Professional practice

Jackie has a broad practice spanning Chambers’ areas of expertise. She practises primarily in commercial litigation and arbitration, and in international disputes – encompassing public international law, the conflict of laws, and investor-state arbitration. Jackie appears regularly as counsel in the Commercial Court, the Chancery Division and in the County Court, and has had experience in arbitrations under the ICSID, ICC, LCIA and UNCITRAL Rules.

After graduating first in her year at the University of Western Australia, Jackie was elected as a Rhodes Scholar. She completed the BCL and an MPhil in Law, both with distinction, at the University of Oxford. She teaches and is a course co-ordinator at King’s College London, for a module on transnational litigation and conflict of laws.

Jackie qualified as a lawyer in Australia, and worked in the Western Australian government legal service. Before completing pupillage at Essex Court Chambers, Jackie was Associate to the Hon. Justice Kiefel, Chief Justice of the High Court of Australia.

Jackie is also an Assistant Editor of the European Human Rights Reports, published by Sweet & Maxwell.

 

Arbitration & related court applications

Acting (led by Graham Dunning QC) in an ICSID arbitration of a BIT claim concerning participants in a national aviation industry.

Appeared as junior counsel (led by Graham Dunning QC) in an LCIA arbitration concerning the validity of a shareholders’ agreement, minority shareholder rights, and Ukrainian law.

Instructed as junior counsel (led by Richard Millett QC) in an application to challenge arbitration awards under s 68(2)(d) of the Arbitration Act 1996.

Siddiqi v Marsfield Automotive Inc (led by Vernon Flynn QC): a Court of Appeal challenge to a decision by the Commercial Court not to grant a stay of proceedings on the basis of an arbitration agreement. The application for a stay had been made under s 9 of the Arbitration Act 1996.

Assistant to a Permanent Court of Arbitration tribunal, acting under the UNCITRAL Rules.

Banking & financial services

Assisted a Member of Chambers in preparing evidence for a judicial review application, acting for the Financial Conduct Authority, concerning sanctions for misconduct.

Assisted a Member of Chambers in preparing pleadings for a claim concerning alleged manipulation of share prices in order to obtain an unfair advantage under financial instruments.

Worked as a paralegal for the Banking and Finance team at Clayton Utz, a leading commercial law firm in Australia.

Commercial dispute resolution

Otello Corporation ASA v Moore Fréres & Co LLC [2018] EWHC 2347 (Ch) (led by James Collins QC): a successful claim before the Chancery Division for breach of a company’s articles of association and unfair prejudice by the majority shareholder in a company.

Marsfield Automotive Inc v Siddiqi [2017] EWHC 187 (Comm) (led by Vernon Flynn QC): successfully resisted an application for summary judgment of a claim for restitution of unjust enrichment, in the Commercial Court.

Instructed as junior counsel in multiple cases in the Chancery Division, including a shareholders’ dispute and an international dispute involving claims of misuse of joint banking facilities.

Appeared as sole counsel in numerous trials and applications in the County Court, especially in cases concerning banking and financial services, and breach of contract.

Instructed as sole counsel provide advice in numerous commercial disputes, including a dispute concerning misrepresentations in an auction, and a claim for breach of an exclusivity agreement.

Conflict of laws & private international law

Appeared as junior counsel (led by Graham Dunning QC) in an LCIA arbitration concerning the validity of a contractual choice of law in a shareholders’ agreement.

Assisted with applications for service out on a foreign service, and challenging leave to serve out on a non-EU domiciled defendant.

Course co-ordinator and lecturer for a module in conflict of laws and transnational litigation for the LLM at Kings College, London.

Human rights & civil liberties

Currently completing a Doctor of Philosophy in Law at the University of Oxford, concerning Article 7 of the European Convention on Human Rights (prohibiting retroactive criminal laws and criminal punishment). In 2013, completed a Master of Philosophy in Law (with distinction), defending and explaining the European Court of Human Rights’ decision in SW and CR v UK.

Worked as an associate to the Hon. Justice Kiefel of the High Court of Australia, assisting with the hearing of many cases concerning a constitutionally protected right to freedom of political communication.

Assisted the State Counsel and the State Solicitor for Western Australia in providing advice on international conventions, including especially the Convention on the Rights of the Child.

Worked as a research intern at Human Rights Watch in Washington, DC. Provided research into the rights of persons accused of terrorist offences, focusing especially on fair trial rights under instruments such as the Inter-American Convention on Human Rights.

Insurance & reinsurance

Acted (led by Richard Millett QC) in an application to challenge arbitration awards about a dispute under the Bermuda Form.

Assisted a Member of Chambers in preparing for an arbitration concerning an industrial accident causing environmental damage.

Public & administrative law

R (Webster) v Secretary of State for Exiting the EU [2018] EWHC 1543 (Admin) (led by Hugh Mercer QX): a judicial review application heard by the Divisional Court, challenging the validity of the UK Government’s notification of withdrawal from membership of the EU.

Assisted counsel in applying to the Supreme Court for permission to intervene in R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union, on behalf of European citizens living in the United Kingdom.

As a member of the Western Australian government legal service:

  • TEC Desert v Commissioner of State Revenue (2010) 241 CLR 576 (assisting senior counsel in the High Court of Australia): a case concerning issues of taxation law, mining law, and the distinction between fixtures and chattels;
  • Arnold v Minister Administering the Water Management Act 2000 (2010) 240 CLR 242 (assisting senior counsel in the High Court of Australia): a case concerning water rights and the constitutional requirement that private property be compulsorily acquired by the state on just terms;
  • Apache Northwest Pty Ltd v Agostini (2009) 177 FCR 449 (assisting senior counsel in the Federal Court of Australia): a case concerning the use to which a government investigator could put documents that had been compulsorily obtained;
  • Apache Northwest Pty Ltd v Agostini [2009] WASC 225 (assisting senior counsel in the Supreme Court of Australia): a case concerning procedural fairness in the publication of a government investigator’s report;
  • Prepared advice on questions involving administrative law, the interpretation of statutes, court procedure, constitutional law, election law, environmental law and climate change mitigation schemes, human rights law, mining and energy law and native title

Taught administrative law and constitutional law at the University of Western Australia.

Public international law

Instructed in an ICSID arbitration on a BIT claim alleging breaches of fair and equitable and national treatment obligations, discrimination, and expropriation, with respect to participants in a national aviation industry.

Instructed as junior counsel to advise a State on issues concerning the UN Convention on the Law of the Sea, and questions of sovereignty over overseas military bases.

Assisted counsel in preparing advices on the law of international organisations, employment rights in international organisations, and standing in public international law.

Assisted Vaughan Lowe QC to prepare for giving evidence to a House of Lords sub- committee, on a question of acquired rights under public international law.

Assistant to a Permanent Court of Arbitration tribunal, acting under the UNCITRAL Rules.

Worked as a research assistant to the Western Australian Inspector of Custodial Services, examining compliance with the Optional Protocol to the Convention Against Torture.

Coach and Faculty Advisor for the University of Western Australia’s team in the Philip C Jessup International Law Moot Court Competition, competing in the Australian regional rounds and the international rounds.

 

 

Revenue law (including VAT, IPT, duties & excise)

Assisted a Member of Chambers to prepare for litigation concerning the meaning of a supply under VAT law.

Assisted the State Counsel for Western Australia to prepare for litigation concerning the assessment of stamp duty on a licence and sale agreement relating to power generation and distribution networks: TEC Desert v Commissioner of State Revenue (2010) 241 CLR 576.

Shipping & admiralty

Assisted a Member of Chambers to prepare for applications in litigation involving shipping insurance.

 

Career

2016: Tenant at Essex Court Chambers

2015-2016: Pupillage, Essex Court Chambers

2015: Called to the Bar at Inner Temple

2014-2015: Associate to the Hon. Justice Kiefel, High Court of Australia, Canberra 2012: Research Intern, Human Rights Watch, Washington DC

2011: Articled Clerk, State Solicitor’s Office for Western Australia

2009-2011: Legal Research Assistant to the State Solicitor and State Counsel for Western Australia

2008: Research Assistant to Western Australian Inspector of Custodial Services, focusing on compliance of prison systems with the Optional Protocol to the Convention Against Torture

Education

2013: Master of Philosophy (Law), Magdalen College, Oxford (Distinction)

2012: Bachelor of Civil Law, Magdalen College, Oxford (Distinction, with distinctions awarded in all subjects)

2009: Bachelor of Laws, University of Western Australia (First class, ranked first in year)

2011: Bachelor of Arts (Political Science), University of Western Australia (First class)

Awards

2014: Winner, Shearman & Sterling University of Oxford Moot Competition

2010: Rhodes Scholar for Western Australia

2010: J.A. Wood Memorial Prize for most outstanding humanities graduate at the University of Western Australia

2010: Jean Rogerson Honours Studentship (political science and international relations) for highest ranked honours student

2010: Frank Edward Parsons Prize in Law for outstanding leadership and service

2009: Malleson Stephen Jaques Prize for best law honours dissertation

2009: Jean Rogerson Honours Studentship (law) for highest ranked honours students

2009: Jackson McDonald Mooting Prize

2009: Mannkal Foundation Honours Scholarship (law)

2009: Advanced Constitutional Law Prize

2008: Public International Law Prize

2008: Australian and New Zealand Society of International Law Internship Award

2008: Champion, University of Western Australia Open Mooting Competition

2007: Constitutional Law Prize