DOMINIQUE HOGAN-DORAN SC

Dominique Hogan-Doran SC conducts a national litigation & dispute resolution practice, regularly appearing in superior courts and tribunals throughout .

She has acted in many of Australia's most high profile public inquiries & related court proceedings.

Dominique also accepts appointment as an Arbitrator and Mediator.

ADMISSIONS & ACCREDITATIONS Appointed Senior Counsel 2015 Commenced practice at NSW Bar 1996 Admitted to the legal profession 1994

PRINCIPAL AREAS OF PRACTICE Commercial Disputes Corporations & Insolvency Financial Services & Markets Regulation Intellectual Property Property & Investments Public Law & Administrative Review Royal Commissions & Public Inquiries Trusts, Probate & Administration of Estates PREVIOUS PROFESSIONAL Lawyer, Mallesons Stephen Jacques EXPERIENCE Research Director to Chief Justice of New South Wales, the Hon. A.M. Gleeson AC

ACADEMIC EDUCATION Bachelor of Civil Law (First Class Honours), University of Oxford Master of Laws, Bachelor of Laws (First Class Honours), Bachelor of Economics (Social Sciences), University of Sydney

AWARDS & RECOGNITION Recommended Leading Commercial Litigation & Dispute Resolution Senior Counsel NSW, Doyles Guide 2016 Barrister of the Year, Lawyers Weekly Australian Law Awards, 2016 Sir Robert Menzies Memorial Scholar Fulbright Postgraduate Scholarship University of Sydney Convocation Medal

PRINICPAL APPOINTMENTS NSW Supreme & District Courts Mediators Panels Fellow, Chartered Institute of Arbitrators nbn Co Ltd Arbitral Panel Member Essential Services Commission of South Australia Arbitrator Panel Member Trustee, Club Plus Superannuation Scheme Law Council of Australia’s Futures Committee Australian Member, G20 Business Dialogue Adjunct Associate Professor, UNSW Law Faculty

6 St James’ Hall Chambers, Levels 6 & 7, 169 Phillip Street, Sydney, NSW, 2000 Edmund Barton Chambers, 72 Wright Street, Adelaide, South Australia, 5000 Dialogue, 4 National Circuit, Barton, , Australian Capital Territory, 2600 T: (+61)(2) 9236 8622 - F: (+61)(2) 9221 8995 - E: [email protected] - W: www.dhdsc.com.au Liability limited pursuant to a scheme approved under professional standards legislation SELECT CASES

Regulation of Corporations, Financial Markets & Services, Securities & Derivatives

• Regulatory & disciplinary proceedings before a wide range of courts, tribunals and administrative bodies, challenges to those decisions, license cancellations and banning orders, civil penalty proceedings, investor compensation, interpretation of financial documents, advising on disputes concerning financial businesses, structures and transfers of businesses.

• All aspects of the life of a corporation from formation to dissolution, including mergers and acquisitions, takeovers, corporate finance, regulatory requirements, directors’ duties and shareholders’ rights and disputes, and directors’ and senior managers disqualification proceedings.

• Regulation of retail and investment banks and financial products & services, advising on disputes arising out of banking transactions, including project, acquisition, asset and property finance as well as derivatives and capital markets.

• For director of ASX listed entity in ASIC investigation for suspected insider trading in listed entity’s shares and continuous disclosure breaches; successfully obtained no further action letter (2016/17).

• For the trustee of an energy industries superannuation scheme in the negotiation and enforcement of funding obligations of the State of New South Wales in the context of the “Poles and Wires” privatization of NSW state electricity network assets, advising with respect to obligations under Superannuation Industry Supervision legislation, Australian Prudential Standards, including determination of adequacy of funding of defined benefit schemes.

• For investor representative (Mr Peter Warne, Chair, Macquarie Group) in long-running winding up of unregistered property development scheme in Victoria: ASIC v GDK Financial Solutions Pty Ltd (in liq) (2016) FCA (Middleton J); ASIC v GDK (No 14) [2013] FCA 459 (Gordon J); ASIC v GDK (No 11) [2012] FCA 1034 and (No 12) [2012] FCA 1035 (Dodds- Streeton J); ZMB Australia Pty Ltd v Warne [2011] FCA 311 (Ryan J) (successful defence of priority claim between scheme promotors and investors); ZMB Australia Pty Ltd v Warne [2011] FCAFC 65 (successful negotiation and approval of compromise of appeal); ASIC v GDK (No 8) [2011] FCA 997 (Dodds-Streeton J) (successful ex parte approval of compromise of priority dispute); ASIC v GDK [2010] FCA 710 (Gray J); ASIC v GDK (No 6) [2010] FCA 1092 (Finkelstein J); AVS Property Pty Ltd v McMaster [2010] FCAFC 81; (2010) 79 ACSR 89 (respondent to appeal by mortgagee); AVS Property Pty Limited v Western Retirement Village Management Ltd (In Liq) [2009] FCA 512 (Ryan J); ASIC v GDK Financial Solutions Pty Ltd (in liq) (No 4) [2008] FCA 858 and No 3 [2008] FCA 448 (2008) 169 FCR 497 (2008) 248 ALR 766 (Finkelstein J).

• For Registered Training Organization & its principals in Administrative Appeals Tribunal proceedings for review of cancellation of Australian Financial Services Licence & banning orders: The Sharemarket College Pty Ltd & Ors v ASIC (2016) AATA (DP Cowdroy).

• For ASX listed company resisting extension of injunction obtained ex parte by executive directors seeking to restrain termination of employment and proposed market statements (raising continuous disclosure issues): Cohen v Invigor Group Ltd [2015] NSWSC (Black J).

• For National Australia Bank financial planner in Victorian Supreme Court proceedings in defence of claim by high net worth investors concerning complex financial product advice; matter resolved on eve of 2 week hearing: Hanley v National Australia Bank (2015).

• For Senator the Hon. Arthur Sinodinos AO, former Chairman, Australian Water Holdings Pty Ltd, in defence of claim for breach of duty by minority shareholders, successfully negotiated discontinuance after strike out/security for costs hearing: TSDack Pty Ltd & 4 Ors v Australian Water Holdings Pty Ltd & 10 Ors [2015] FCA 931 (Katzmann J).

• For Westpac Bank claiming under guarantee of commercial bill facility, case involved issue concerning jurisdiction of Financial Ombudsman Service and disputed alleged concessions made by bank officer as to whether debt subsisting: Westpac Banking Corporation v Nitopi (2015) NSWSC (Harrison AssJ).

• For Macquarie Bank options trader in ASIC investigation and banning hearing concerning unlicensed discretionary option trading and falsification of records (2015).

• For founders/minority shareholders with respect to suspected breaches of the Takeovers Code arising out of share transactions associated with a conversion of a public company to a private company.

• For responsible entity of managed investment scheme and its CEO; case involved successor R.E. issues, director duties and insurance claims; case settled on eve of 3 week trial in Federal Court’s Queensland Registry: Leda Holdings Pty Ltd v Securcorp Ltd as Responsible Entity of Securcorp Mortgage Income Scheme & 2 Ors (March 2015) (Logan J) earlier Leda Holdings Pty Ltd v Securcorp Ltd [2013] FCA 1364 (Yates J) (transfer of proceedings from NSW to Qld).

• For investors in NSW Supreme Court claims against financial advisor concerning advice to invest in highly geared, complex structured financial products; matter successfully resolved at mediation: Espire Creations Pty Limited & 3 Ors v Omniwealth Services Pty Limited & 2 Ors.

• For Prime Media Group Ltd in relation to continuous disclosure obligations under the ASX Listing Rules.

• For China National Coal Corporation, a Chinese state owned enterprise, in relation to compliance issues with respect to its wholly owned Australian subsidiary.

• For founder and chairman of managed investment scheme MFS Group (now known as Octaviar), Mr Michael King, in defence of $423m class action by unitholders alleging breach of directors duty of responsible entity; successful compromise of claim received Court approval: see Mercedes Holdings Pty Ltd & Ors v Waters (No 6) [2012] FCA 1412 (NSW) (Jacobson J).

• For derivatives clients of collapsed financial services firm in relation to client money provisions and complex recovery/priority dispute with counter parties MF Global Singapore Pte (in liq) and Deutsche Bank AG: In re MF Global Australia Ltd (in liq) [2012] NSWSC 994; In re MF Global Australia Ltd (in liq) (No 2) [2012] NSWSC 1426; (2012) 267 FLR 27.

• For responsible entity of Addwealth Achiever Fund, a registered managed investment scheme, in relation to ASIC investigation.

• For examinee in Australian Taxation Office Project Wickenby hearings into suspected tax evasion & other alleged criminal offences and in ASIC Investigation into suspected insider trading & other alleged criminal offences in relation to backdoor listing.

• For specialist risk insurance business, in relation to ASIC investigation into conduct by 3000 authorised representatives with respect to sale of life insurance products.

• For financial planner in review of banning order for advice to invest in Trio Capital: Tarrant and ASIC [2011] AATA 945; (2011) 56 AAR 257; (2011) 128 ALD 376.

• For ASIC (intervening) in proceedings by trustee in bankruptcy in action against D&O insurers to secure indemnity for agreed ASIC compensation order arising out of collapse of telecommunications company One.Tel Ltd: Kerr v CGU Insurance Ltd; Donnelly v CGU Insurance Ltd (2010-2011) (Hammerschlag J).

• For ASIC in investigation into affairs of Ezybonds Pacific Limited Partnership.

• For former Chairman of FAI Insurance Ltd, Mr Rodney Adler, in ASIC investigation into

allegations of managing a corporation whilst disqualified and breach of parole conditions, successfully negotiated issue of “no further action” letter.

• For ASIC in investigation into & subsequent proceedings against Australian Lending Centre Pty Ltd for suspected breaches of consumer credit laws.

• For Granada Productions & ITV Plc in re RSPCA investigation and prosecution in relation to alleged animal cruelty in production of "I'm a Celebrity - Get Me Out of Here".

• For ASIC re legality of issue of Westpac Debit Mastercard: Westpac Banking Corporation v ASIC [2009] FCA 1506; (2009) 181 FCR 379 (Rares J).

• For ASIC in James Hardie civil penalty proceedings: ASIC v Macdonald (No 12) [2009] NSWSC 714; 73 ACSR 638 and ASIC v Macdonald (No 11) [2009] NSWSC 287 (2009) 256 ALR 199; (2009) 230 FLR 1; (2009) 71 ACSR 368; 27 ACLC 522; NV v ASIC [2009] NSWCA 18 and numerous other reported decisions on evidence & procedure during 6 month trial.

• For ASIC in investigation into Offset Alpine & Estate of late Renee Rivkin.

• For lead investors in winding up of unregistered managed investment scheme: Peridon Village Nominees, application of Billingham [2006] NSWSC 464 (Austin J) and Warne v GDK Financial Solutions Pty Ltd; Billingham v Parbery [2006] NSWSC 259; (2006) 57 ACSR 525.

• For scheme promoter in winding up of unregistered managed investment scheme: ASIC v Tasman Investment Management Ltd [2004] NSWSC 651; (2004) 50 ACSR 153 (Barrett J).

• For PrimeLife Corporation Limited re managed investment scheme issues.

• For Hannover Re in defence of shareholder class action: Johnstone v HIH Insurance Limited [2004] FCA 1414; Johnstone v HIH Limited [2004] FCA 190 (Tamberlin J).

Company Affairs, Partnerships, Insolvency & Trade Practices

• Civil court actions concerning investment and other frauds, fraudulent misrepresentation, conspiracy, misappropriation of funds, asset tracing, preservation and recovery; applications for urgent freezing injunctions and search orders, and for the appointment of receivers.

• Contested winding up petitions, applications relating to the conduct of administrations, receiverships, compulsory and voluntary liquidations and voluntary arrangements, disputed proof of debt proceedings, asset recovery proceedings, setting aside transactions.

• Disputes concerning formation of partnerships and the appointment, retirement and removal of partners; interpretation of partnership agreements; partnership disputes, including those relating to partnership assets and actions for an account and dissolution.

• For dual South African/Australian national in variation of ex parte freezing orders and defence of preference claim by liquidators of insolvent company: Humantech Pty Ltd (In Liq) v Thomas International Management Systems (SA) & Schutte [2016] NSWSC (Hammerschlag J).

• For Cargo Services Far East Ltd (incorporated in Hong Kong) & CS Logistic Solutions Pty Ltd (Qld) in defence of claims by liquidators for recovery of alleged unfair preferences; matter raised good faith defence and scope of contractual liens, including application of foreign law of Hong Kong and China; matter resolved after interlocutory hearings on joinder and separate question directions: In Re Retail Adventures Pty Ltd (in liq) (2015-2016) NSWSC (Robb J).

• For shareholders in manufacturing business associated with Meriton Group; successfully obtained and continued freezing orders & injunctions restraining conduct of directors and associated third parties diverting business opportunities to associates: Australian Mortgage & Finance Company

Pty Ltd & Ors v Rome Euro Windows Pty Ltd & Ors (2014) NSWSC 29; [2014] NSWSC 1173; [2014] NSWSC 996 (Black J); 29 & 31 Jan 2014 (Sackar J), 3 Feb 2014 & 17 Dec 2014 (Ball J).

• For financial planner in defence of claim concerning investment advice in agribusiness schemes: Tugrul v Tarrants Financial Consultants Pty Ltd [No 4] [2014] NSWSC 291; [No 2] [2013] NSWSC 1971; [No 1] [2013] NSWSC 1561 (Kunc J).

• For shareholders in oppression suit: Nowland v Maiolla; Casbee Properties Pty Ltd v Eastwood Air Conditioning Pty Ltd [2013] NSWSC 980 (Robb J).

• For e.Law International Ltd on its takeover of a competitor.

• For commercial party in relation to arbitration in Hawaii of dispute arising under corporate restructure agreement between US and Australian corporations.

• For Independent Private Hospitals of Australia in relation to Victorian staff dispute.

• For investors in successful defence of priority claim by promotors of unregistered managed investment scheme to proceeds of $24.5m sale of scheme property at first instance and on appeal to Full Federal Court: ZMB Australia Pty Ltd v Warne [2011] FCA 311 (Ryan J); ZMB Australia Pty Ltd v Warne [2011] FCAFC 65 (successful negotiation and approval by Full Court of compromise of appeal).

• For Australian energy infrastructure company in senior executive dispute: de Boer v Jemena Asset Management Pty Ltd.

• For John Holland Group in senior executive dispute: Bruce v John Holland Group Pty Ltd.

• For Chugg Entertainment in dispute with Sydney Entertainment Centre and Ticketek.

• For director on application for appointment of provisional liquidator: Wajs v Active Optics Pty Ltd [2008] NSWSC 23 (Barrett J).

• For ex-husband of bankrupt in hearing of an inquiry and account: Official Trustee as Trustee of Estate of Alexander Samootin v Shea (2007) NSWSC (Hammerschlag J); earlier Samootin v Shea [2007] NSWSC 785 (Hamilton J) and subsequently Samootin v Official Trustee in Bankruptcy [2007] FCA 1618.

• For retired partners of Phillips Fox in defence of investor compensation claim: Ingot Capital Investments Pty Ltd & Macquarie Equity Capital Markets Limited [2007] NSWSC 124; (2007) 63 ACSR 1 (Macdougall J).

• For appellant in contract dispute: McIntosh & Anor v ARAF Capital Funding [2003] NSWSC 843 (Harrison AssocJ).

• For shareholder in construction suit: Climit Pty Ltd v Captech Group Limited [2003] NSWSC 491.

• For appellant in trade practices dispute: Avora v Maxwell [2002] NSWCA 346.

• For partner in dissolution and winding up of textile manufacturing partnership: Xie v Zhou [2002] NSWSC 1114 (Hamilton J).

• For purchaser of shopping centre alleging misleading conduct by real estate agent: Hanave Pty Ltd v LFOT Pty Ltd (formerly Jagar Pty Ltd) & Ors [1998] FCA 1051; [1998] FCA 1429 (Moore J).

• For purchaser of residential property alleging misleading conduct by real estate agent: Eighth SRJ Pty Ltd v Merity [1997] NSWSC 139 (Young J).

Royal Commissions and Commissions of Inquiry & Related Litigation

• Special Commission of Inquiry into the NSW Greyhound Racing Industry (2015-2016) – acted for former Chief Executive Officer of Greyhound Racing New South Wales Mr Brent Hogan.

• into Trade Union Governance and Corruption (AWU/John Holland/Thiess Case Study) (2015) – acted for John Holland Senior Executive Mr Stephen Sasse in relation to his negotiations with Federal Opposition Leader the Hon. Bill Shorten MP when AWU National Secretary, concerning the EastLink construction project in Victoria.

• James Hardie Special Commission of Inquiry (2004) – Counsel Assisting Inquiry concerning adequacy of funding of long tail asbestos liabilities by a Foundation established by the James Hardie Group prior to its relocation to The Netherlands. Later acted for ASIC in civil penalty proceedings against James Hardie, directors & management for misleading market statements, breaches of director’ duties, and continuous disclosure breaches (2007-2010).

• Royal Commission into the Collapse of HIH Insurance Ltd (2002-2003) – acted for international reinsurer Hannover Re & its associated Irish subsidiaries and senior executives. Later acted in Federal Court shareholder class action (resolved 2004) as well as High Court challenge to threatened use by regulator of evidence obtained during Commission hearings: X & Ors v Australian Prudential Regulation Authority [2007] HCA 4; (2007) 226 CLR 630; Applicant Y v APRA [2006] FCAFC 37; Applicant X v APRA [2005] FCA 1288; (2006) 14 ANZ Ins Cases 61.

Independent Commission Against Corruption & Parliamentary Hearings & Related Litigation

• ICAC Operation Spicer (2014-2016) – acted for Commonwealth Cabinet Secretary the Hon. Senator Arthur Sinodinos AO in inquiry concerning political donations prior to the 2011 NSW State Election. Also acted in relation to the NSW Electoral Commission’s inquiry in lead up to 2016 Federal Election.

• Senate Economics References Committee Inquiry into Foreign Bribery (2016) – acted for Mr Stephen Sasse in relation to his allegations concerning payments by Leighton International.

• ICAC Operation Tunic (2015) – acted for NSW statutory authority the Mine Subsidence Board, at inquiry involving alleged corrupt conduct by its acting CEO/District Manager & concerning the adequacy of its corruption prevention practices and procedures.

• ICAC Operation Credo (2014) – acted for Commonwealth Assistant Treasurer Hon. Senator Arthur Sinodinos AO, former Chairman of Australian Water Holdings Pty Ltd, in inquiry investigating conduct in relation to proposed Public Private Partnership between AWH & Sydney Water Corporation. Also acted for Sen. Sinodinos in related Federal Court proceedings commenced by minority shareholders in AWH (2014-2015).

• ICAC Operation Vesta (2010-2011) – acted for director of Parkview Constructions Mr Rodric David in inquiry concerning the conduct of officer of the Sydney Harbour Foreshore Authority. Also advised in relation to pending proceedings in the United Arab Emirates & Cayman Islands (2010- 2012), as well proceedings in the Federal Court of Australia (2015-2016).

• ICAC Operation Ambrosia (2005) – fraudulent occupational licensing scheme investigation.

• ICAC Investigation into evaluation conducted by Public Employment Office of position of Director- General, NSW Department of Community Services (1996) – acted for Mr Ken Cripps, Public Employment Office Commissioner, in relation to his dealings with the Hon. Bob Carr MP, Premier of New South Wales.

International Practice

• Registered Foreign Legal Consultant, Singapore International Commercial Court.

• Advising re foreign bribery compliance obligations and investigations, including acting for former

senior executive of Leighton Holdings Ltd in relation to foreign bribery allegations re payments made by Leighton’s offshore arm to Dubai consultants.

• Numerous matters for Chinese entities, including China National Coal Corporation (state owned enterprise) & Cargo Services Far East Ltd, in relation to international trade & investment disputes.

• Acted in relation to proceedings in the United Arab Emirates & Grand Court of the Cayman Islands involving parties to facilities management joint venture.

• For the Australian Securities & Investments Commission in relation to co-operation arrangements with international regulators.

• For international reinsurer Hannover Re in relation to interaction of Australian prudential standards regulation, including determinations as to fitness and propriety of senior executives, and regulatory requirements of foreign domiciled parent company and subsidiaries in particular Ireland.

• Numerous matters advising on international arbitrations, including operation of arbitration clauses, validity of notices of dispute, jurisdiction, and enforcement of foreign awards & judgments.

Intellectual Property, Media, Entertainment & Defamation

• Intellectual property matters including copyright, design rights, trademarks, passing off actions, confidential information, patents, and privacy.

• Entertainment and media law and performers’ rights; interpretation of management, recording and production agreements, merchandising rights, copyright disputes, broadcasting, film and theatre, publishing, confidential information and privacy.

• For Californian movie production studio & its CEO in Federal Court defamation & Australian Consumer Law proceedings: Thunder Studios Inc & Anor v Kazal (2014-2016).

• For the Super Radio Network in defence of Federal Court proceedings by software copyright owners for damages/account of profits against the 29 companies & officers in the Broadcast Operations Group. Matters successfully resolved after interlocutory hearings refusing preliminary discovery in one case (Adobe Systems Inc & Microsoft Corp v 2GF AM Radio Pty Ltd & 24 Ors (2013) FCA (NSW) (unrep.) (Jagot J)) and prior to determination of hearing on strike out of pleadings in the other: Adobe Systems Inc & Microsoft Corp v Western Broadcasters Pty Ltd & 5 Ors (2013) FCA (NSW) (Foster J).

• For Prime Media Group Ltd in relation to program supply & ratings agreement dispute with the Seven Network.

• Acted for software licensee in defence of Federal Court proceedings for breach of copyright; matter resolved: FTI Technology LLC v Ringtail Asia Pacific Pty Limited.

• For Nippon Telecom, University of NSW, University of Queensland and Monash University as subjects of Anton Piller orders made in relation to claim of infringement of musical copyrights by operation of ‘peer to peer’ computer file sharing known as “Kazaa”: Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2004] FCA 183 (Wilcox J).

• For the Australian Broadcasting Corporation in defence of defamation and injurious falsehood claims concerning ‘Four Corners’ program: Griffith & Ors v Australian Broadcasting Corporation & Anor [2004] NSWSC 582; earlier [2003] NSWSC 1244.

• For F.Hoffman-La Roche AG in world-wide litigation for revocation of Hepatitis C Virus Nucleic Acid Testing patent: F. Hoffmann-La Roche AG v Chiron Corp [2000] FCA 346. Matter resolved during 9 week final hearing in October 2000.

Property

• Disputes concerning contracts for the sale and development of land and joint ventures; land registration, adverse possession and title issues; equitable interests in land, including trusts of land, co-ownership and proprietary estoppel; mortgages, easements, restrictive and positive covenants and options.

• Commercial and residential tenancies, interpretation of leases, forfeiture and actions for breach of covenant, rent review, guarantors, statutory regulation.

• Numerous matters for owners corporations and lot owners of strata title, company title and community title schemes, including as to validity and operation of exclusive use by-laws, use and alteration of common property, redevelopment proposals, validity of levies, powers and duties of committees and officers, and performance and termination of management rights.

• Numerous matters for retail & commercial landlords and tenants in relation to scope of leasehold interests and obligations.

• For property developers, successfully resisted application for injunction of development: Bechara & Akcan v Lane Cove Trading Company Pty Ltd & 2 Ors (2014) NSWSC (Lindsay J).

• For successful strata title lot owner in exclusive use by-law hearing: Webb v Borg [2012] NSWSC (unrep.) (Nicholas J).

• For home unit company in challenge to redevelopment levy and variation of class rights: In the matter of Nevada Pty Ltd [2011] NSWSC 1499 (Ball J).

• For managers of Victoria Docklands mixed residential and commercial complex in Supreme Court of Victoria & Victorian Civil & Administrative Tribunal proceedings; matter successfully resolved post interlocutory hearings: SSKB, Victoria Point Docklands Real Estate Pty Ltd & Ors v OC1 & OC4 (Plan of Subdivision PS 509916K).

• For body corporate of community title scheme in Supreme Court of Queensland proceedings concerning management rights of residential complex on the Gold Coast: Henderson & Body Corporate of Merrimac Heights CTS 19563 [2011] QSC 336 (McMurdo J).

• For sub-developer & 19 Chinese purchasers of off-the-plan units in Sydney CBD development in successful suit for specific performance in face of purported rescission by developer: West Apartments Pty Ltd v Austino Property Development Pty Limited & 19 Ors (2011) NSWSC (Pembroke J).

• For landlord in successful defence of claim by tenant for unconscionable conduct: Vale v Rosychamp Pty Ltd [2008] NSWSC 1373 (White J) and previously Administrative Decisions Tribunal proceedings and Supreme Court injunctions: Vale v Rosychamp Pty Ltd [2006] NSWSC 1341.

Public & Constitutional Law

• Joint Opinion (with Professor James Stellios) concerning scope and operation of s 44 of Commonwealth Constitution.

• Joint Opinion (with Professor James Stellios) concerning ‘prohibited donor’ provisions in Div 4A of the Election Funding, Expenditure and Disclosures Act 1981 (NSW).

• For The Star Casino in relation to regulatory issues under the Casino Control Act and related matter successfully resolved pre-hearing: Star Pty Limited v Le Hi.

• Joint Opinion (with Trent Glover) as to interaction of the operation of the Electricity Network Assets (Authorised Transactions) Act 2015 (NSW) and funding obligations of an energy industries superannuation scheme under the Superannuation (Industry Supervision) legislation and APRA

Prudential Standards.

• Joint Opinion (with Trent Glover) as to the proper construction of Division 4 of the Fair Work Act 2009 (Cth) and the conduct and questions to be determined by the Expert Panel of the Fair Work Commission’s Default Fund Superannuation Review.

• For ASIC in Multiplex class action re public interest immunity claims: P Dawson Nominees Pty Ltd v ASIC [2008] HCATrans 409; ASIC v P Dawson Nominees Pty Ltd [2008] FCAFC 123; (2008) 169 FCR 227; (2008) 66 ACSR 704; P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1659; (2007) 65 ACSR 239 (led by G Flick SC).

• For ASIC on application to fix costs of provision of electronic court facilities in civil penalty proceeding: ASIC v MacDonald (No 2) [2008] NSWSC 1020.

• For landowner in review of refusal for wayleave compensation: Bowman and Ors v NSW Coal Compensation Review Tribunal and NSW Coal Compensation Board [2003] NSWSC 568.

Trusts, Probate & Administration of Estates

• Issues concerning creation, variation, rectification and termination of trusts, interpretation of trust documentation, challenges to the validity of trusts and exercise of powers; administration of trusts, removal of trustees; allegations of breach of trust and tracing against trustees and third parties.

• Wills, probate and administration of estates: interpretation of wills and deeds of variation, intestacy, challenges to wills, probate actions, removal and substitution of personal representatives; the administration of estates and claims for family provision; claims concerning the property and welfare of persons lacking mental capacity.

• For Australian executor of deceased estate in two NSW Supreme Court applications for provision in circumstances of partial administration of the estate by a Serbian Court and assets in Serbia and Croatia: Cupic v Cupic; Zelenovic v Cupic. (2016-2017).

• For income beneficiary in Queensland Supreme Court proceedings by trustee of testamentary trust for judicial advice and directions as to proper classification as income or capital of special dividends received following sale of business line: In re Simpson Trust (2016-2017).

• For unitholder in proceedings in Canberra concerning proper construction of unit trust deed; part heard when resolved at court-referred mediation: SR Tech Pty Ltd v Kousba Holdings Pty Ltd & 2 Ors (2013) FCA (ACT) (Foster J).

• For Jewish son in claim on deceased estate, proceedings tested scope and application of modern law of disentitling conduct as son excluded from his father’s $2.4 million will because he married a Catholic, contrary to his father’s wishes, leaving the remainder to a Jewish charity (2012).

• For the Greek Orthodox Church Community in relation to trust deed amendments (2012).

• For executor of deceased estate on application for provision: McGrath & Duncan v Hartley, McCully v Hartley [2010] NSWSC 893 (Macready AsJ).

• For solicitor executor of deceased estate on application for provision: Garofolo v Capogreco [2006] NSWSC 1116 (Macready AsJ).

REFEREES (details available on request)

“I have had the good fortune to work with Dominique over a number of years and consider her to be my ‘go to’ counsel. Dominique has brought intelligence, perception and an amazing work ethic to every matter on which I have briefed her. Dominique is an excellent advocate, provides accurate and pragmatic advice and has displayed a superb manner in dealing with diverse clients and opposing counsel. I commend her without hesitation.” – Senior Legal Counsel, Retail Bank, former Senior Lawyer, ASIC

“Dominique is an exceptionally talented, results focused, technically superlative lawyer. I worked with Dominique in a mega litigation matter and could not have been more impressed with her enthusiasm, creativity and output.” – Partner, Clayton Utz Lawyers

“Dominique is a highly commercial and trusted adviser. She has the ability to quickly and comprehensively analyse complex commercial issues and provide sound strategic and practical advice that can be implemented efficiently and effectively.” – Senior Executive, International Construction Group

“I engaged Dominique and worked with her on a public interest immunity claim on a large, complex matter in the Federal Court. Dominique has formidable intellectual capacity, she is brilliant academically, and is a wonderful advocate. Dominique also demonstrated enormous commitment and worked incredibly hard.” – Senior Legal Officer, ASIC

“Dominique is an exceptional barrister/lawyer.” – CEO, Energy Industries Superannuation Scheme

“Dominique understood our area of concern and addressed it in a thinking, constructive and strategic manner.” - Director, Snedden Hall & Gallop, Canberra

“I came to know Ms Hogan-Doran during a lengthy investigation that the ICAC was conducting. She represented a witness during proceedings. Her manner was professional and discrete; she is hard working and reliable. I would not hesitate to recommend Ms Hogan-Doran for any matter.” – Principal Solicitor, NSW Independent Commission Against Corruption

“I first met Dominique when she was Counsel Assisting in a large Commission of Inquiry in which I was involved. I found Dominique then to be an impressive counsel, very knowledgeable about the law, and a skilled advocate. Later, when I required an advice and assistance at a mediation, I engaged Dominique and was again equally impressed. I would have no hesitation in recommending Dominique for any matter.” – Owner, e.Law International

“Dominique is a highly skilled specialist counsel in financial services and related matters, and able to draw upon her depth of experience to provide clear and practical advice.” – Partner, Hall & Wilcox Lawyers

“Dominique undertook a very lengthy and arduous legal defence that culminated in a successful outcome. Her "hands on" approach was of great assistance and help to those of us unfamiliar with the legal system.” - Director, Company Title Home Unit Corporation

”Dominique provided sound advice in a complex matter with impressive speed and expertise. I would highly recommend her services. She is reliable, accessible and will canvas numerous options for tackling unusual cases.” – Corporate Counsel, Telecommunications Corporations