Andrew Combe

Andrew is an experienced barrister who was called to the Bar in 2005, having previously been a senior associate at Turks Legal. Andrew has a Bachelor of Laws and Masters of Laws (Corporate and Commercial) from the University of New South Wales. Andrew is a past lecturer in Commercial Law and the Law of Commercial Associations at the University of New England.

Since being called to the Bar, Andrew has developed a broad practice in criminal and civil litigation. Andrew has appeared in the NSW Workers Compensation Commission, Claims Assessment Review Service and Consumer, Trader & Tenancy Tribunal (now known as NCAT); the NSW Local Court, District Court and Supreme Court (including the Court of Appeal); the Federal Circuit Court of Australia, Family Court of Australia, Federal Court of Australia and High Court of Australia.

Andrew has been involved in many significant cases in commercial law, bankruptcy law, family law, insurance law and banking law. Andrew advises and appears for individual litigants; bankruptcy trustees and corporate liquidators; and corporate litigants including insurers, statutory corporations and statutory insurers.

Andrew is a member of the NSW Bar Association common law committee and has drafted submissions on law reform for submission by the NSW Bar Association to the NSW government.

Andrew has also been a regular presenter at legal conferences presented by the New South Wales Bar Association and at overseas legal conferences including in Italy. His seminar papers have been widely circulated amongst the legal profession.

Significant cases that Andrew has appeared as counsel for the successful party include the following:

Glad Cleaning Service Pty Ltd & Anor v Vukelic [2010] NSWSC 422: A worker who was overcompensated due a mistake by the workers compensation insurer was held liable by the Supreme Court to make restitution to the workers compensation insurer pursuant to the principles of unjust enrichment.

Roderick May Sutherland as trustee of the property of Barry Paul Pescosta, a bankrupt v Jennifer Byrne Smith [2011] FMCA 632: a trustee in bankruptcy successfully applied to the Federal Magistrates Court as a bankruptcy court to set aside a transfer of property under a Binding Financial Agreement. Andrew appeared for the successful trustee in bankruptcy.

McDonald v Price [2011] NSWSC 70: Appeal to the Supreme Court from a judgment of the Local Court as to costs. The Supreme Court held that a Practice Note cannot override the operation of the Civil Procedure Act 2005 (NSW). Andrew appeared for the successful respondent to the appeal.

Permanent Mortgages Pty Ltd v MacFadyen [2012] NSWSC 130: Action by a mortgagee to enforce a mortgage was successful with the Supreme Court rejecting an argument by the mortgagor that a lender is in a fiduciary position or a owed duty of care to a customer. It was confirmed that fiduciary duties and common law duty of care to a borrower are not imposed on a lender unless the lender advised on the commercial venture the subject of the loan or assumed an obligation to advise on the commercial venture the subject of the loan. Andrew appeared for the successful mortgagee.

Rent Plus Ltd v Sorenson (No 2) [2013] NSWSC 67: Enforcement in the Supreme Court of a foreign judgment of the District Court of New Zealand under the Foreign Judgments Act 1991. Andrew appeared for the successful applicant.

Doble Express Transport Pty Ltd (administrator appointed) v John L. Pierce Pty Ltd [2016] NSWCA 352: Negligence in driving heavy vehicles on a fogbound highway with failure of a truck driver approaching an intersection to drive according to conditions. The trial and appeal required an analysis of the prevailing conditions at the time and confirmed the obligation of a truck driver to drive at a speed that enabled the truck to slow or stop to avoid an obstruction on the highway. An application for special leave to the High Court was refused. Andrew appeared at the trial, for the successful respondent on the appeal and for the successful respondent in the unsuccessful application for special leave to the High Court.

Papers which Andrew has presented or have been published include the following:

“Offers of Compromise under Rule 20.26 of the Uniform Civil Procedure Rules” presented at New South Wales Bar Association Personal Injury and Common Law Conference 11 March 2017.

“Admissibility of Parentage Testing Evidence in Family Law Proceedings” presented at Europe Asia Medico-Legal Conference, Lake Como, Italy, July 2016.

“Dealing with a Bankrupt, when is a discussion of objections to discharge a “threat”?” presented at National Practical Bankruptcy Congress 28 October 2015.

“Seminar on Discovery” presented at Young Lawyers’ Training Day, Sydney

“Financial Agreements under the Family Law Act” published in NSW Bar News, Autumn 2013

Andrew Combe Tel: (+612) 9235 3077 andrewcombe@wentworthchambers.com.au
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