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The Honourable Roger Gyles AO QC

Alternative Dispute Resolution


Qualifications
Bachelor of Arts (Sydney) Bachelor of Laws (HI) (Sydney)

Professional Appointments (Current)
Life member, New South Wales Bar Association
Member - Court of Arbitration for Sport
Fellow - Australian Centre for International Commercial Arbitration (ACICA)
Member - Kuala Lumpur Regional Centre for Arbitration Panel of Arbitrators
Member Victorian Judicial Panel
Commonwealth Independent Monitor of Security Legislation (INSLM) (part time)


Prior Appointments

Judicial and related appointments


September 2008 - December 2008
Judge of Appeal, New South Wales Supreme Court (Acting)

1999 - August 2008
Judge of the Federal Court of Australia
(Member of New South Wales panels for corporations, taxation, competition, patents, intellectual property and industrial relations in addition to the usual constitutional, administrative and commercial cases)

2001 - August 2008
Additional judge Supreme Court of the Australian Capital Territory

2003 - August 2008
Deputy President - Australian Competition Tribunal

2005 - August 2008
Presidential member, Administrative Appeals Tribunal

1989
Judge - New South Wales Supreme Court (Acting)

1975
Master in Equity - Supreme Court of New South Wales (Acting)


Other Appointments

1973 - 1980
Director, Counsel's Chambers Ltd (Chairman 1979-1980)

1975 - 1981
Member, Council of the Ku-ring-gai College of Advanced Education

1976 - 1985
Member, Commonwealth Administrative Review Council

1980 - 2013
Code of Conduct Commissioner - New South Wales Cricket Association

1982 - 1987
Member, Council of the New South Wales Bar Council
Vice president 1984-1985
President 1986-1987

1984 - 1987
Member of Law Council of Australia

1987
President, Australian Bar Association

2000
Officer, Order of Australia

2008 – 2015
Member – Singapore International Centre Panel of Arbitrators

2009 – 2015
External Member of Australian Taxation Office Panels

2011 – 2015
Chair, Transparency International Australia

2014 – 2015
Member UNCITRAL Coordination Committee


Prior Professional Career

1961 - 1964
Admitted as a solicitor, having graduated in law with First Class Honours from Sydney University and having served Articles of Clerkship with Sly & Russell (now Deacons) - practised as a solicitor with Bartier Perry and Purcell.

1964 - 1975
Admitted to the Bar of New South Wales, reading with R.J. Ellicott and T.R. Morling and practised thereafter as junior counsel

1972
Visiting Fellow - Faculty of Law, University of Papua New Guinea

1975 - 1999
Appointed Queens 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. Appeared as counsel in many official inquiries.

1982 - 1984
Commonwealth Special Prosecutor into "bottom of the harbour" tax frauds

1990 - 1992
Royal Commission into the Building Industry of New South Wales


ADR and related experience

Arbitration
  • Acted in many arbitrations as solicitor or counsel - predominantly in building or engineering matters, but including other commercial disputes
  • Conducted a number of Court of Arbitration for Sport arbitrations, as sole arbitrator, co-arbitrator and presiding arbitrator
  • Conducted substantive matters as a Deputy President of the Australian Competition Tribunal with lay members akin to arbitration
  • 2009: Co-arbitrator in an ad hoc commercial arbitration concerning natural gas prices
  • 2010: Sole arbitrator of a dispute re port charges for the export of minerals
  • 2010-2011: Determining a construction dispute referred by the Supreme Court of New South Wales
  • A party-nominated arbitrator of an ICC arbitration of a dispute concerning the price of minerals under contract
  • A party-nominated arbitrator of an SIAC arbitration concerning an Indonesian joint venture
  • 2012: Sole arbitrator of a dispute under a long-term waste management contract
  • Arbitration of claims arising out of a company takeover ordered by the Takeover Panel
  • 2013: Co-arbitrator in an energy pricing arbitration
  • 2013-2014: Chair of ICC Arbitration Panel deciding oil and gas operational dispute
  • 2013–2014: Party-appointed member of Arbitration Panel deciding a contractual dispute as to a major construction project
  • 2015–2016: Sole arbitrator of an engineering dispute

Mediation
  • Has mediated hundreds of disputes since January 2009 across many subjects including general contractual; banking and financial; insurance; building and construction; resources; commodities; intellectual property and confidential information; insolvency; corporations including shareholder class actions; partnership; property; administrative and taxation; family provision and estate; employer and employee; trade practices and competition; planning and local government; damages claims including professional negligence, product liability and class actions
Evaluation
  • Independent evaluation of claims against a major financial institution
  • Independent adjudicator under a court-approved claims resolution process relating to Lehman Brothers Australia Ltd (in liq)
  • Engaged to evaluate a product liability compensation scheme
  • Expert determination as to the interpretation of a construction contract
  • Expert determination of disputes under a long-term contract for information technology services
  • Expert determination of a dispute under a construction contract
  • Expert determination of disputes arising out of a long-term management agreement
  • Expert determination of a lessor/lessee dispute
  • Neutral evaluation of a claim against the government
Inquiries etc.
  • 2008: Conducted a Review of the Management of the Conservatorium of Music for the University of Sydney
  • Inquired into an allegation of impropriety in a professional firm
  • 2009: Inquired into alleged conflict of interest in the management of a statutory corporation
  • Conducted an inquiry into the protocol for the appointment of Senior Counsel for the New South Wales Bar Association
  • 2010-2011: Conducted a Commission of Inquiry into events in HMAS Success by the Chief of the Australian Defence Force
  • 2011: Chair of a Leadership Tribunal in Papua New Guinea appointed by the Chief Justice to determine allegations of misconduct against the Prime Minister
  • 2012: Appointed Chair of a Panel to hear appeals by residents of a university college
  • 2013: Inquiry into and reporting upon a dispute between a public company and a third party
  • 2014–2015: Chair, Review of Live Performance Association Code of Conduct
  • 2015: Expert evidence as to Australian law in an international investor/state arbitration
  • 2015-2016: Chair, Compliance Review Committee concerning Fraud allegations as to a corporate group



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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