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Written by Philippe Doyle Gray   
Sunday, 03 February 2008

Education

  • Graduate Certificate in Legal Practice Management, College of Law, 1999
  • Cours Intensif, Ecole de Langue Francais pour Etrangers, Paris, France, 1997
  • Graduate Certificate in Legal Practice, College of Law, 1995
  • Bachelor of Laws, University of Sydney, 1995
  • Awarded Connery & Partners Scholarship, Faculty of Law, 1994
  • Bachelor of Arts, University of Sydney, 1994
  • Higher School Certificate, St Patrick’s College, Strathfield, 1989

Professional Memberships

Bar Association of New South Wales

 

Legal Profession Admission Board

 

New South Wales Young Lawyers

 

Law Society of New South Wales


Employment

PHILIPPE DOYLE GRAY
Barrister

Aug 2001 – present

Working predominantly in civil litigation.  Practice focussed on commercial, estate and building disputes. Other areas of significant experience include Protected Estates and Insurance (including insurance fraud).

Selection of cases:


Tudehope v Liberal Party of Australia (NSW Division) [2010] NSWSC 1210
EQUITY – Equitable remedies – Injunctions – Interlocutory injunctions – Relevant considerations – voluntary associations – political party – where injunction sought to restrain preselection meeting – where matter had been determining adversely to Plaintiff by internal dispute resolution mechanism – Balance of convenience generally – whether the Defendant would suffer prejudice where opponent is elected and gains incumbency advantage – whether Court should intervene before meeting absent manifest error in internal dispute resolution processes

Media reports in the Sydney Morning Herald 16 September 2010 &         17 September 2010 and ABC News


Zheng v Sui [2010] NSWSC 687
CONTRACTS - general contractual principles - claim for repayment of Plaintiff's money under share agreements - harsh and unconscionable contracts and statutory remedies - alternative claim under Contracts Review Act 1980 (NSW) - where alleged repudiation of share agreements by Plaintiff - where alleged lack of clean hands on the part of Plaintiff - where guarantee by First Defendant to repay money not repaid by Third Defendant

Forrester v Island Industries Pty Ltd [2010] NFSC 1
CONTRACT – breach – agreement to restore quarried land – liquidated damages clause – owners satisfaction test – meaning – implied qualifications – damages – assessment

EVIDENCE – expert evidence – concurrent evidence – conflicting expert opinions.

Harith & Kanuth v McCrohon & 2 Ors [2009] NSWSC 111
PROFESSIONAL NEGLIGENCE – solicitors – solicitor altering terms of counsel's engagement in action 2 days before hearing - Solicitor failing to give reasonable notice and not previously disclosing fee problems to counsel - withdrawal of counsel - Plaintiffs forced to apply for and granted an adjournment - Adverse costs order made against Plaintiffs resulting in their being liable to pay $250,000

COSTS - Defendants disclosing not admitted in Queensland but failing to advise fully of costs consequences of them acting for Plaintiffs instead of Queensland solicitors who are less expensive - Assessment of Damages - Amounts recoverable by Plaintiffs against solicitors - Plaintiffs ultimately successful in recovering property subject to amounts payable to Plaintiffs. Party/party costs of Plaintiffs to be assessed on basis Mackay solicitors retained and on task not time charging.

Janson v Janson [2007] NSWSC 1344
Undue Influence – voluntary transfer by old, deaf, almost blind, childless bachelor to his nephew of virtually his only asset, the house in which he had lived for almost his entire life – no independent advice – nephew held uncle’s power of attorney and had given him care and assistance for many years – presumption of undue influence – presumption not rebutted

James v James; James v James [2007] NSWSC 968
Family Provision. Application under Family Provision Act by 6 of 7 children of deceased who were left out of deceased's will. Estate left to one child. Difficult family circumstances. Orders made in favour of all 7 children.

Bouras v Grandelis [2005] NSWCA 463, (2005) 65 NSWLR 214
Costs assessment – meaning of “assessed on a solicitor and client basis” in Pt 39A r25(4) District Court Rules 1973 – whether same meaning as costs on an indemnity basis in Pt 39A r13 of the Rules – interaction of Rules with costs assessment regime in Pt 11 Division 6 Legal Profession Act 1987 – assessment of costs on “fair and reasonable” basis under s208F of the Act.

Bechara v Kobeissi [2005] NSWSC 192
Costs assessment - appellant in person - no regard had to what may have been a costs agreement - respondent under misapprehension as to what was being assessed and did not make submissions on totality of bill - decision as to a matter of law arising in the costs assessment.

 

CONNERY & PARTNERS
SOLICITORS
Associate
Solicitor

 

Jul 2000 – Aug 2001
Apr 1999 – Jul 2000

Worked predominantly with David C. Lee (now a partner of Lee & Lyons). I had a general litigation practice covering the fields of product & occupiers’ liability, insolvency & debt recovery, and protected estates.

 

CKB PARTNERS
LAWYERS & CONSULTANTS
Solicitor-Advocate

 

May 1998 – Apr 1999

Worked predominantly with Martin Board. I worked almost exclusively in Local Court property damage litigation for insurance companies.

Achievements:

  • Conducted 12 Arbitrations and 50 Small Claims Trials (where I was the advocate) amongst about 200 other Court appearances.
  • Started with a practice of about 300 matters and increased this in 10 months to 800 matters, with 3 secretaries who had difficulty keeping pace.

 

TRAVEL

Feb 1997 – Mar 1998

Travelled to South Africa, Botswana, Zimbabwe, Namibia, Kenya, Tanzania (climbed Mt Kilimanjaro, Africa’s highest mountain, via the Machame-Mweka Combination Route), Egypt, Israel, Jordan, France, The United Kingdom and Antarctica (Ross Sea region) on a Russian ice-breaker.

 

CONNERY & PARTNERS, SOLICITORS
Solicitor

Apr 1996 – Jan 1997

I worked predominantly with David C. Lee. Assisted a partner with the management of his matters, performing various steps in the conduct of a matter as the need arose.

Achievements:

  • Made about 500 Court appearances and instructed counsel in about another 200 hearings throughout this time.
  • Trained paralegals in Court etiquette, procedure and advocacy as the need arose.

 

CONNERY & PARTNERS, SOLICITORS
Law Clerk (Paralegal)

Aug 1994 – Apr 1996

I was awarded a scholarship, which was at that time the largest monetary scholarship at the University of Sydney Law School available to undergraduates. That scholarship included temporary employment with Connery & Partners as a Law Clerk while simultaneously completing legal studies. That employment became permanent.

 

Publications

All publications solely by Philippe Doyle Gray unless otherwise indicated.
2006:

  • Slattery QC, Doyle Gray, Lawson & D’Aeth Everything you wanted to know about going to the Bar but were too scared to ask, paper presented at NSW Young Lawyers Seminar 9 Aug 2005.
  • Cost and fee disclosures under the Legal Profession Act 2004: Blood from a stone: compelling solicitors to pay counsel’s costs, updated paper presented at NSW Bar Association Parramatta mini-conference 3 June 2006.

2005:

  • Cost and fee disclosures under the Legal Profession Act 2004: Blood from a stone: compelling solicitors to pay counsel’s costs, paper presented at NSW Bar Association seminar 7 Sept 2005.
  • Enforcement of judgments: judgments for money, injunctions, and the Uniform Civil Procedure Act 2005, paper presented at College of Law seminar 1 Sept 2005.
  • Everything you wanted to know about going to the Bar but were too scared to ask, paper presented at NSW Young Lawyers Seminar 31 Aug 2005.

2004:

  • Lifting the bar on Plaintiff’s costs, 42 (5) Law Society Journal 80.
  • Attorneys & Guardians, paper presented at NSW Bar Association Mini-Conference Canberra 1 May 2004.
  • Fundamental Litigation Skills, paper presented at CPDS Seminar 16 Mar 2004.

2003:

  • Local Court Practice: Small Dispute Strategy and Tactics, paper presented at NSW Young Lawyers Seminar 12 Nov 2003.
  • Powers of Attorney & Enduring Guardianship, paper presented at Legalwise Seminar 24 Mar 2003.
  • Enforcement of Monetary judgments, paper presented at NSW Young Lawyers Seminar 1 Mar 2003.
  • Local Court Practice, paper presented at CPDS Seminars 4, 7 & 11 Mar, 23 & 26 Sept, 29 Oct 2003.

2002:

  • Small Claims Practice, paper presented at NSW Young Lawyers’ Seminar 2 July 2002.
  • The Makita Fallacy, paper presented at NSW State Legal Conference 27 Mar 2002.
  • Death by Discovery, paper presented at NSW Young Lawyers’ Seminar 19 Mar 2002.

2000:

  • With Registrar Graeme Roberts, The New $10,000 Small Claims Division, paper presented at NSW Young Lawyers’ Seminar 6 Dec 2000.
  • Privilege, purpose and the Evidence Act: The death of Grant v Downs, 38 (4) Law Society Journal 66.
  • The New Rules of Discovery, paper presented at NSW Young Lawyers’ Litigation One Day Seminar 18 Mar 2000.

1996:

  • With David C. Lee, Categorisation of Supreme Court Rules and District Court rules related to procedure, unpublished, report to the Litigation, Law & Practice committee of the Law Society of NSW. (The report addressed the unification of procedural rules of the Supreme and District Courts. That report was ultimately submitted to the Attorney-General of NSW and the majority of recommendations were adopted in Oct 1996.)

Referees available on request

Last Updated ( Saturday, 08 October 2011 )
 
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