1 PROFESSIONAL SUMMARY DOUGLAS JOHN CAMPBELL QC Qualifications Masters of Law (LLM) Cambridge University, England Bachelor of Laws (LLB) University of Queensland Bachelor of Arts (BA) University of Queensland History Current (from 2004) Senior Counsel/Queens Counsel Current (from 2004) Chairman Pupillage Committee Bar Association of Queensland The Pupillage Committee manages the first year of practice of a barrister in Queensland. It oversees the academic and practical studies for junior counsel. Current (from 1999) State Committee member Cambridge Commonwealth Trust This Committee annually selects and awards a number of PhD scholarships to the University of Cambridge, England. Current (from 1987) M ajor, Australian Arm y Legal Corp Current (from 1985) Private Practice as a Barrister 2005 – 2009 Chairman Professional Standards Committee This Committee, formed in response to allegation of clergy abuse, regulates and monitors the standard of behaviour of employees of the Anglican Church in Queensland. As the inaugural Chair it was necessary to draft the protocols, framework and processes for the required standard of conduct and ensure their effective implementation, and where necessary, institute any disciplinary action or refer matters to the police for action. 1997– 1998 Council Member, Bar Association of Queensland The Counsel of the Bar Association of Queensland is the governing professional body for Barristers admitted in the State of Queensland. 1992 – 1996 Judges Representative, Queensland Barristers Board 1986 – 1987 Lecturer, University of Queensland Lecturer and Course Co-ordinator in Restitution at the University of Queensland. 1985 Commenced Private Practice as a Barrister 1983 Solicitor, Freehill, Hollingdale and Page, Sydney 1982 Associate to the Rt. Hon. Sir Harry Gibbs, Chief Justice of the High Court of Australia, Canberra 1982 Adm itted as a Barrister 2 Areas of Legal Practice • • • • • • • • • • Commercial Litigation Class Actions Administrative Law Personal Injuries Intellectual Property Equity Trade Practices Inquiries/Royal Commissions Corporations and Securities Real Property Papers Mr Campbell has presented papers at conferences nationally and locally, with topics including Intellectual Property Rights, Rectification of Contracts, Military Inquiries, Restitution, Injunctions, Damages under the Trade Practices Act, Judicial Review, Managed Investment Schemes and Security Regulations. He was a contributing author to “Equity Issues and Trends”, Malcolm Cope (ed). Some Selected Recent Cases Commercial litigation Lead Counsel in a number of class actions commenced in the Federal Court of Australia including: • Richards v. Macquarie Bank Ltd1. This matter concerned a claim against Macquarie Bank arising from the collapse of Storm Financial Ltd by about 1,100 storm clients. It was heard in Brisbane by Reeves J over 5 months. I was assisted by three junior Counsel. The case was heard jointly with a claim by ASIC. The issues concerned an unregistered managed investment scheme, claims for breach of contract, unconscionable conduct, and a claim for liability as a linked credit provider under s 73 of the Trade Practices Act. The matter has subsequently settled (subject to court approval) for $82.5 million dollars. • Lee v. Westpac Bank Ltd2. This matter also arose from the collapse of Storm Financial Ltd. It is a class action brought against Westpac based on its involvement with Storm. It is a continuing action likely to take 3 to 4 months to be heard by Dowsett J in the Federal Court in Brisbane. • Lee v. Bank of Queensland Ltd3. This action is a class action also arising from the collapse of Storm Financial. It is presently set down to be heard by Collier J in the Federal 1 2 3 Tracey Richards v. Macquarie Bank Ltd (Federal Court of Australia) QUD577 of 2010; Richards v. Macquarie Bank (No 2) [2012] FCA 1403; Richards v. Macquarie Bank (No 3) [2012] FCA 1523; Richards v. Macquarie Bank (No 4) [2013] FCA 438; Richards v. Macquarie Bank Ltd (No 5) [2013 FCA 1442; Australian Securities Investments Commission v. Richards [2013] FCAFC 89. Federal Court of Australia QUD 211 of 2013. Federal Court of Australia QUD 732 of 2012. 3 Court in Brisbane. Clarke v. Sandhurst Trustees Ltd4. This is a class action brought in the Federal Court • against Sandhurst who was a corporate trustee of a debenture fund. It is presently on the list of Greenwood J in the Federal Court in Brisbane. Westpac Banking Corporation v. Knight Property Investments No.3 Pty Ltd5. This action • concerns a loan made by Westpac secured by a development site on the Gold Coast. It is presently part heard by P Lyons J in the Supreme Court in Brisbane. I have acted in a number of intellectual property cases in the Supreme and Federal Court including Mizzi Family Holdings Pty Ltd v. Morellini6 and Digga Australia Pty Ltd v. Norm Engineering Pty Ltd7. Military Commissions I have been Counsel assisting the HMAS Success Commission of Inquiry, conducted in Sydney by the Hon Roger Gyles QC, a retired Federal Court Judge. I have also acted as Counsel for affected parties in a number of other military inquiries. These have included hearings and investigations into the death of military personnel arising from training and other incidents. I appeared as prosecutor in a number of military “bastardisation” cases. Commercial and Government matters I have acted for: • the State of Queensland in Pioneer Concrete v. State of Queensland8 (a price-fixing case commenced under the Trade Practices Act); and • the Commonwealth, in a large number of on-going Supreme Court cases arising from defects associated with the F111 aircraft. These actions concern personal injury, product liability against the manufacturer, and claims under an indemnity clause for work undertaken by a contractor. I have a strong practice in real property and equity. An example is Portland Downs Pastoral Company Pty Ltd v. Great Northern Developments Pty Ltd9, which involved waiver and estoppel arising in a joint venture to redevelop a residential resort on the Sunshine Coast and on appeal. I have acted for the Commonwealth Director of Public Prosecutions in a number of national and 4 5 6 7 8 9 Federal Court of Australia QUD 804 of 2013. Supreme Court of Queensland 7887 of 2009. Federal Court of Australia [2013] FCA 1435 Dowsett J. Federal Court of Australia [2007] FCA 761 Greenwood J; Digga Australia Pty Ltd v. Norm Engineering Pty Ltd [2008] FCAFC 33. Federal Court of Australia. Supreme Court of Queensland [2011] QSC 142. 4 international matters involving the disclosure of documents in criminal matters and extraditions. Retained by the State of Queensland to act in all matters regarding the taking of evidence on behalf of a foreign court pursuant to a letter of request (letters rogatory). Counsel for the State of Queensland in Stephenson v. State of Queensland10. This matter concerned the construction of a statute which permitted a plaintiff to extend the statutory limitation period in which to commence a personal injuries action. Indigenous cases Mr Campbell has acted for a number of aboriginal communities including: • the Hope Vale and Wujal Wujal aboriginal communities in the mediation of the aboriginal underpayment of wages claims; • the Hope Vale Aboriginal Shire Council in an administrative review application seeking a new grantee of the Hope Vale Deed of Grant of Land in Trust11; • the Kowanyama and Aurukun Shire Councils in an administrative review relating to a liquor licence12; and • a number of parties (including the Hopevale Aboriginal Shire Council) in a Federal Court application under the Judicial Review Act to set aside the registration of an ILUA at Hopevale. This matter was heard by Dowsett J and a decision is pending13. Personal Details Mr Campbell was born in Brisbane on July 13, 1959. He graduated from Geelong Grammar School and the University of Queensland in Law and Arts (double major in Japanese). I completed my Masters of Law at Cambridge University, England. He studied at the Queensland Conservatorium of Music, and was awarded AMusA. Mr Campbell was appointed Associate to Sir Harry Gibbs, Chief Justice of the High Court of Australia, in Canberra in 1982. He then worked as a solicitor at Freehills, Sydney prior to being awarded a scholarship to Cambridge University where I completed a Masters of Law in 1984. He returned to Brisbane in 1985 and commenced private practice as a barrister. He was appointed Senior Counsel in 2004. 10 11 12 13 [2004] QSC 225; High Court of Australia (2006) 227 ALR 17. Gibson v. Minister for Finance [2012] QSC 132. Aurukun Shire Council v. Liquor Licensing Commission (Supreme Court Jones J [2008] QSC 305, the Court of Appeal Aurukun Shire Council v. CEO Office of Liquor Gaming and Racing [2010] QCA 37, and application for special leave to the High Court). Federal Court of Australia QUD 602 of 2011. 5 Mr Campbell married Jane (nee Bayton) in 1996. He has three children, Isabella (16 yrs) and twin boys James and Lachlan (14 yrs). CONTACT DETAILS Level 18, Inns of Court 107 North Quay Brisbane, 4000 Queensland, Australia P: 07 3236 2598 M: 0408 770 153 F: 07 3236 2730 E: [email protected]