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Joseph Carney

e-mail jcarney@3sb.law.co.uk

Joseph has a broad commercial (advice, litigation and arbirtration) and Chancery practice involving particular expertise in commercial fraud, commercial contracts, shareholder disputes, insurance, professional negligence and trust disputes. 

Joseph practised for ten years at the Victorian bar in Melbourne, Australia, before being called in England in November 2004.  Joseph’s practice at the Victorian bar commonly involved large disputes in which he would appear either alone or as junior to leading senior counsel. 

Joseph has established a busy commercial practice in England since joining Chambers in 2005, which has been dominated by two substantial commercial arbitrations.

  • Notable recent cases

     

    From 2005 to 2007 Joseph acted on behalf of certain upper level excess insurers in a Bermuda form arbitration regarding the cancellation and coverage of policies potentially applicable to worldwide product liability lawsuits brought against a leading US pharmaceutical company.

    From 2008 Joseph has acted in a substantial ad hoc arbitration regarding breaches of fiduciary and contractual duties (including the diversion of business opportunities) arising out of a business venture in the Republic of Kazakhstan.

    Joseph has also appeared in the following notable cases:

    • Michael Wilson & Partners Ltd v Nicholls and ors [2009] NSWSC 1033.  Employees; Breaches of Fiduciary Duties and Dishonest Assistance; Misappropriation of Business Opportunities (AIM Listings); Remedies
    • Emmott v Michael Wilson & Partners Ltd [2009] EWHC 1 (Comm): the first reported decision on the Court’s powers under s. 42 Arbitration Act 1996 with regard to enforcement of a peremptory order made by a Tribunal.
    • Levy v Harpur [2004] VSC 24. Joseph acted for the executors of an estate where questions regarding the validity and effect of the will and certain trust instruments were raised, in particular whether a deed of trust allegedly executed by the testator was effective to effect a gift of property worth in excess of A$20 million where the deed contained a future commencement date
    • Hosking v Ipex Software Services Pty Ltd [2004] VSC 299.  Joseph acted for the defendants in an assessment of damages for breach of an agreement to give the plaintiff 5% of the equity in a business which was subsequently the subject of a reverse takeover offer by a public company
    • Nauru House Litigation [2004]. Joseph acted for the defendant in an assessment of damages for wrongful termination in the second year of a 15 year facilities management and equipment procurement agreement for a 54 story office tower.
    • Briar Hill Litigation [2003/4]. Joseph acted for a minority shareholder and beneficiary in trading and property holding companies and trusts where issues of oppression and the mala fides exercise of a power of appointment by trustees arose.
    • Ipex Software Services Pty Ltd & Ors v Hosking [2000] VSCA 239. Joseph acted for defendants in a matter dealing with the enforceability of an agreement to issue equity in businesses held through a series of companies and discretionary trusts.
    • Lurgi (Aust) Pty Ltd v Ritzer Gallagher Morgan Pty Ltd [2000] VSC 277 and Lurgi (Australia) Pty Ltd v Gratz [2000] VSC 278.  Joseph acted for a large civil engineering firm in relation to recovery of assets and related claims arising out of frauds committed by their managing director and chief financial officer including dishonest assistance claims against the CFO's personal accountant and various subcontractors. 

     

     

  • Seminars and lectures

    Joseph lectures on all aspects of his practice both in chambers and at venues around England and Wales (including his solicitors’ offices). Recent talks include:

    • 3 Stone Buildings BVI Seminar:  Ex parte appointments of Receivers
    • Arts and Law Seminar:  Subjective and Objective Standards of Good Faith
    • Witness Statements
    • Derivative Actions