Edward Cox was called to the Bar in 2001. Edward appears in appeals, inquiries and arbitrations - Commercial and Sport - various coronial inquests and criminal proceedings, and summary environmental and fraud prosecutions. He has extensive experience in international arbitration of commercial matters.
Edward has a strong interest in technical legal areas, particularly in the contexts of international law and running cases. Edward’s technical background and ability to understand the basic principles and forces in physics means he is astute at communicating at a technical level.
Edward is listed as a leading Junior Counsel in Chambers & Partners and Doyles Transport/Shipping Reviews of the Australian Bar. With a practice that includes maritime and transport law, Edward has worked globally in his profession. He is equally adept in the fields of general Corporations Law, including Insolvency, Equity, Trusts and Probate.
Edward has lectured in private International Law at Macquarie University, and regularly gives papers for CPDs and conferences. He also advises and sits as an arbitrator in sports disciplinary proceedings concerning sailing.
Focus Areas + Select Cases
British Marine Plc v Wollongong Coal Ltd & Jagatramka FCA 303 - Contract to guarantee charter party, whether contract capable of acceptance, Australian Consumer Law, breach of warrant of authority, estoppel, ostensible authority and reliance, whether claim apportionable, contributory negligence.
Ad Hoc Arbitration under the International Arbitration Act 2010 and UNCITRAL Arbitration Rules before three arbitrators, claim for repudiation of an iron ore contract between a Hong Kong seller and Chinese buyer, Sale of Goods, mitigation of loss, validity of arbitrators appointment and jurisdiction, final award of USD2,000,000 issued May 2016.
Urusoglu v MSU Management Pty Ltd  NSWSC 54 - Contract, equity, restitution, claim in deceit, rectification of share register.
Frumar v The Owners of Strata Plan 36957  NSWCA 172 - Contract, nature of statutory judgment.
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 - Contract, incorporation of terms by signature, bailment, agency.
Urusoglu v MSU Management Pty Ltd  NSWSC 54 - Contract, equity, restitution, claim in deceit, rectification of share register).
Public Trustee v Smith  NSWSC 397 - Wills, discretionary trust, estoppel by convention.
Source & Resource Pty Ltd Porada  NSWSC 883,  Aust Contracts Reports 90-272 - Invalid caveat, damages, contract for sale of land, waiver.
Tribond Pty Ltd v Atinon  NSWSC 1079 - Contract for sale of land, specific performance, conventional estoppel.
Forrest v Appleyard  NSWSC 281 - Partnership, contract, conventional estoppel.
Re Eslmore Resources  NSWSC - Listing on ASX, breach of trust regarding share subscriber fees, Contracts Review Act.
Macquarie University v MUPRA (Unreported SCNSW, Black J, 7 May 2015) - Winding up of unincorporated body under inherent jurisdiction.
Multicfbm (Asia Pacific) Pty Ltd v Han  NSWSC 1339; 69 ACSR 106 - Corporations Act, whether proceedings a nullity, challenge to solicitor’s retainer.
Luong v CASS  NSWSC 71 - Co-Operatives Act, rectification, oppression, challenge to settlement agreement.
Reiter Petroleum Inc v The Ship “Sam Hawk”  FCA 1005, appeal currently reserved - Foreign maritime lien claim under Admiralty
Act 1988 (Cth), whether the Privy Council decision in the Halcyon Isle  AC 221 applies in Australia, jurisdiction, supply of bunkers subject
to US law maritime lien for necessaries.
Toll Holdings Pty Ltd v Stewart (As receiver and Manager of Dick Smith Electronics Pty Ltd)  FCA 256 - Sale of Goods, stoppage in transit, conversion, Admiralty, bill of lading, ss.440B and 440D of the Corporations Act, interpleader relief
Newcastle Port Corp v The Owners of the Ship Magdalene  NSWLEC 210 - Marine Pollution Act 1987, spill of 72,000 litres of heavy fuel oil, fine $1.2 million.
Shagang Shipping Co Ltd v Ship Bulk Peace  FCAFC 48,  FCA 682 - Arrest of ship as security for arbitral award of USD66,356,281, application to set aside arrest for want of jurisdiction, meaning of ‘owner’, beneficial ownership under Admiralty Act 1988, damages for wrongful arrest under s.34.
Atlasnavios Navegacao, LDA v The Ship "Xin Tai Hai" (No 2)  FCA 149, 215 FCR 265;  FCA 715, 291 ALR 795 - Private international law, forum non-conveniens, abuse of process, election between related proceedings in China, anti-suit injunction, limitation of liability, collision.
Reiter Petroleum v The ship Sam Haw  FCA 1005 – Ship arrest based on foreign maritime lien, test case based on US law, successful in Federal Court Perth, Appeal heard in February and still reserved. Read More
Noble Resources v Sino Dragon  FCA 1028 – Noble Resources v Sino Dragon  FCA 1028 – Commercial arbitration regarding export of iron Ore. Read More
Newcastle Port Corporation v The Owners of the ship Magdalene  NSWLEC 210 – Appear for prosecution in Oil Pollution proceedings in LEC, fine 1.2 million. Read More
In the matter of MSU Management Pty Ltd - Urusoglu v MSU Management Pty Ltd & ors  NSWSC 54 - General Commercial proceedings. Read More
Toll Holdings Ltd v Stewart  FCA 256 – Sale of Goods, insolvency. Read More