Dominique Hogan-Doran SC accepts briefs [instructions] to advise and appear from solicitors on behalf of their clients [indirect briefing] as well as from in-house lawyers of commercial and government clients who hold a current practising certificate [direct briefing].

She does not usually accept briefs from individuals or entities without a lawyer's involvement [direct access], nor does she usually accept instructions on a contingency fee basis.

Acceptance of any brief will be subject to the provisions of the Legal Profession Uniform Conduct (Barristers) Rules 2015, rr 101-105.

Direct briefing of counsel enables independent, expert, timely and cost-effective advice to obtained. It is useful not only for general & strategic advisory work, but also pre-litigation strategy, mediation and (in appropriate cases) court appearances. 

The Association of Corporate Counsel (formerly the Australian Corporate Lawyers Association) has been a supporter of direct briefing for a number of years. As CEO Trish Hyde commented in 2013:

"The benefits of direct briefing are not theoretical, they are real. In my former corporate roles direct briefing gave quick and cost-effective expert opinion on pivotal issues to better inform our approach to strategic issues. When you can access a Silk and gain strategic insight it is a competitive advantage. When you gain such insight on sensitive strategic issues, it is priceless."

Dominique Hogan-Doran SC has deep expertise in the law, legal strategy and dispute resolution, developed over 20 years of legal practice.  She is recognised as a "highly commercial and trusted adviser" with the "ability to quickly and comprehensively analyse complex commercial issues and provide sound strategic and practical advice that can be implemented efficiently and effectively.” She was recently Recommended by Doyles Guide 2016 as a Leading Commercial Litigation & Dispute Resolution Senior Counsel NSW.

Ms Hogan-Doran is frequently briefed directly by commercial or government clients for general advisory work, pre-litigation strategy, mediations and (in appropriate cases) court appearances. Her direct briefing clients have been numerous, such as regulators, government enterprises, financial institutions, international trading companies, an ASX-listed media group, and various financial services licensees including APRA-regulated superannuation schemes.

Direct briefing may not be appropriate for more complex matters, in which an external firm of solicitors with better resources to undertake detailed factual investigations, manage large numbers of documents and manage complex litigation can be retained.

Dominique Hogan-Doran SC has close working relationships with full-service and specialist firms of solicitors across Australia and overseas. She can provide assistance to help you decide the right firm of solicitors to assist in more complex matters.

Contents Of The Brief

Be it electronic or hard copy, it will be most efficient for the brief to:

  • contain a summary of the relevant facts by way of a broad “over-view” of the matter,
  • identify the key documents to be considered,
  • set out a list of questions or issues to be considered, perhaps highlighting specific issues which are potentially problematic, 
  • set out the results of any legal research which has already been undertaken,
  • summarise any preliminary views about the issues in respect of which advice is sought,
  • highlight the client's objectives or expectations,
  • emphasise any time sensitivity or deadlines,
  • enclose all relevant documents in chronological order (be ruthless in omitting material which is clearly irrelevant). 

If in any doubt as to what should be included in a brief, you can send a brief email or call to Ms Hogan-Doran SC or her clerk

Electronic Brief

Dominique Hogan-Doran SC is a modern barrister. She maintains an online practice, using secure document management & file-sharing services for her matters. 

An electronic brief can be an effective way to arrange urgent or at least initial advice. Simply deliver a USB, send an email with attachments, or create a link to DropBox or other online secured document server (particularly when documents are voluminous).

Hard Copy Brief

Alternatively, a hard copy brief can be provided.

At times, hard copies may be requested, for example to facilitate a comparative document review, or to inspect particular documentary evidence.

Original documents should never be included in a brief.

You should keep a copy of any brief you send.

For enquiries about current rates and availability, contact Ms Hogan-Doran's clerk Margaret Ashford on +612 9236 8601 or email mashford@stjames.net.au.

Where appropriate, Ms Hogan-Doran SC will agree to a fixed or alternative fee arrangement, including an ongoing retainer arrangement.

As Ms Hogan-Doran SC (like most barristers) does not operate a trust account, alternative arrangements may need to be agreed to secure payment of her fees when she is briefed directly (for example, through written confirmation of indemnification by an insurer, or an agreed escrow agent to hold her estimated fees as stakeholder). Foreign companies and individuals seeking to direct brief Ms Hogan-Doran will most likely need to use an agreed escrow agent. This is not necessary for government authorities, public companies or insolvency professionals.

A precedent fee disclosure and costs agreement for commercial and government clients can be downloaded here. 

* Under s 170 of the Legal Profession Uniform Law, a commercial or government client is

(a)  a law practice; or
(b)  one of the following entities defined or referred to in the Corporations Act—
(i)  a public company, a subsidiary of a public company, a large proprietary company, a foreign company, a subsidiary of a foreign company or a registered Australian body;
(ii)  a liquidator, administrator or receiver;
(iii)  a financial services licensee;
(iv)  a proprietary company, if formed for the purpose of carrying out a joint venture and if any shareholder of the company is a person to whom disclosure of costs is not required;
(v)  a subsidiary of a large proprietary company, but only if the composition of the subsidiary’s board is taken to be controlled by the large proprietary company as provided by subsection (3); or
(c)  an unincorporated group of participants in a joint venture, if one or more members of the group are persons to whom disclosure of costs is not required and one or more members of the group are not any such persons and if all of the members of the group who are not such persons have indicated that they waive their right to disclosure; or
(d)  a partnership that carries on the business of providing professional services if the partnership consists of more than 20 members or if the partnership would be a large proprietary company (within the meaning of the Corporations Act) if it were a company; or
(e)  a body or person incorporated in a place outside Australia; or
(f)  a person who has agreed to the payment of costs on a basis that is the result of a tender process; or
(g)  a government authority in Australia or in a foreign country; or
(h)  a person specified in, or of a class specified in, the Uniform Rules.