Anthony Lo Surdo SC, FCIArb
CONTACT DETAILSPhone: (+61)(02) 9223 3181
Fax: (+61)(02) 8028 6063
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Admissions
Silk: Appointed Senior Counsel on 6 October 2011
Barrister: 9 August 1996
Solicitor: 3 July 1987
Educational and Professional Qualifications
Bachelor of Arts (University of Sydney, 1985)
Bachelor of Laws (University of Sydney, 1987)
Accredited Mediator (LEADR) (1993)
Additional Professional Qualifications
National Accredited Mediator (2008)
Arbitrator (2010)
Expert Determiner (2010)
Advanced Mediator (2013)
Fellow, Australian Centre for International Commercial Arbitration (2016)
Fellow, Resolution Institute (2016)
International Mediation Institute, Certified Mediator (2017)
Singapore International Mediation Institute, Certified Mediator (2017)
Fellow, Chartered Institute of Arbitrators (UK) (2020)
Grade 1 Arbitrator (2020)
- Administrative law
- Alternative Dispute Resolution (including mediation and arbitration)
- Banking, finance and securities law
- Commercial (including contract law)
- Consumer protection
- Corporations law
- Equity
- Insolvency
- Insurance
- Partnerships
- Professional Indemnity
- Product liability
- Property
- Representative proceedings
- Sports law
Anthony is an exponent of all forms of ADR and especially mediation, arbitration and expert determination.
He is experienced in conducting virtual or on-line mediations across various platforms including Zoom.
He is an advanced and nationally accredited mediator. He has been ranked by Doyles Guide to the Australian Legal Profession in 2018, 2019 and 2020 as a leading mediator.
Anthony is a Fellow of the Chartered Institute of Arbitrators and registered in the Australian Register of Practising Arbitrators as a Grade 1 Arbitrator. He is also registered as an international and domestic arbitrator by the National Court of Justice of Papua New Guinea.
He is regularly appointed as an arbitrator both domestically and internationally.
Anthony was ranked by Doyles in 2019 and 2020 as one of the country's leading arbitration Silks.
Although a general commercial Silk, he has been described by Doyles in 2011 and in 2015-2020 as one of Australia's leading insolvency Silks.
Further details about Anthony’s practice 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). He has also been ranked by Doyle’s Guide to the Australian Legal Profession as a leading mediator in New South Wales, 2018.
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 Institute (SIMI) and in doing so joins a select number of mediators in Australia to achieve that qualification and the only Silk.
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) and in February 2019 he was appointed to the mediation panel of Sport Resolutions (UK).
Anthony has been a member of the Supreme Court and District Court’s Mediation Panels for several years. He is also a member of the mediation panel of the Australian Centre for International Commercial Arbitration (ACICA).
Anthony has acted as mediator in a vast array of matters since he was first accredited in 1993. He has mediated well in excess of 200 complex disputes since 2009. 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:
Banking disputes
Contractual disputes
Corporations law disputes including claims arising from insolvency
Partnership disputes
Disputes between joint venturers
Disputes between lenders and valuers involving allegations of negligent property valuation
Medical negligence
Personal injuries
Claims involving alleged negligence by lawyers
Claims involving the alleged negligence of town planners
Claims involving the alleged negligence of accountants
Claims against investment advisors including financial planners
Claims against directors and officers
Employment disputes
Claims involving restraints of trade
Building disputes
Claims involving damages for personal injury
Shareholder disputes
Succession claims
Planning disputes
Building and construction claims
Property disputes
Sports disputes
ENDORSEMENTS
"I have no doubt that this matter would not have settled without your excellent ability to communicate with and across all parties in a calm & reasoned manner." Senior Lawyer - Government Department
“Text book mediation! I really appreciate the balanced way you approached it. Hopefully we’ll get to work together again one day”, General Counsel, an international foreign exchange dealer
“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:
Leafs Gully Farm Pty Limited v Mitchell [2015] NSWSC 1460
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; [2004] 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 [2001] 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.