I was shocked and saddened to hear this week of the sudden death of Paul Darling KC. I knew Paul for many years both from encountering him in court, where he was an impressive presence, and as a friend.

At one stage, Paul tried to persuade me to apply for the bench. He was of the view that I would be a shoo-in.  Quite where he got his confidence from on this I never quite knew, but happily I resisted the temptation.   If I had followed his suggestion, and had been successful, I fear that I would have felt horribly constrained on the bench.

Later, when Paul was head of Keating Chambers, he made a better suggestion, inviting me to join Keating Chambers. Which I did, and was very happy to be an international member of those Chambers for some years.

He was a man of great charm, irrepressible and always good fun to be with. My heart goes out Continue reading →

The application for judicial review/injunction in the case of Goyder Wind Farm 1 Pty Ltd v GE Renewable Energy Australia Pty Ltd, and Elecnor Australia Pty Ltd, David Thyer and the Resolution Institute was heard yesterday by Justice Stein in the Supreme Court of South Australia. I appeared for the applicant.

The court indicated that the reasoned judgment should be available within a week or so, and this will add to the jurisprudence on the issue of the reagitation of claims, under section 22 (4) of the Building and Construction Industry Security of Payment Act 2009 (SA), as a matter of abuse of process and as a matter of jurisdiction.