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Jason Spinak

Admitted to the bar 2007
Entitled to practise in all Australian jurisdictions

Areas of Practice:

Administrative Law
Constitutional Law
Commercial
Equity
Land law
Negligence
Professional Liability
Tort law
Trade Practices and Competition
Wills and Probate


Education

University of NSW: Bachelor of Laws (Hons equiv.)

  • Butterworths Prize for Best Performance in Constitutional Law
  • UNSW Academic Paper Prize
  • First place in Studies in Contemporary Legal Theory

University of Sydney: Bachelor of Arts (First Class Honours in History)

  • Academic Awards in History, Government and Philosophy

Prior experience

Prior to commencing practice at the Bar, Jason worked as a Graduate-at-Law at Gilbert & Tobin; as a Tipstaff to the Honourable Justice David Ipp, Judge of Appeal, Supreme Court of NSW; as a Member of the Secretariat of the Commonwealth Review of the Law of Negligence; and as a casual Lecturer in law at the University of New South Wales, Law School. Jason also completed studies in Comparative and International Law at the Sorbonne, Paris.


Experience at the Bar

Cases of note include:

  • Appearing for Aldi Foods Pty Ltd in Supreme Court proceedings for alleged breaches of s 52 the Trade Practices Act 1974 arising from failed lease negotiations with a supermarket developer: BBB Constructions Pty Ltd v Aldi Foods Pty Ltd [2010] NSWSC 1352.

  • Appearing for Lifehealthcare Distribution Pty Ltd in Supreme Court proceedings for damages for breaches of the Fair Trading Act 1987 and breach of warranty arising from the sale of shares in a medical device supplier: LifeHealthcare Distribution Pty Ltd v Stewart Nicholas and Ors [2011] NSWSC 661.

  • Appearing for a national real estate agent in a dispute over an agent's authority to accept less than a 10% deposit on a Contract for Sale of Land: Markson v Cutler and Anor [2007] NSWSC 1515; (2007) 13 BPR 25,127; and on appeal to the Court of Appeal: Vameba Pty Ltd v Markson [2008] NSWCA 266.

  • Appearing for a discretionary beneficiary seeking to prevent the dissipation of trust assets arising from a complex securitisation scheme: Crossman v PILT Nominees [2009] NSWSC 393; Crossman v PILT Nominees Pty Ltd [2008] NSWSC 557; PILT Nominees v Baltarna [2009] NSWSC 656.

  • Appearing for the NSW Trustee and Guardian in respect of the liability of an incoming tutor for the costs associated with the previous tutor's tenure: Al Mousaway bht Imelda Margaret Dodds v Howitt Stevens Construction Pty Ltd & Ors (No 2) [2010] NSWSC 1398.

  • Appearing in the NSW Court of Appeal, in an appeal against a finding that during negotiations for the sale of a magazine business the appellant vendors engaged in misleading and deceptive conduct: Culligan and Anor v Aco Pty Ltd [2009] NSWCA 290

  • Appearing for a Federal Member of the House of Representatives against whom injunctive relief was sought pursuant to s 383 of the Commonwealth Electoral Act 1918, to restrain the distribution of postal voting application material during the 2010 Federal Election: Peebles v Honorable Tony Burke [2010] FCA 838; Peebles v Honorable Tony Burke (No 2) [2010] FCA 861.

  • Appearing for the applicant in the Federal Court at first instance and on appeal to the Full Court for review of a decision of the Administrative Appeals Tribunal to cancel an "absorbed person" visa on character grounds under s 501 of the Migration Act 1958 (Cth): Toia v Minister for Immigration and Citizenship [2009] 177 FCR 125.

Publications

"Common Law Liability of Clubs for Injury to Intoxicated Patrons: Cole v South Tweed Heads Rugby League Football Club Ltd" (with Rosalind Dixon) University of New South Wales Law Journal, Vol 27 No 3 2004 pp 816-825.


Contact:

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

Tel No. 02 9232 4609
Fax No. 02 9221 3724
Email spinak@tenthfloor.org

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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