of the legal publication Summary Justice - South Australia (concerned with summary criminal procedure in South Australia).  His forthcoming book on the Interpretation Acts will be published by Thomson Reuters in 2018.

[1] Dietmann v Brennan-Kuss (2015) 123 SASR 24; R v Draoui (2015) 122 SASR 360; Channel 9 SA PL v Police (No.2) (2014) 121 SASR 87; Police v Majchrak (2014) 120 SASR 192; Police v Bleeze (2012) 112 SASR 568; Police v Short (2012) 112 SASR 463; Police v Berzins (2011) 111 SASR 319; Moore v AI Automotive Ltd [2011] SASCFC 203

[2] Kuczborski v Queensland (2014) 254 CLR 51; Williams v The Commonwealth (No.2) (2014) 252 CLR 416; Magaming v The Queen (2013) 252 CLR 381; DPP v Keating [2013]; X7 v Australian Crime Commission and Anor [2012]; Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636; Momcilovic v The Queen (2011) 245 CLR 1; Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; Hutchison 3G v City of Mitcham (2006) 80 ALR 711; BHP Billiton v Schultz (2004) 221 CLR 400; Mulholland v AEC (2004) 220 CLR 181; Coleman v Power (2004) 220 CLR 1; Cattanach v Melchior (2003) 215 CLR 1; New South Wales v Lepore (2003) 212 CLR 511; Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476

Recent cases to judgment
Andrzejczak v DECD [2017] SAET 183 (classification under transition provisions of the RTW Act)
Harrington v Healthscope [2017] SAET 65 (scope of s18 RTW Act)
R v Taheri [2017] SASCFC 115

Further Information

E:  cjacobi@edmundbartonchambers.com.au

Link to SA Bar Profile

Michael Mills was admitted as a barrister and solicitor in the Supreme Court of South Australia in 1975.

Prior to joining Edmund Barton Chambers in 2005, he was a partner at Ward and Partners for 15 years, including 4 years as Managing Partner, before being appointed Assistant Crown Solicitor, Civil and Commercial litigation for 5 years.  He has appeared as counsel in numerous matters in the Magistrates, District, Supreme, Full and High Courts and in various Tribunals including the Administrative Appeals Tribunal, Equal Opportunities Tribunal and Racing Appeals Tribunal. 

His main areas of practice are Personal Injury Compensation, Medical Negligence, Administrative Law, Public Risk and Child Abuse Claims.

He obtained the Institute of Arbitrators and Mediators Practitioner's Certificate in 2006 and has been involved in numerous Mediations as either counsel or Mediator.

Between 2003 and 2005 he was the Attorney-General's nominee to the Joint Committee on Reform of the Law and Procedure in Medical Negligence Claims.  He has presented papers on various aspects of civil litigation at Law Society CPD Sessions and at the Law Society Country Practitioners Conference.

Further Information

E:  mmills@edmundbartonchambers.com.au

Link to SA Bar Profile

Edward Stratton-Smith was admitted to practice in 2003 and signed the Bar Roll in 2010. 

Edward has a wide ranging practice encompassing criminal law and general civil litigation, including commercial and contract matters.

Before moving to the Bar, Edward worked for the Crown Solicitor’s Office where his practice included criminal prosecutions, employment law and administrative law.

Edward was recently appointed a Sessional Ordinary Member of the South Australian Civil and Administrative Tribunal.

Areas of Practice

Administrative & Public Law

Criminal Law

Family Law

Industrial & Employment

Inquests & Inquiries

Further Information

E:estrattonsmith@edmundbartonchambers.com.au

Edward Stratton-Smith Curriculum Vitae

Link to SA Bar Profile

Alexander Ward Curriculum Vitae

President of the Law Council of Australia in 2011, Alexander Ward has over 30 years' experience as a solicitor and barrister.  He has been the Australian representative on the Commonwealth Lawyers Association since 2008, and was its President in 2015-2017.  He has practised as a barrister at Edmund Barton Chambers in Adelaide since 2002.  He practises in civil litigation, with an emphasis on accident cases, fraud cases and cases involving complicated liability issues.

Mr Ward commenced his career at Ward and Partners with his father Kevin Ward in 1985 prior to establishing his own firm Ward and Ward with his wife Amanda in 1993.

Mr Ward was President of the Law Society of South Australia in 2004-05 and during this time was a member of several Law Society Committees including those mentoring indigenous law students, and those addressing community relations and professional standards. He is currently a member of the Law Society's Ethics and Practice Committee.

He is a legal officer in the Royal Australian Navy Reserves and practices in Military and Discipline law, and is on the national Ethics Committee of the Australian Defence Force.

He has been an active supporter of LAWASIA and the issues of its region.  These have included supporting the establishment of a law association for individual countries in the South Pacific.

Mr Ward is a Part Time Member of the Administrative Appeals Tribunal.

Further Information

E:  award@edmundbartonchambers.com.au

Link to SA Bar Profile

Mark Taylor joined Edmund Barton Chambers in February 2018 after relocating to South Australia from England. Mark was called to the Bar of England and Wales before he was admitted to the Supreme Court of South Australia in February 2018.

Previously, Mark enjoyed a varied practice in London and the South of England. He appeared in the equivalent of the District and Supreme Court in a range of commercial and civil matters and remains particularly interested in resolving probate issues and estate disputes as well as addressing problems involving personal bankruptcy and/or corporate insolvency.

Prior to practising law, Mark was an English Teacher in senior management within a challenging inner-city school. 

Mark’s experience as counsel includes:

Probate, trusts, wills and estates

  • Admitting lost and informal wills to probate;
  • Representing and advising plaintiffs in regard to breach of trustee and executor duties;
  • Advising firms upon the use of discretionary trust instruments;
  • Removing Legal Personal Representatives for breaches of fiduciary duty;
  • Defending undue influence claims;
  • Representing plaintiffs and defendants in testamentary capacity proceedings;
  • Advising upon the transmission of shares in a large city company to an international statutory beneficiary;
  • Advising executors generally in regard to probate applications and the administration of estates.

Family provision

  • Representing plaintiffs to establish standing in order to enable the issuance of a Family Provision claim;
  • Applying for, and contesting, declarations of domestic partnership;
  • Advising upon the merits of issuing and defending Family Provision claims;
  • Representing plaintiffs and defendants in Family Provision proceedings;
  • Successfully negotiating settlements in Family Provision claims;
  • Striking out a Family Provision claim.

Bankruptcy / Insolvency

  • Representing the interests of bankrupts, insolvent companies, trustees-in-bankruptcy, liquidators and receivers in complex bankruptcy and corporate insolvency proceedings within national and international jurisdictions;
  • Successfully winding up a foreign-exchange outfit for insolvent trading;
  • Successfully annulling a deliberate bankruptcy utilised in an attempt to frustrate matrimonial proceedings.

    Company / Commercial

    • Resolving complex shareholder and partnership disputes;
    • Applying for commercial injunctions and relief from sanctions;
    • Defending clients for breach of personal guarantees;
    • Lifting the corporate veil in agency, shadow directorship and corporate persona contexts.

    Land & Property

    • Issuing and defending complex right of way and boundary disputes;
    • Representation at leasehold tribunal hearings;
    • Advising upon the removal of restrictive covenants in commercial land;
    • Defending breach of option-to-purchase proceedings;
    • Various aspects of leasehold instructions, including advising, issuing and defending conveyance-related professional negligence claims.

    Professional negligence

    • Advising and representing solicitors in disciplinary actions for:
      • Breaches of professional duties;
      • Breaches of express and implied undertakings;
      • Misuse of trust accounts;
      • Accidental backdating of statutory documents.

     Construction

    • Advising upon merits, discovery and evidence in a complex building development dispute;
    • Representing plaintiffs at interlocutory and trial stages in the English equivalent of the District and Supreme Courts and the specialist Technology and Construction Court.

     

    Further Information

    E: mtaylor@edmundbartonchambers.com.au  

     

     

    Christian Munt has been a member of the independent bar since May 2013, initially at Mitchell Chambers and then at Edmund Barton Chambers since September 2018. 

    Prior to going to the bar, he occupied the role of In-house Counsel at Donaldson Walsh and also headed up that firm’s Commercial Disputes and Insolvency section for several years.  Christian has been recognised in Doyle’s Guide, currently as recommended Junior Counsel in both Litigation & Dispute Resolution and Insolvency & Reconstruction, and previously as one of 20 ‘Rising Stars’ nationally, in each of those categories. 

    Admitted to Practice:  1997

    Signed Bar Roll:  2013

    Qualifications:  LLB (with Honours), BCom

    Principal areas of practice:

    • Commercial
    • Consumer and competition
    • Property
    • Building and construction
    • Franchise disputes
    • Insolvency
    • Insurance
    • Family law property settlements
    • Estates

    Professional Appointments:

    Litigation Assistance Fund Board Member

    Professional Memberships:

    South Australian Bar Association

    Law Society of South Australia

    Selected matters

    Counsel for a wine company in a debt claim, and in the defence of a counterclaim for alleged breach of a distribution agreement, in the Magistrates Court and in an appeal to the Supreme Court.  The client was successful on all issues and obtained an order for indemnity costs: Sante Wines Pty Ltd v Paxton Wines Pty Ltd [2018] SASC 104.

    Counsel in an appeal on quantum in the Full Court of the Supreme Court, regarding a judgment against a former franchisee for breach of a restraint of trade clause and against a third party for inducing a breach of contract.

    Counsel for a director in a Federal Court action against another director, ex-employees and a competing business established by the ex-employees, in which search and seizure orders were obtained against the respondents and a claim for breach of director’s/fiduciary duty, oppressive conduct and breach of confidence was settled at mediation on favourable terms.

    Counsel for a former director of a financial planning company in a Federal Court claim for breach of trust and fiduciary duty and oppressive conduct.

    Counsel for a bank in a complex real property priority and subrogation dispute in the District Court.

    Counsel for a plaintiff in a quantum meruit building claim in the District Court, and in defence of a counterclaim for allegedly defective building work.

    Counsel for a commercial construction company in defending a claim in the District Court by a sub-contractor, based on the supply of defective design services and materials.

    Counsel in the successful defence of a complex claim in the Magistrates Court for an alleged ineffective termination of a lease due to alleged misleading or deceptive and unconscionable conduct, estoppel and/or relief under the Retail and Commercial Leases Act.   Costs orders were obtained against directors of the plaintiff company as non-parties to the action, on a solicitor and client basis.

    Junior counsel in a Supreme Court claim involving multiple causes of action in relation to a complex property joint venture arrangement.

    Junior counsel in a Supreme Court appeal, acting for a shopping centre owner in a relation to a claim against a guarantor for unpaid rent and outgoings.

    Counsel for executors and beneficiaries in various claims under the Inheritance (Family Provision) Act.

    Counsel advising in relation to property, business, company and trust structures and issues in family law property settlement proceedings and in assisting with documenting complex property settlement consent orders.

    Solicitor and counsel in the successful defence of a substantial misleading and deceptive conduct claim in the Federal Court: Rawley Pty Ltd v Bell (No 2) [2007] FCA 583.

    Solicitor and counsel for a leading national franchisor in a Federal Court claim regarding breaches of a Master Franchise Agreement, trademark breaches, passing off, misleading or deceptive conduct and breaches of fiduciary duty, which settled on favourable terms.

    Solicitor and counsel for a former Member of Parliament in an encroachment dispute, in which the client was successful at trial (and in an appeal, before the Full Court of the Supreme Court, on the question of the costs of the trial: Ciccarello v Bunton [2011] SASCFC 34).

    Link to SA Bar Profile