Sixth Floor Selborne Wentworth Chambers

Imtiaz Ahmed SC and Stephen Speirs were delighted to present to UNSW students as part of the course “Class Actions and Mega-Litigation”. There was a wide-ranging discussion covering class action strategy, the features and effects of different funding models, and different approaches to class actions across jurisdictions. Thanks to Professor Michael Legg for the opportunity, and to the students for the great questions!    #classactions #complexlitigation #representativeproceedings #megalitigation

We congratulate Sixth Floor members David Thomas SC, Michael O'Meara SC, Chloe Burnett SC, Tamara Phillips and David Lewis who have been recognised by Doyle's Guide as Leading Tax Law Barristers in New South Wales. The Sixth Floor has a number of senior and junior barristers who specialise in various aspects of tax law. Our clerk Lisa Stewart can assist with inquiries. #taxation #counsel #sixthfloor #doylesguide

On 18 October 2024 the Federal Court delivered judgment in Australian Securities and Investments Commission v Latitude Finance Australia & Harvey Norman Holdings Ltd (No 2) [2024] FCA 1205, in which the Court found that Latitude Financial Australia and Harvey Norman engaged in misleading conduct and made false or misleading representations in relation to its widespread advertising campaign for a 60-month interest free and no deposit payment method. Yates J found that the payment method was “a fundamentally different financial arrangement than the one promoted”, namely, “a continuing credit contract with Latitude that was linked to a credit card (the GO Mastercard), whether or not they wanted a credit card.” ASIC will now seek relief including pecuniary penalties against Latitude and Harvey Norman. Sixth Floor members Naomi Sharp SC, Alison Hammond and Stephen Speirs appeared for ASIC, along with Shanaka Jayasuriya of 7 Wentworth. Judgment: https://lnkd.in/ebAxqnr9 #judgment #sixthfloor #federalcourt

Our clerk Lisa Stewart recently organised a raffle within chambers, raising funds for RSPCA Australia's Cupcake Day appeal. The winning ticket was drawn by former pound puppy Milo (with a little assistance), who very much enjoyed his big day in chambers. #RSPCA #fundraising #cupcakes #sixthfloor

The Sixth Floor invites applications for readership for those wishing to come to the Bar in 2026. Reading at the Sixth Floor provides an invaluable opportunity to work with and learn from some of Australia’s leading barristers. We provide a unique, diverse and supportive environment for readers and junior barristers, and are known for our collegiate culture. Our barristers are consistently ranked as leaders in their fields. Readers can expect to be involved in complex and interesting litigation and to be mentored as they develop their practice at the Bar, during and following their reading year.   Applications for readership in the May or September 2026 intakes should be submitted by 5pm on Monday 2 December 2024.   Further information regarding reading with the Sixth Floor can be found here https://lnkd.in/gCxWQ33q and our clerk, Lisa Stewart, can also assist with inquiries, including around approaching potential tutors.   #readership #2026 #sixthfloor #applications

The Sixth Floor welcomes David Rowe as a new reader and floor member. Before coming to the Bar, David was a Senior Lawyer at the Australian Government Solicitor, where he acted for the Commonwealth in a number of constitutional matters before the High Court and other courts, and had a broad advice practise spanning a range of areas of public law. David also worked as Associate to the Hon Justice Alan Robertson at the Federal Court of Australia and as a Senior Adviser to the Commonwealth Attorney-General. David holds a Bachelor of Civil Law (Distinction) from the University of Oxford and a Bachelor of Law (Hons I, University Medal) and Bachelor of Arts from the Australian National University. David is open to considering briefs in all areas of law. Our clerk Lisa Stewart can assist with inquiries. #readership #sixthfloor #publiclaw

The AAT recently delivered judgment in BSKF & HGYT v Commissioner of Taxation [2024] AATA 3377, which upheld the Commissioner’s Pt IVA determination made under s 177EA of the Income Tax Assessment Act 1936 (ITAA).    The decision is significant because it finds that the Tribunal has jurisdiction to determine whether assessments are excessive and whether a Pt IVA determination should have been made, in spite of a settlement deed between the Commissioner and taxpayer. It also finds that the Commissioner has the power to increase an administrative penalty under s 33(3) of the Acts Interpretation Act 1901, and s 172(1)(a) of the ITAA does not retrospectively extinguish liability for general interest charge for the purposes of the assessable recoupment provisions. The decision also provides important guidance as to the principles concerning s 177EA, and the Tribunal’s powers under s 43(1) of the Administrative Appeals Tribunal Act 1975 vis-à-vis notices issued under s 8AAZN of the ITAA.     Eugene Chan, who was led by Greg O'Mahoney, appeared for the Commissioner of Taxation in the proceedings. Judgment: https://lnkd.in/gvdMACcs #aat #judgment #incometax #sixthfloor

The Sixth Floor’s annual picnic took place on Saturday afternoon at Centennial Park. We couldn't have asked better weather and everyone enjoyed catching up over afternoon tea. #picnic #sixthfloor #centennialpark

On Thursday, the Commercial Law Section of the NSW Bar held the 6th annual Bathurst Lecture. ACCC Commissioner Liza Carver gave the keynote address on the topic ‘Modern centrality of the Competition and Consumer Act 2010 in the regulation of commercial conduct’. Dr Ruth Higgins SC, President of the NSW Bar, introduced Commissioner Carver and David Thomas SC, a co-convenor of the Commercial Law Section, gave the vote of thanks. The lecture is named in honour of the former Chief Justice of NSW, Tom Bathurst AC KC. Tom was a long-standing member of the Sixth Floor before his appointment as Chief Justice and we are very pleased that he has continued his relationship with the floor as an associate member. #supremecourtnsw #nswbar #lecture

Sixth Floor member David Hume has released a new book with Professor George Williams, People Power: How Australian Referendums are Lost and Won. People Power is a history of constitutional change in Australia. It explains why referendums succeed and fail, and sets out a path to success in future referendums. This new edition addresses the Voice referendum, the same-sex marriage plebiscite, State referendums and other developments since the book’s first edition. The Sixth Floor is a leading Australian public law floor. Floor members have appeared in many leading constitutional and administrative law cases, and publish regularly in public law. #publiclaw #referendums #sixthfloor #unswpress