EXPERIENCE/CV
PHILIP CARR - MEDIATOR AND ARBITRATOR

PRACTICE AREAS AS COUNSEL
- Insurance disputes
- Reinsurance disputes
- TPD and Life insurance claims
- Financial lines claims
- Insurance related litigation, including claims in professional negligence (solicitors, real estate agents, project managers, engineers, nurses, hospitals and medical practitioners), construction and building disputes, product liability, general liability claims (hotel and security related disputes), motor accident/CARS assessment claims and Work Injury Damages claims
- Equity/Family Provision/Succession Act/ Injunctions
- Commercial Law
- Trade Practices/Australian Consumer Law related disputes
- Partnership and Joint Venture disputes
- Common Law claims
- Mediations, Arbitrations, Expert Determinations, Neutral Evaluations and Restorative Justice Facilitations
- Administrative/ Migration Law
- Inquiries – APRA, ASIC, ACCC, ICAC, Coronial Inquests, NSW Ombudsman and Special Commissions.

CERTIFICATIONS:
1. NSW Bar Certification as a mediator
2. Victorian Bar Certification as a mediator
3. NSW Bar Association Australian Practising Certificate

EDUCATION
The University of Sydney
1980 – Bachelor of Arts
1982 – Bachelor of Laws

CERTIFCATES
1983 - Certificate in Practical Legal Training
2013 - Nationally accredited Mediator - Victorian Bar Association

ADMISSIONS
1983 - Admitted to practice as a Solicitor of the Supreme Court of New South Wales - practised as a solicitor for 21 years
1983 - Admitted to practice in the High Court of Australia
2004 - Admitted to the NSW Bar

EMPLOYMENT HISTORY
1980 - Associate to the Honourable Justice Robert St John, Federal Court of Australia, Sydney
1980-1981 Associate to the Honourable Justice John Kelly, Federal Court of Australia and ACT Supreme Court, Canberra

1984- 1986 Solicitor - NSW Legal Aid Commission (Sydney, Orange, Wollongong)
Areas of practice
- Appearing or instructing in criminal and administrative law matters:
- Committal hearings in the Local Court
-Trials (in the Local, District and Supreme Courts)
- Sentencing hearings (Local, District and Supreme Courts)
- Bail applications (Local, District and Supreme Courts)
- Appeals (criminal jurisdiction) to both the District and Supreme Courts
- Federal criminal proceedings (in the Special Federal Magistrates Court at Sydney)
- Hearings conducted in the AAT and the SSAT
- Mental health review hearings before the Mental Health Review Tribunal

1986–1986 Senior Legal Officer (Attorney General’s Department, Canberra)
Areas of practice
- Policy drafting and answering ministerial correspondence relating to legal aid
1986–1987 Solicitor (Legal Aid Commission)
Areas of practice
- Committal hearings in the Local Court
- Trials (in the Local, District and Supreme Courts)
- Sentencing hearings (Local, District and Supreme Courts)
- Bail applications (Local, District and Supreme Courts)
- Appeals (criminal jurisdiction) to both the District and Supreme Courts

1987–1990 Solicitor (Phillips Fox)
Areas of practice
- Professional negligence in the areas of Valuers/Real Estate Agents, Engineers, Architects and Solicitors
- Liability of public authorities
- Product liability
- General liability
- Insurance policy advices

1990-1996 Partner (Watkins Tapsell)
Areas of practice
- Professional negligence in the areas of Surveyors, Project Managers, Engineers and Insurance Brokers
- Commercial litigation
- Public liability

1996–2000 Partner (Hicksons)
Areas of practice
- Insurance law with particular emphasis on professional negligence in the areas of Insurance Brokers, Real Estate Agents, Engineers, Surveyors, Hospitals and Computer Consultants
- Insurance Contracts Act matters involving construction of the Act and general claims handling
- Insurance policy advices
- Liability of public authorities
- Trade Practices Act
- Commercial disputes

2000–2003 Partner (Hunt & Hunt)
Areas of practice
- Insurance law with particular emphasis on professional negligence in the areas of Educational Institutions and general liability claims.
- Reinsurance
- Trade Practices Act

2004 – To date Barrister at Law – 5 Wentworth Chambers, Blackstone Chambers and Edmund Barton Chambers.

APPOINTMENTS HELD
- Nationally accredited mediator - 2013 to date
- Expert Determiner - NSW Bar Association - 2010 to date
- District and Supreme Court appointed arbitrator - 2013 to date
- Personal Injury Commission appointed Mediator - 2014 to date
- Facilitator – Defence Force Ombudsman - 2017 - 2020
- Facilitator - National Indigenous Australians Agency - 2023 to date
- Member of the Bar Association ADR Committee - 2016 - 2018
- Court appointed mediator for the Federal Court of Australia (native title jurisdiction) - appointed May 2010 - 2013
- Past Member of the Arbitration Committee of the Law Society
- Past Chairman of the Education and Seminars Committee of the Australian Insurance Law Association and Committee Member of the Australian Insurance Law Association - 1995 - 2000
- Past Member of the Australian Insurance Institute and the Australian Insurance Law Association - 1990 - 2011.
- Past Accredited Specialist in both Commercial Litigation and Advocacy (Commercial Litigation)
- Past Early Neutral Evaluator for the Supreme Court of NSW - 2000 - 2004
- Past Arbitrator of the District and Supreme Courts of NSW - 2000 - 2004
- Past Court Appointed Mediator of the Dust Diseases Tribunal - 2000 to 2004
- Past Member of a Professional Conduct Committee of the NSW Bar Association - 2007 – 2009

EXAMPLES OF REPORTED CASES
Condon and Anor v Commissioner of Taxation and Ors [2004] NSWSC (14 June 2004) – pleading/procedure under the Corporations Act.
SZPCW v Minister for Immigration and Multicultural & Indigenous Affairs [2005] FCA 3 May 2005 – administrative law error.
Thermasorb Pty Ltd v Rockdale Beef Pty Ltd [2005] NSWSC (19 April 2005) – interstate transfer and consolidation of proceedings.
Fostif Pty Ltd v Campbells Cash & Carry Pty Ltd [2005] NSWCA 83 (31 March 2005) – champerty and procedure.
Bassindale v Western Area Health Service [2006] NSWSC (12 July 2006) – interrogatories and oppression.
SZFWZ v Minister for Immigration & Multicultural Affairs [2007] FCA (21 February 2007) – administrative law error.
SZJCM V Minister for Immigration & Citizenship [2007] FCA (26 February 2007) – administrative law error.
SZIWW v Minister for Immigration & Citizenship [2007] FCA (26 February 2007) – administrative law error.
SZGZH v Minister for Immigration & Citizenship [2007] FCA (4 April 2007) – administrative law error.
Yerbury v Macquarie University [2007] NSWSC (15 June 2007) – undertakings as to confidentiality.
Bell v Veigel; Bell v Broughton; Broughton v Veigel [2008] NSWCA 36 (20 March 2008) – adequacy of reasons.
Kennett and Anor v Mayrana Pty Ltd and Ors (No 9) [2008] NSWIRCOMM 106 – unfair contracts and expert evidence.
Davis v Veigel; Davis v Broughton; Bell v Veigel; Bell v Broughton [2011] NSWCA 170 (29 June 2011) – the adequacy of reasons, primary judge's findings credit-based - whether alleged errors in primary judge's reasoning sufficient to vitiate decision and pleadings issue - UCPR r 14.14(2)(a).
Tapp v LawCover Insurance Pty Ltd [2013] FCA 35 - bankrupt’s right to indemnity under insurance contract for outstanding judgment debt vests in Trustee in bankruptcy – where creditor had sole beneficial interest in proceeds of any right to indemnity held by the bankrupt under a contract of insurance vested in trustee under s 117 of the Bankruptcy Act 1966 (Cth).
ACCC v Renegade Gas and Ors [2014] Federal Court of Australia – cartel conduct and penalty hearing.
Young v King (No. 8) [2015] NSWLEC 187 (1 December 2015) - applications for summary dismissal of costs claims made by an unsuccessful party against a number of non-parties.
Lodin v Lodin [2017] NSWCA 327 – ex spousal claim pursuant to s59(1)(b) the Succession Act (2006).
Wilson v Stern [2018] NSWCAT – negligence and misleading and deceptive conduct by a solicitor.
Lodin v Lodin [2018] HCASL 85 – application for special leave.

EXAMPLES OF PAPERS/SEMINARS PRESENTED
“Pleadings – some observations” Australian Lawyers Alliance Conference, Sanctuary Cove, October 2009.
“Drafting in Civil Litigation” Legalwise Seminars, March 2007.
“The Preparation of Expert witnesses, exploring ethical issues” Legalwise Seminar, March 2006.
“Terrorism risk cover – a significant development” Lloyds Market, London, March 2003.
“The Civil Liability (Personal Responsibility) Act 2002” Lloyds Market, London, December 2002.
“Reinsurance – Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 NSW” Lloyds Market, London, May 2002.
“Recent cases touching upon the Insurance Contracts Act” Lloyds Market, London, May 2002.
“Legislative Reform of Tort Law in Australia” Lloyds Market, London, May 2002.
“Recent decisions on prejudice under the Insurance Contracts Act” Hunt & Hunt Solicitors, October 2001 and to the Lloyds Market, London, November 2001.
“How an insurer can prove prejudice” Professor Kenneth Sutton Insurance Lectures, June 2001.
“Proportionate Liability” College of Law, Legalwise Seminars, University of NSW, University of Newcastle, Newcastle Law Society and Australian Lawyers Alliance 2010, 2011, 2012 and 2013.
“Obtaining the best outcome for your client at mediation” Legalwise Seminar, August 2014 and NSW Bar Association, March 2017.
“Lodin v Lodin – the lessons learnt” NSW Bar Association, July 2018, City of Sydney Law Society, November 2018, and 16th Annual Succession Law Symposium, March 2019.