Background

Tim regularly appears unled against senior counsel on hearings, applications and commissions of inquiry. His aptitude as an advocate greatly exceeds his seniority at the Bar. Tim is a clear thinker and communicator, attuned to the pragmatic aspects of disputes, whilst fiercely advocating his client’s position. Tim also readily identifies those cases in which discretion may be the better part of valour.

Tim has acted and appeared in leading cases in varied areas of law. He has deep experience in complex litigation, class actions and high-profile inquiries where he is known for his forensic, collaborative and direct approach.

As a principal, Tim has led large-scale litigation teams, including successfully defending to judgment the first Australian case on the duty of care of fire authorities and land managers in response to a naturally caused bushfire.
Tim’s sought-after advice has resulted in his appointment to ministerial and corporate committees, and as a panellist at international conferences. He has a Master of Laws, majoring in health law. Tim has been involved in shaping policy and legislation relating to disclosure of adverse incidents and statutory privilege for incident investigations.

Tim is equally adept at appearing for government or corporate clients with reputational risk and business imperatives, or when appearing for those clients without a voice and for whom access to justice or cultural sensitivities may be a challenge. Tim actively listens to all stakeholders and champions respectful dealings with all comers.

Tim has quickly attained significant experience as a facilitator of expert conclaves in complex litigation. Tim appears in pro bono matters by arrangement.

Outside chambers, Tim is a music obsessive and amateur DJ. Some of Tim’s sporting therapies are running and playing football with Sacred Heart Lions and Bar FC.



Focus Areas + Select Cases

Rothonis bht Dr Theo Rothonis v Dr Lattimore (2016) NSWSC: Appeared with Weinstein SC and Richardson SC for a defendant cardiologist in a two-week hearing. Judgment in favour of defendant. 

Hobson v Northern Sydney Local Health District & Ors [2017] NSWSC 589: Appeared for defendant surgeon at trial (led by S Woods) for D2. Surgeon was successful in overturning judgment on appeal (Sparks v Hobson; Gray v Hobson [2018] NSWCA 29). Special leave to the High Court denied.

Eastbury v Genea Limited [2017] NSWSC 1289: Appeared for a defendant GP on a two-week hearing in wrongful birth proceedings against the GP and a pathology company related to genetic diagnosis of Fragile X syndrome (led by Weinstein SC). Resolved during trial.

El-Mouelhy v Reid [2017] NSWSC 623 judgment ordered only 3 of 84 interrogatories be administered on defendant client, appeared (unled) against Romaniuk SC.

Appeared for two defendant doctors (led by Weinstein SC) in Supreme Court proceedings listed for four weeks commencing 5 November 2018. Resolved favourably at mediation. 

Williamson v Dr Green & Ors: Appeared for a plaintiff in seven-day expedited Supreme Court hearing related to delayed diagnosis and treatment of breast cancer (led by Menzies QC). Resolved at trial.

Dr Amos v Western NSW Sydney Local Health District [2016] NSWSC 1162: Appeared with Richardson SC for defendant in an administrative law matter relating to a consultant’s contract with a hospital. Judgment in favour of defendant.

R v Obeid (2016) (No 11) NSWSC 974: Wilful misconduct in public office and sentencing hearing with P Neil SC & S Beckett. Criminal reading and contributed to drafting of submissions on sentencing.

 


Tim has acted in the Thredbo Landslide commercial litigation, class actions related to medical products and bushfire litigation in NSW and interstate.

Warragamba Winery & Ors v State of NSW & Anor (No. 9) (2012) NSWSC 701: Bushfire group litigation; the first Australian case determining duty of care of fire authorities and land managers regarding naturally occurring bushfire. Successfully defended against 25 plaintiffs after a 90-day hearing (instructing Walker SC initially and King SC at trial).

Briefed to appear for a party of interest in an extensive coronial investigation into a recent large bushfire event in NSW (unled at this stage).

Briefed in a number of commissions of inquiry and has appeared (unled) in: 

  • Inquest into death of Thomas Redman: Appeared for two doctors (unled against senior counsel) on 16–17 May 2018 and 12 - 13 June 2019. 
  • Inquest into the disappearance and suspected death of Christine Young: For a specialist doctor before Deputy State Coroner O’Sullivan, heard on 4–7 September 2018.
  • Inquest into the death of DH: For the family before State Coroner Mabbutt, heard on 2–4 October 2018.
  • Inquest into the death of RR: Briefed to appear for the family, heard 3–5 December 2018.
  • Inquest into the death of Melissa King: Appeared for a specialist doctor, heard 1-4 April 2019, 24 April and 22 May 2019.
  • The Special Commission of Inquiry into the Drug 'Ice' with Gail Furness SC 
  • Inquest into the death of Lesley Arndell: Appeared for three doctors (unled against senior counsel), heard 22 - 30 August 2019 and continuing in November - December 2019). 
  • Inquest into the death of Renate D'Arcy: Briefed to appear for a specialist doctor, listed 18 - 22 November 2019. 
  • Inquest into the death of Hazel Brockett: Appearing for a party of interest heard 2- 6 September 2019 and continuing in November 2019. 
  • The Royal Commission into Aged Care Quality and Safety: BUPA South Hobart Case Study 13 – 15 November 2019 (counsel assisting Peter Rozen QC- appeared for BUPA Head of Operations, unled)

 


Acted for NSW Ministerial Office in equity proceedings: Obtained multimillion-dollar Freezing Orders following failure to account in tri-partite agreement involving a corporation in Zurich (2016).

Dollars R Us v Qiu- appeared on 3 day hearing on breach of confidentiality under contract and intentional tort related to cyber bullying- judgment of Pearce LCM in favour of client in both proceedings.

Appeared on hearing for plaintiff in commercial proceedings relating to breach of contract, restraint of trade and intellectual property rights related to a workshop run in Phuket, Thailand- judgment and indemnity costs obtained (unreported).

Appeared for a defendant strata manager in a 3-day hearing in the District Court - proceedings dismissed and indemnity costs order obtained.

Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang [2016] NSWCA 370: Professional indemnity claim. Judgment for defendant client installers of a hydraulic system. Special leave to the High Court on the issue of denial of indemnity under an insurance contract was refused.

Kuypers v Ashton Coal Operations Pty Ltd & Anor (No 8) (2015) NSWSC 1284 – acted for a mine in respect of a mine explosion.


 


Notable Cases

Warragamba Winery & Ors v State of NSW & Anor (No. 9) (2012) NSWSC 701: Bushfire group litigation; the first Australian case determining duty of care of fire authorities and land managers regarding naturally occurring bushfire. Successfully defended against 25 plaintiffs after a 90-day hearing (instructing Walker SC initially and King SC at trial).

Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang [2016] NSWCA 370: Professional indemnity claim by a paraplegic. Judgment for defendant client installers of a hydraulic system. Special leave to the High Court on the issue of denial of indemnity under an insurance contract was refused.

Rothonis bht Dr Theo Rothonis v Dr Lattimore (2016) NSWSC: Appeared with Weinstein SC and Richardson SC for a defendant cardiologist in a 2 week hearing- judgment in favour of defendant.

Dr Amos v Western NSW Sydney Local Health District [2016] NSWSC 1162: Appeared with Richardson SC for defendant in an administrative law matter relating to a consultant’s contract with a hospital- judgment in favour of defendant.

Eastbury v Genea Limited [2017] NSWSC 1289: Appeared for a defendant GP on 2 week hearing in wrongful birth proceedings against the GP and a pathology company related to genetic diagnosis of Fragile X syndrome (led by Weinstein SC)- resolved during trial.

Hobson v Northern Sydney Local Health District & Ors [2017] NSWSC 589: Appeared for defendant surgeon at trial (led by S Woods) for D2- surgeon was successful in overturning judgment on appeal (Sparks v Hobson; Gray v Hobson [2018] NSWCA 29)- special leave to the High Court denied.

Inquest into the disappearance and suspected death of Christine Young: Appeared for a specialist doctor before Deputy State Coroner O’Sullivan, heard on 4–7 September 2018.

Inquest into the death of DH: Appeared for the family, heard 2-4 October 2018.

Inquest into the death of RR: Briefed to appear for the family, heard 3–5 December 2018.

Inquest into the death of Lesley Arndell: Appeared for a doctor, heard 22 - 30 August 2019.

Inquest into the death of Renate D'Arcy: Briefed to appear for a specialist doctor, listed 18 - 22 November 2019

Briefed to appear for a party of interest in the Coronial Investigation into the Tathra bushfires (unled at this stage).

The Special Commission of Inquiry into the Drug 'Ice' with Gail Furness SC

The Royal Commission into Aged Care Quality and Safety: BUPA South Hobart Case Study 13 – 15 November 2019 (counsel assisting Peter Rozen QC- appeared for BUPA Head of Operations, unled)



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