At the International Bar Association’s Annual Meeting in Mexico City this week, Dominique Hogan-Doran SC has been elected:
Chair of the IBA’s Bar Regulation Committee, and
Vice-Chair of the IBA’s Forum for Barristers and Advocates.
Assisting Royal Commissions: RegNet Seminar
Download PDF Slide Presentation
Written Paper available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4724571
The Legal 500 - Asia Pacific - Australian Bar (2024 edition)
Commercial Disputes - Leading Silk - Band 1
Crime and Regulatory (including White Collar Crime) - Leading Silk - Band 1
“Dominique Hogan-Doran SC has a diverse practice and is recognised for her experience in financial services and superannuation, along with numerous arbitral appointments. Hogan-Doran SC successfully obtained declarations against opposition from the Attorneys-General of Victoria and Queensland, concerning a proposed merger of Mercy Super members and benefits.”
2023: Year in Review
My 2023 review in prose and pictures is now published on Medium.com. #lifeasabarrister
https://medium.com/@domhogandoran/2023-a-year-in-prose-and-pictures-lifeofabarrister-1fb51425d45f
Australian Academy of Law
Dominique Hogan-Doran SC has accepted the Board’s invitation to become a Fellow of the Australian Academy of Law.
Launched on 17 July 2007, the Australian Academy of Law is the fifth learned Academy in Australia and is the culmination of a process begun with the Australian Law Reform Commission’s landmark report, Managing Justice: a review of the federal civil justice system (ALRC 89, 2000).
The objects of the Academy, set out in the AAL Constitution, include:
To promote the highest standards of legal scholarship and research, of legal education and practice, and of the administration of justice.
To promote the continuous improvement of the law and of the operation of the legal system.
To promote the highest standards of ethical conduct and professional responsibility among all members of the legal community, including the use of legal skills not merely for material personal reward but also in the service of society.
To enhance understanding and observance of the rule of law, and community understanding of the role and function of law, lawyers, the legal profession, and the judiciary.
To provide a forum for cooperation, collaboration, constructive debate and the effective interchange of views among all branches of the legal community on all matters relating to the achievement of these objects.
To establish and advance funds to provide scholarships and research grants which advance legal education and the discipline of law and promote ethical conduct and professional responsibility.
The Fellowship of the Academy of Law comprises individuals elected by the Academy, who are persons of exceptional distinction in the discipline of law who are demonstrably committed to the objects of the Academy.
https://academyoflaw.org.au/About
Chambers & Partners Asia Pacific 2023
‘Dominique Hogan-Doran SC maintains an impressively varied practice within which matters of financial services and superannuation law and involvement in a number of high-profile Royal Commissions and other inquiries feature prominently.’
Becoming a Board Member CPD
For a copy of the slide presentation, please email me.
Natural Hazards Research Forum
How can experts contribute to and assist the important work of Royal Commissions and public inquiries?
Thanks to Natural Hazards Research Australia for the invitation to deliver a keynote presentation for the Natural Hazards Research Forum this morning on the important topic of the mechanics and benefits of Royal Commissions in public policy making and change.
University of Sydney LLM Financial Services Law: Compliance Theory & Practice
During August and September 2022 Dominique Hogan-Doran SC guest lectured in the University of Sydney’s Masters Course, Financial Services Law Compliance (LAWS6246).
Link to Reading List on Superannuation Regulation
For a copy of the slide presentation, please email me.
A Guide to Practice Development at the Bar
Presented to the 5 Wentworth Chambers Retreat.
Download PDF (13 August 2022)
ABA Practice Development Committee CPD Presentation - Practice Development for the Junior Bar After Covid
Download PDF (17 August 2022)
University of Melbourne LLM Superannuation Law and Regulation
The slides for the presentation by Dominique Hogan-Doran SC in the new Master of Laws course Superannuation Law and Regulation at the University of Melbourne on 4 August 2022 are now available.
Dominique addressed Chapter 7 Corporations Act 2001 (Cth) conduct issues in the superannuation realm, including:
the recent ASIC v Westpac (Omnibus) [2022] FCA 515
(in which she appeared for the Australian Securities and Investments Commission)the meaning of ‘efficiently, honestly and fairly’ in s 912A and other general licensing obligations
adequacy of systems of monitoring and control in financial institutions
imposition of pecuniary penalties including mitigating and aggravating factors.
For a copy of the slide presentation, please fill in the form below.
James Crawford Memorial | University of Sydney
Address in honour of the late Professor James Crawford AC, SC, FBA, Judge of the International Court of Justice and former Dean of the University of Sydney Faculty of Law at the Great Hall of the University of Sydney on 26 July 2022.
ESG Law and Practice - Disaster Laws & Governance
The transcript and embedded powerpoint presentation on Disaster Laws and Governance is now available online to read and download.
Doyle's Guide - Leading Commercial Litigation & Dispute Resolution Senior Counsel NSW, 2022
Dominique Hogan-Doran SC has been listed in 2022 listing of leading NSW Commercial Litigation & Dispute Resolution Senior Counsel, which details Senior Counsel practising in commercial litigation, dispute resolution and arbitration matters in the NSW legal market who have been identified by NSW’s commercial litigation solicitors for their expertise and abilities in these areas.
Natural Hazards Research Australia - Director Appointment
Dominique Hogan-Doran SC has been appointed an independent non-executive director of Natural Hazards Research Australia, Australia’s new research centre for natural hazards resilience and disaster risk reduction.
See Announcement.
NHRA’s mission is to deliver world-leading, evidence-based research to inform how we move towards zero preventable deaths, better prepare communities to deal with natural disasters, and develop technological solutions to mitigate risks.
NHRA was funded for 10 years by the Australian Government on 1 July 2021 as a collaborative research organisation, to address the major challenges arising from natural hazards, including bushfires, floods, cyclones, heatwaves, storms and other hazards. The aim is to deliver usable research and knowledge that creates safer and more resilient communities.
NHRA builds on the work of the Royal Commission into National Natural Disaster Arrangements (2020), for which Dominique served as Senior Counsel Assisting.
Dominique also joins NHRA’s Risk, Audit and Compliance Committee, which provides the Board with assurance that adequate processes are in place with regard to matters of risk, audit and compliance. The committee includes oversight of management of risk relating to the work of the Centre, financial management and reporting, compliance with regulatory and statutory requirements, and an external audit process and systems of internal financial control.
Australian Financial Review Best Lawyers in Australia 2022
Dominique Hogan-Doran SC has been selected by her peers for inclusion in the 15th Edition of The Best Lawyers in Australia for her work in:
Alternative Dispute Resolution
Financial Institutions
Litigation
Superannuation Law
“Due to the extremely high feedback received, her peers have additionally recognized her as one of the 2023 ‘Lawyer of the Year’ award recipients, for her work in Superannuation Law in Sydney. Only a single lawyer in each practice area and community is honored with a ‘Lawyer of the Year’ award.”
Law Council Superannuation Law Conference Address
Dominique Hogan-Doran SC delivered the David McLean Memorial Address to the Law Council of Australia’s Superannuation Lawyers Conference on Friday 11 March 2022 in Canberra.
Dominique’s topic was “Trustee Resilience” and examined the APRA Discussion Paper Strengthening Financial Resilience in Superannuation and the implications of recent Supreme Court cases in which she appeared for the trustees of QSuper (in Queensland), CareSuper (in Victoria) and NGS Super (in NSW)) responding to legislative amendments to section 56 of the Superannuation Industry (Supervision) Act 1993 (Cth), further restricting a trustee’s right of indemnity for payment of fines and penalties under Commonwealth law, with consequential insolvency risk for trustees and beneficiaries.
The PowerPoint presentation is now available to print.
The Legal 500 | Asia Pacific - Australian Bar 2022
Dominique Hogan-Doran SC has been ranked in The Legal 500 Asia Pacific 2022 as a ‘Leading Silk - Band 1’ in Commercial Disputes as well as in Regulatory (including White Collar Crime).
‘Dominique Hogan-Doran SC maintains a broad national practice across commercial disputes, regulatory investigations, and enforcement matters, and is regularly briefed by the government in significant matters, including the 2020 Royal Commission Into National Natural Disaster Arrangements, as well as handling high-level litigation, such as representing NAB Group in NULIS Australia (Nominees) Limited before the NSW Supreme Court, an application for judicial advice relating to superannuation.’
‘A preeminent silk in relation to inquiries, investigations and Royal Commissions. Well regarded for her incisive and practical understanding of the financial sector regime.’
Chambers & Partners | Asia-Pacific - Australian Bar 2022
“Dominque Hogan-Doran SC maintains an impressively varied practice within which matters of financial services and superannuation law and involvement in a number of high-profile Royal Commissions and other inquiries feature prominently. One commentator says: "Dominique has an amazing eye for detail. She can get across a huge amount of material and identify the key issues rapidly; her written advice is excellent, being comprehensive without being unnecessarily confusing; and she is even better on her feet. To top it off, she's a joy to work with - intelligent, hard-working and personable."
https://chambers.com/lawyer/dominque-hogan-doran-sc-asia-pacific-8:25857856
Judicial Commission’s Handbook for Judicial Officers published
The new Handbook for Judicial Officers has been published by the Judicial Commission of New South Wales. The Handbook includes Dominique Hogan-Doran’s paper “Computer says “no”: automation, algorithms and artificial intelligence in Government decision-making”.
The Handbook contains a collection of articles curated from a broad range of judicial speeches and recent papers published in The Judicial Review and the Judicial Officers’ Bulletin, as well as articles by legal academics. While principally directed to new judicial officers, the Handbook provides guidance to all judicial officers on all aspects of the judicial role.
The Handbook has been structured into three distinct areas.
Part 1 deals with the role of the judicial officer and the essential judicial qualities of independence, accountability, impartiality and fairness, reflected in the oath taken by every judicial officer to administer justice “without fear or favour, affection or ill-will”. The Handbook then looks at the application of the judge’s oath in a discussion of cultural and linguistic diversity, ethics, efficiency, competence and case management.
Part 2 explores the judicial method and gives practical guidance to presiding over the court. Topics covered include effective judicial communication, decision-making, legal reasoning and judgment-writing. The role of judicial education concludes this part.
Part 3 examines current and future challenges that judicial officers might experience during their career. These include interactions with the legal profession, issues of bullying and sexual harassment, and the potential challenges for judicial officers inherent in socialising and engaging in and with social media. Methods to combat bias, actual and unconscious, are discussed in practical terms. Stress caused by public criticism, vicarious trauma and unrepresented or vexatious litigants is examined and practical solutions are suggested. Non-adversarial justice and therapeutic justice, including running a trauma-informed court, are also examined as aspects of the judicial toolkit. The benefits and challenges of technology are then discussed with particular reference to artificial intelligence and online justice.