Professional practice

Ed’s practice focuses on commercial litigation & international arbitration, civil fraud, insurance and professional negligence. He has substantial experience of large-scale commercial litigation and arbitration conducted under a range of arbitral rules.

Ed joined chambers in 2023 with over 8 years of experience as a leading commercial junior in Australia. Prior to that, Ed was an associate at Freshfields Bruckhaus Deringer in London where he worked on a range of financial services, regulatory and arbitration matters. Ed has acted as sole counsel and as part of larger counsel teams in high value commercial disputes, international arbitrations, injunctions, class actions, regulatory matters and commissions of inquiry. Since 2020, Ed has been recognised annually in Doyle’s Guide as a leading commercial litigation and dispute resolution junior barrister in Victoria, Australia.

Examples of Ed’s recent and ongoing work as counsel in London include:

  • Acting on behalf of Deutsche Bank obtaining anti-suit injunctive relief in support of a foreign seated arbitration (with by P Key KC).
  • Acting for Hull all-risks re-insurers in the Russian aircraft aviation claims currently before the Commercial Court arising from alleged losses of aircraft following the Russian invasion of Ukraine and the imposition of Western sanctions (with J Lockey KC).
  • Acting in a substantial LMAA arbitration relating to the management of vessels and involving issues of Greek and Liberian law (with G Dunning KC and N Pillow KC).
  • Acting for re-insurers in confidential arbitral proceedings before Sir Bernard Rix (led by J Lockey KC).
  • Acting at the 3 day return date hearing for parties seeking the continuation of a freezing injunction in support of complex multi-jurisdictional proceedings abroad alleging fraud (with P McGrath KC, L Hutton KC and others).
  • Acting for administrators in a high-value LCIA arbitration against multiple Middle Eastern banks arising from a substantial fraud.
  • Acting for the UK subsidiaries of an international media group in a claim against their former auditor (with Huw Davies KC, David Walsh and Rebecca Akushie).

Acting in complex proceedings in the BVI in connection with a large scale fraud (with Paul McGrath KC, Nathan Pillow KC and others).

 

Arbitration & related court applications

Ed has experience in commercial arbitration and related court applications to set aside arbitral awards, including:

  • Acting in proceedings seeking anti-suit injunctive relief in support of a foreign seated arbitration (led by P Key KC).
  • Successfully resisted an injunction sought in the Chancery Division on the basis of (inter alia) the existence of an arbitration agreement (unled).
  • Currently instructed in a substantial LMAA arbitration concerning the management of vessels and involving issues of Greek and Liberian law (with G Dunning KC and N Pillow KC).
  • Currently acting for re-insurers in confidential arbitral proceedings before Sir Bernard Rix (led by J Lockey KC).
  • Acted in a London seated arbitration in a claim for business interruption losses arising from the COVID-19 pandemic (led by John Lockey KC).
  • Acted (led by JG Gleeson KC and A Dinelli) in a substantial commercial arbitration in Victoria, Australia between joint venturers.
Injunctions

Ed has substantial experience in urgent cases and claims for injunctive relief (including anti-suit relief, freezing orders and other injunctions). Ed’s recent experience in London includes:

  • Successfully resisting an injunction sought in the Chancery Division on the basis of (inter alia) the existence of an arbitration agreement (unled).
  • Acting in Commercial Court proceedings seeking anti-suit injunctive relief in support of a foreign seated arbitration (led by P Key KC).
  • Acting at the 3 day return date hearing for parties seeking the continuation of a freezing injunction in support of complex multi-jurisdictional proceedings abroad (with P McGrath KC, L Hutton KC and others).
  • Obtaining an ex parte freezing order arising from the alleged unlawful retention of monies (with Roderick Cordara KC).
Commercial dispute resolution

Ed has substantial experience of heavy commercial litigation in London and Australia. Examples of cases in which Ed has been instructed include:

  • Acting for shareholders seeking to recover losses arising from misrepresentations during a share placement.
  • Acting in proceedings seeking anti-suit injunctive relief in support of a foreign seated arbitration (led by P Key KC).
  • Successfully resisted an injunction sought in the Chancery Division on the basis of (inter alia) the existence of an arbitration agreement (unled).
  • Acting in a substantial LMAA arbitration concerning the management of vessels and involving issues of Greek and Liberian law (with G Dunning KC and N Pillow KC).
  • Aventus Cranbourne Thompsons Road v Home Consortium Leasehold Pty Ltd [2020] VSCA 199 – Victorian Court of Appeal – whether a commercial landlord of a large format retail centre acted reasonably in withholding consent to a sublease (led by W A Harris KC on appeal and J Karkar KC at first instance).
  • Finance & Guarantee Pty Ltd v Auswild [2019] VSC 664 (led by A Strahan KC) – acting for the first defendant in 6 week trial involving historic claims of fraud and breaches of fiduciary duty.
  • MWL Finance Group v Focus Australia Holdings LLC [2020] FCA 548 – acting for an American financial services firm resisting an application to restrain a general meeting of members (with J M Peters AM KC
  • Harplex Pty Ltd v Konstandellos (2018) 54 VR 174 – Victorian Court of Appeal – applicability of the common law rule governing joint obligations and whether release of one co-debtor releases all co-debtors who are jointly or jointly and severally liable for the same debt (unled).

Ed also has acted for claimants and defendants in class actions in Australia. For example:

  • Earglow Pty Ltd v Newcrest Mining Ltd (with W Harris QC and R Craig – instructed by Herbert Smith Freehills) acted for Newcrest in a securities class action relating to gold production (settled prior to trial).
  • Lay v Nuix & Ors [2022] VSC 479 (with WAD Edwards SC – instructed by Banton Group) – acted for plaintiff group members in a carriage dispute in securities class action against Nuix Ltd, Macquarie Group and others
  • Bogan v Estate of Peter John Smedley [2022] VSC 645 (discovery dispute) (with WAD Edwards SC – instructed by Banton Group) – acting for plaintiff group members in a securities class action against the former directors and auditor of Arrium Ltd.
Insurance & reinsurance

Examples of cases in which Ed has been instructed include:

  • Acting for Hull all-risks re-insurers in the Russian Aircraft claims currently before the Commercial Court (with J Lockey KC).
  • Acting for a US based policyholder in two substantial English seated arbitrations seeking coverage under two New York law governed excess liability policies (with P Stanley KC).
  • Acting for re-insurers in confidential arbitral proceedings before Sir Bernard Rix (led by J Lockey KC).
  • Advising on insurance issues relating to opioid epidemic in the US (led by D Scorey KC).
  • Ed acted for insurers in a London seated arbitration in a claim for business interruption losses arising from the COVID-19 pandemic (led by John Lockey KC).
  • Acted for National Australia Bank in proceedings against its insurers and re-insurers in respect of losses incurred by Clydesdale Bank and Yorkshire Bank arising from the sale of interest rate hedging products in the UK (with W A Harris KC and R Craig KC – instructed by Herbert Smith Freehills).
  • Acted for a multi-national construction and engineering firm in dispute with its insurer in connection with findings of fraud made in arbitral proceedings in Singapore (with P Solomon KC – instructed by Herbert Smith Freehills).
Professional negligence

Ed has considerable experience in professional negligence claims. He has recently acted for the claimants in in a claim against their former auditor (with Huw Davies KC, David Walsh and Rebecca Akushie). Other cases in which Ed has been instructed in Australia include:

  • ACN 115 918 959 Pty Ltd v Hoeys Lawyers Pty Ltd [2021] VSC 79 – acted for senior counsel and former Judge in complex professional negligence proceedings (led by D Collins KC).
  • Bodycorp Repairers Pty Ltd v Holding Redlich [2018] VSCA 17 – Victorian Court of Appeal – acted for the law firm in defending allegations of professional negligence (with P Solomon KC).
  • Dover Financial Advisors v HNLaw & Ors (S ECI 2020 01623) – acting for the fourth defendant in complex professional negligence proceedings against multiple legal firms and practitioners (unled).
Media, art, entertainment

Ed has recently appeared unled in Australia in two of the leading appellate cases on the rights of the media to access materials filed in Court and the principle of open justice: Lee v Deputy Commissioner of Taxation [2023] FCAFC 22 and Zhang v The Age Company [2023] ACTCA 10.

Career

2023: Tenant, Essex Court Chambers

2023: Called to the Bar England and Wales (Lincoln’s Inn)

2017: Sessional Teaching Fellow, University of Melbourne Law School

2015:  Called to the Bar Victoria, Australia

2012 – 2014: Associate in Dispute Resolution, Freshfields Bruckhaus Deringer LLP

2010: admitted as a solicitor, Victoria, Australia

Education

2010 – 2011: BCL, Lady Margaret Hall, University of Oxford (Distinction)

2004 – 2008: LLB (Hons) / BA (Political Science), University of Melbourne.

Awards

2016: winner of the 2016 ICLC Young COMBAR Competition

2011: read for the BCL as a recipient of Allan Myers Melbourne University Scholarship.

Publications

Philip Crutchfield QC, Robert Craig and Edward Batrouney, Korda v Australian Executor Trustees [2015] HCA 6: imputed trusts in a commercial context – Australia clarifies its approach, Trust and Trustees, Vol 22, Issue 4, May 2016.