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The Honourable Roger Gyles AO QC FACICA

Barrister at Law


January 2009 to Current:

Arbitration, References, Adjudication, Mediation, Expert Determinations, Evaluations, Inquiries, Advice

Arbitration and Adjudication

2009
Member, Singapore International Arbitration Centre Panel of Arbitrators
2009
Fellow, Australian Centre for International Commercial Arbitration
2009
Associate Member, the Institute of Arbitrators and Mediators
2003 to date
Member, Court of Arbitration for Sport
1975 to date
Code of Conduct Commissioner, New South Wales Cricket Association

Co-arbitrator in a substantial commercial arbitration as to the review of the price of natural gas in a long-term contract which was completed in 2009.

Conducted a number of Court of Arbitration for Sport arbitrations, both as sole arbitrator (2 awards) and co-arbitrator (6 awards) - including a recent international CAS arbitration of a commercial nature.

Engaged to arbitrate disputes between a port operator and a resources company in April/May 2010.

Adjudicated many cases as a Judge and as a Deputy President of the Australian Competition Tribunal.

Previously as counsel and solicitor, acted in many arbitrations and references - including building and engineering matters and commercial disputes and in litigation relating to arbitration and references.

Mediation

Conducted mediation in a variety of disputes including copyright, tax, construction, landlord and tenant, contractual and commercial. Engaged to participate in a Senior Executive Assisted Mediation (SEAM) in a substantial construction dispute.

IAMA course undertaken successfully 2009.

As a Judge, referred cases to mediation.

As counsel, participated in large commercial mediations.

Evaluation

Currently engaged as an independent evaluator of claims against a large Australian financial institution arising out of a corporate collapse.

Inquiries Etc

2010: Appointed to conduct a Commission of Inquiry into events in HMAS Success by the Chief of the Australian Defence Force.

Conducting an inquiry into the protocol for the appointment of Senior Counsel for the New South Wales Bar Association.

2009: Inquired into alleged conflict of interest in connection with the management of a statutory corporation.

Inquiring into an allegation of impropriety in a professional firm.

2008: Conducted a Review of the Management of the Conservatorium of Music for the University of Sydney.

Whilst at the Bar:
Conducted the NSW Building Royal Commission as Commissioner.
Woodward Royal Commission into Drug Trafficking (Senior Counsel assisting).
Royal Commission re Carmen Lawrence [Marks].
Royal Commission into Seaman's Union (Sweeney).
ICAC inquiries into Greiner and Murray.
Moffitt Royal Commission into crime in clubs (Junior Counsel assisting).
Investigated and prosecuted bottom of the harbour tax frauds as Special Prosecutor for the Commonwealth.

Advice

Available to give advice - areas of interest include strategic advice as to the conduct of substantial litigation or arbitration - both at trial and on appeal; contractual disputes (including construction, infrastructure and resources); corporations law; planning and environment; real property; administrative law and statutory construction; intellectual property; competition and trade practices, insurance and sport law.



September 2008-December 2008

Supreme Court of New South Wales, Court of Appeal

Judge of Appeal (Acting)



1999-August 2008

Federal Court of Australia

Judge of the Federal Court of Australia (at first instance and on appeal).

Member of the New South Wales panels for corporations, taxation, competition, patents, intellectual property and industrial relations in addition to the usual constitutional, administrative and commercial cases.

Other appointments whilst a Justice of the Federal Court:

• Additional Judge Supreme Court of the ACT (2001 - August 2008)
• Deputy President - Australian Competition Tribunal (2003 - August 2008)
• Presidential Member Administrative Appeals Tribunal (2005 - August 2008)



1975-1999

Queen's Counsel practising at the Bar in Sydney

Appointed Queen's Counsel and practised as such until appointed to the Bench.

Appeared as counsel in the Privy Council, the High Court of Australia, in all States and Territories of Australia and in the courts of Singapore, Papua New Guinea, Fiji and the Solomon Islands.

Appointments during this time:

• Commissioner - Royal Commission into the Building Industry of New South Wales (1990-1992).
• Commonwealth Special Prosecutor into Bottom of the Harbour Tax Frauds (1982-1984).
• Judge - New South Wales Supreme Court (Acting) (1989).
• Master in Equity - Supreme Court of New South Wales (Acting) (1975).



1964-1975

Junior Barrister practising at the NSW Bar in Sydney

Admitted to the Bar of New South Wales, reading with R.J. Ellicott and T.R. Morling and practised thereafter as junior counsel until appointed Queen's Counsel.



1961-1964

Solicitor of the Supreme Court of NSW

Other appointments:

2004
Visitor, Law Faculty, De Paul University, Chicago, USA
2000
Officer, Order of Australia
1987
President Australian Bar Association
1984 - 1987
Member of Law Council of Australia

Member, Council of the New South Wales Bar Council

      - Vice President 1984-1985

      - President 1986-1987
1980 to date
Code of Conduct Commissioner NSW Cricket Association
1976-1985
Member, Commonwealth Administrative Review Council
1975-1981
Member, Council of the Ku-ring-gai College of Advanced Education
1973-1980
Director, Counsel's Chambers Ltd (Chairman 1978-1980)
1972
Visiting Fellow - Faculty of Law, University of Papua New Guinea



Contact:

10th Floor Selborne/Wentworth Chambers
174 Phillip Street
Sydney NSW 2000
DX 375 Sydney

Tel No. 02 9232 3239
Fax No. 02 9221 3724
Email rvgyles@bigpond.com

Clerk: Dianne Strathdee
Tel No. 02 9232 4609
Fax No. 02 9221 3724
Email strathdee@tenthfloor.org


 

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TENTH FLOOR CHAMBERS
Selborne / Wentworth Chambers 174-180 Phillip St. Sydney NSW 2000
T (02) 9232-4609 F (02) 9221-3724 E strathdee@tenthfloor.org DX 375 Sydney

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