Anthony Lo Surdo SC
Head of ChambersCONTACT DETAILS
Phone: (+61)(02) 9223 3181
Fax: (+61)(02) 8028 6063
Email Anthony Lo Surdo
Visit WebsiteCLERK: Bob Rymer
Phone: (+61)(02) 9232 4016
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Email Rowan O'DonnellDownload CV
Silk: Appointed Senior Counsel on 6 October 2011
Barrister: 9 August 1996
Solicitor: 3 July 1987
Admitted in NSW, Victoria and Queensland and eligible to appear in all States and Territories of Australia
Degrees and accreditations
BA (University of Sydney, 1985)
LLB (University of Sydney, 1987)
LLM (University of Sydney, 1996)
Acc. M. LEADR (1993)
National Accredited Mediator (The NSW Bar Association, 2008)
Arbitrator (Bar ADR, 2010)
Expert Determiner (Bar ADR, 2010)
LEADR Advanced Mediator Accreditation (2013)
Arbitrator and Mediator, Court of Arbitration for Sport (2016)
Australian Centre for International Commercial Arbitration (ACICA) Fellow (2016)
Resolution Institute, Fellow (2016)
International Mediation Institute, Certified Mediator (2017)
Singapore International Mediation Institute, Certified Mediator (2017)
- Administrative law
- Alternative Dispute Resolution (including mediation and arbitration)
- Banking, finance and securities law
- Commercial (including contract law)
- Consumer protection
- Corporations law
- Professional Indemnity
- Product liability
- Representative proceedings
- Sports law
Anthony has a broad practice both at trial and appellate level spanning diverse areas including alternative dispute resolution, commercial, equity, corporations, insurance law, professional indemnity, property and sports law. He has a particular interest in banking and insolvency in respect of which he has written extensively and has been named in “Doyle’s Guide to the Australian Legal Profession” in 2011 and again in 2015, 2016 and 2017 as one of Australia’s leading insolvency and restructuring barristers.
Anthony is accredited as an advanced mediator, arbitrator and expert determiner.
He has advised and/or has appeared for:
The ACT Government.
Applicants and Group Members in class actions including arising out of the collapse of Storm Financial Pty Ltd (in liq) and Westpoint Corporation (in liq).
ASIC in relation to breaches of continuous disclosure provisions, breaches of market manipulation requirements, misleading and deceptive conduct and unconscionable conduct, and disciplinary proceeding involving insolvency practitioners.
Banks and other financial institutions in relation to the enforcement of security interests (including mortgages, registered security interests in personal property and guarantees) and in relation to banker/customer disputes (including conversion of cheques and cheque law generally, authorities to transact on accounts and issues that have arisen in relation to safety deposits).
Creditors of insolvent companies and individuals.
Directors in relation to breach of directors’ duties and insolvent trading claims, which are the subject of public examination by insolvency administrators and/or investigations by the ASIC.
Insolvency administrators (voluntary administrators, receivers, trustees in bankruptcy and liquidators) as regards a multitude of issues that often arise in the course of an administration including applications to the Court in relation to the operation of Part 5.3A of the Corporations Act 2001, proceedings under Part 5.6 of the Corporations Act 2001 (including proceedings to set aside statutory demands and contested applications to wind-up companies), proceedings under Part 5.7B of the Corporations Act 2001 (including proceedings for the recovery of compensation for unfair preferences and other uncommercial transactions and for insolvent trading by directors) and proceedings under Part 5.9 of the Corporations Act 2001 relating to the examination of officers and other persons in relation to the examinable affairs of a corporation.
Insurers in relation to indemnity issues generally, professional indemnity (including advising and appearing in defence of surveyors, architects, valuers, brokers, town planners, builders and lawyers) and product liability.
Lessors (including major shopping centre proprietors) and lessees in relation to disputes which have arisen between them (including proceedings for possession and for relief against forfeiture).
Vendors and purchasers of land, builders and developers.
Corporations and individuals in relation to contractual disputes (including share sale agreements and agreements for the sale of interests in other personal property).
Sporting clubs and associations.
Further details about Anthony’s practice, including his publications and appointments can be found in his CV.
Anthony is accredited as an advanced mediator by Resolution Institute (formerly LEADR). He is also accredited the New South Wales Bar Association under the National Mediator Accreditation System Standards (NMAS).
As part of his ongoing commitment to excellence in mediation, in 2017 Anthony attained certification as a mediator by the International Mediation Institute (IMI) and the Singapore International Mediation Centre (SIMI) and in doing so joins a select number of mediators in Australia to achieve that qualification.
In recognition of his specialist knowledge of mediation and sports law, in January 2016, Anthony was appointed by the International Council of Arbitration for Sport (ICAS) as a mediator of the Court of Arbitration for Sport (CAS).
Anthony has been a member of the Supreme Court and District Court’s Mediator Panels for several years. He is also a member of the mediation panels of the Australian Centre for International Commercial Arbitration (ACICA) and the Arts Law Centre of Australia.
Anthony has acted as mediator in a vast array of matters since he was first accredited in 1993. He uses his experience as both senior counsel and as a mediator to quickly identify the issues and to gain an understanding of the position of each party in the mediation so as to assist in facilitating a fair and efficient resolution to a dispute.
Anthony’s work as a mediator includes:
Corporations law disputes including claims arising from insolvency
Disputes between joint venturers
Disputes between lenders and valuers involving allegations of negligent property valuation
Claims involving alleged negligence by lawyers
Claims involving the alleged negligence of town planners
Claims involving the alleged negligence accountants
Claims against investment advisors including financial planners
Claims involving damages for personal injury
- Sporting disputes
“Your hard work, patience and perseverance was greatly appreciated and yielded a great result.” Senior Junior Counsel at the NSW Bar
“I really appreciated your help with what appeared for a long time to be an intractable matter for which settlement was impossible.” Partner of a mid-sized Sydney CBD firm
"Thank you for your perseverance and powers of persuasion...we will keep you front of mind for future matters." Partner of a National Law Firm
“Thank you for your assistance in this matter. I will definitely put you on my recommended list of mediators.” Head of Litigation and Dispute Resolution of a major Australian insurer.
"I must declare I was impressed and totally blown away by the management of the mediation by [Anthony] ... [he] was honest, forthright, and his dogged, gentle but astute goading of the parties to narrow their differences was the epitome of what a competent mediator should strive to achieve. I was starting to lose faith in ADR and certainly I had no expectations going into it yesterday but [he] brilliantly maneuvered a masterful result and I am lost for words" - Solicitor at a suburban law practice.
"[S]killed facilitation and mediator skills ... that culminated in the result" Principal at a national law firm
"I appreciated [his] effort to resolve the dispute in a very efficient way ... I was very impressed with [his] mediation skills" - Solicitor at a suburban law practice
"The proceedings are settled. [Anthony's] assistance was instrumental in enabling the parties to reach this point." - Senior Associate of a national law firm.
"This was a tough mediation. There were so many obstacles to settlement so the fact that the parties achieved a resolution is a credit to Anthony." - Partner of a specialist insurance firm.
"Our confidence in Mr Lo Surdo proved to be well placed. Whilst the matter did not settle at mediation on the day, it settled shortly after. In my opinion the settlement of the dispute (which had been the subject of 2 previous rounds of difficult negotiations) occurred in consequence of Mr Lo Surdo's assistance as Mediator.
"Mr Lo Surdo's conduct of the mediation facilitated circumstances in which the convergence of opinion on questions of fact and law was facilitated, principally by him." - Partner of a National Law Firm.
The matter settled. [Anthony's] involvement and approach was in my assessment integral to achieving that outcome" - Principal of a leading commercial law firm.
Selected cases in which Anthony has appeared include:
Proceedings involving, in part, the construction of an option deed to purchase land.
An application for directions involving title to goods, equitable liens and the entitlement of administrators to levy a charge in relation to the costs of administering stock.
An application for grant of leave by a shareholder to bring proceedings in the name of the company against a director pursuant to s 237 of the Corporations Act, 2001 (Cth).
An application which, in part, considered the standing of directors against whom indemnity is sought under s 588FGA of the Corps Act, 2001 (Cth) to oppose an application by a liquidator for leave to amend pleadings. The judgment also provides a useful commentary on Rule 8.21 of the Federal Court Rules 2011.
An application to dismiss proceedings as an abuse of process.
- Snowsil v Triathlon Australia (2012)
An appeal by World Champion Emma Snowsill against her non-inclusion in the Australian Olympic Team.
An appeal against a decision by ASIC banning a financial planner for 7 years.
Construction of a deed recording the basis upon which a party would assist companies and their receivers in prosecuting proceedings against certain parties.
An interlocutory application to stay the operation of orders by which proceedings were settled by consent on the first day of a hearing involving, in part, a consideration of the authority of counsel to bind a party.
An application for an order for the payment out of moneys in an interpleader action and security for costs in a related proceeding.
An appeal involving a consideration of damages for the loss of a chance of acquiring a policy with a particular deductibles provision.
An application for summary judgment where the defendant claimed that the Bank had engaged in conduct which amounted to the breach of a collateral contract and which gave rise to a promissory estoppel.
An appeal against a decision of ASIC banning a stock broker for 7 years.
Application for access to confidential affidavits filed pursuant to s 596C(1) of the Corporations Act.
Defence of a claim in negligence and for misleading and deceptive conduct against an insurance broker.
An appeal against a decision by ASIC concerning the disclosure requirements of the Corporations Act.
The construction of a performance (deposit) bond and, in particular, whether strict compliance is required.
The Court considered the operation of the principles of economic duress and whether it operated to vitiate a party’s obligations under a share sale agreement and guarantee.
A consideration of the circumstances in which a Court will restrain by injunction the severance of a joint tenancy pursuant to section 97 of the Real Property Act, 1900.
- Grossman v E Katz Manufacturing Jewellers (ACT) Pty Ltd and Ors (2004) 52 ACSR 198;  NSWSC 1224
Application by a provisional liquidator of a company which administered a trust fund for directions as to his entitlement to satisfy his costs and expenses relating to the administration of that trust fund from the fund itself.
Proceedings in which the Court considered the manner in which a liquidator, acting as a trustee, is required to distribute a fund which consists of a mix of beneficiaries’ funds, and which is insufficient to meet each of the claims on that fund.
- Dean-Willcocks v Yeshiva Properties No. 1 Pty Ltd (prov liq appted) & Ors (2004) 48 ACSR 525
An application by a provisional liquidator who made application to the Court pursuant to sections 436B(21) and 448C(1) of the Corporations Act 2001 to appoint himself and his partner as administrators of the companies of which he and his partner were provisional liquidators.
- Southern Cross Interiors Pty Limited v Deputy Commissioner of Taxation (2001) 39 ACSR 305; (2001) 19 ACLC 1513; (2001) 53 NSWLR 213; and  NSWSC 621
Preference proceedings in which the Court considered what constitutes an inability to pay debts as and when they fall due, the construction of deeds of release and the circumstances in which a director may avail himself of the defence prescribed by section 588 FGB(5) of the Corporations Act 2001.
The appointment of a receiver to a partnership. The Court considered whether the winding up of a corporate partner constituted "bankruptcy" for the purposes of the Partnership Act.
- In the matter of Ricon Constructions Pty Limited (in liquidation) and the Corporation Law (1997) 43 NSWLR 174
The decision examines the operation of sections 447A and 1322 of the Corporations Law especially as those sections apply to an application by a liquidator to extend the period within which a second meeting of creditors is to be held, where the application was brought after the time for convening the meeting had passed.
- The Commissioner of Australian Federal Police & Anor v Propend Pty Limited (1997) 141 ALR 545
In this matter the High Court established that legal professional privilege can extend to copy documents even though the originals may not attract the privilege.
- Westpac Banking Corporation v Kingsland (1991) 26 NSWLR 700
Proceedings in which the Court considered the duty of care owed by a bank to Guarantors.
- In re Qintex Limited (No 1) and (No 2) (1990) 8 ACLC 811
An application on behalf of a creditor to appoint a provisional liquidator to Qintex Limited.