Professional Background
2014 - Barrister at the Victorian Bar, Australia
2005 - 2013 Tenant, 3 Stone Buildings, Lincolns Inn
1995 - 2004 Barrister at the Victorian Bar, Australia
1992-1994 Solicitor, Blake Dawson Waldron, Melbourne, Australia
1990 -1991 Associate to Justice Cox, Supreme Court of South Australia (Adelaide)
1990-1991 Tutor in the law of Evidence, University of Adelaide Law School
Joseph Carney
Called: 1994 (AUS); 2004 (England & Wales)
Joseph practised for ten years at the Victorian Bar in Melbourne, Australia before being called in England in November 2004. He practised at 3 Stone Buildings, the Chambers of Geoffrey Vos QC (now Vos MR and prior to that Chancellor) and then Sarah Asplin QC (now Asplin LJ) until 2014, when he returned to practice in Victoria.
In England Joseph established a busy commercial and chancery practice, which included acting and appearing on behalf of certain upper level excess insurers in a Bermuda form arbitration regarding the cancellation and coverage of policies potentially applicable to worldwide lawsuits brought against a leading US pharmaceutical company (led by Geoffrey Vos QC), advising the Registrar of Companies in Bermuda in the public interest winding up of funds (IPOC Capital Growth Partners Limited and associated entities) which had received laundered monies from the Russian Federation (led by Geoffrey Vos QC), acting and appearing an ad hoc arbitration regarding breaches of fiduciary and contractual duties (including the diversion of business opportunities) arising out of a business venture in the Republic of Kazakhstan (led by Anthony Boswood QC), appearing in proceedings regarding breaches of fiduciary duties in the Supreme Court of New South Wales (led by Matthew Walton QC) and acting and appearing in an ad hoc arbitration arising from a business dispute in the UAE.
Practice
Joseph’s practice at the Victorian bar commonly involves large disputes. On the commercial side this includes acting in matters concerning the conduct of trading trusts, shareholder rights, share valuations, breaches of director’s and fiduciary duties, professional negligence (solicitors and actuaries), commercial fraud, contractual rights of termination and assessments of damages. On the Chancery side it includes acting in disputes concerning large private trusts and estates.
Recent cases have involved disputes concerning the administration of certain large family trusts include Chan v Valmorbida Custodians Pty Ltd [2021] VSC 527 (settled at trial) where he was led by Allan Myers QC. He currently acts for a substantial family trust in proceedings in the Supreme Court of New South Wales, where he is again led by Allan Myers QC.
I have a background in commercial litigation and claims associated with the equitable jurisdiction. Accordingly my practice involves a combination of larger "purely commercial" disputes and disputes involving individuals, often in the context of a family relationship having broken down.
In the former category, the last twelve months to June 2019 have seen me act in a number of disputes concerning claims in excess of $5 million (acting for a state government department in a damages claim by an IT contractor arising from the termination of an SAP implementation project; acting for a leading construction firm in a fraud claim against a former executive; and acting for a gas manufacturer and distributor in a conversion claim involving gas cylinders).
In the latter category, I have acted or advised in numerous shareholder and partnership disputes, trust and estate claims and have regularly appeared in family law matters in the Federal Circuit Court. (I am happy to accept instructions in family and related disputes.)
I have been privileged to work with (and hopefully learn from) leading commercial silks in Victoria, New South Wales and England, and to have appeared before arbitral tribunals involving former Law Lords and High Court judges.
I am said to have a particular liking for factually complicated matters.
My broader experience includes acting and advising in the following areas:
General Commecial
Acting and advising on the enforceability of an employee share scheme and valuation of a minority shareholding in a large IT company; acting and advising in relation to a cliam for damages for wrongful termination of a long term facilities management agreement for a 54 story office tower; acting and advision in relation to the termination of an software implementation project by a State government department.
Civil Fraud
Acting and advising on fraud cases in both commercial and private trust contexts, including in relation multi-jurisdictional claims against the former partner and employees of a Kazakhstan resources advisory firm. Advising the Government of Bermuda on the public interest winding up of a fund holding the proceeds of a Russian telecommunications privatisation.
Equity and Trusts
Acting and advising in cases involving the administration of unit trusts, including applications for the removal of trustees. Acting for the infant beneficiary of a trading trust operating a substantial winery. Acting and advising in relation to the recovery of assets distributed pursuant to a dishonestly back-dated power of advancement.
Arbitration
Acting and appearing (led by G Vos QC and D Joseph QC) on behalf of certain upper level excess insurers in a Bermuda Form arbitration concerning claims by a major US pharmaceutical company. Acting and appearing in an ad hoc arbitration regarding the misappropriation of business opportunities by the partner of a Kazakh consultancy (led by A Boswood QC). Acting and appearing in an LCIA arbitration concerning a Kuwaiti joint venture.
Professional negligence
Acting and advising in various claims against accountants for negligent tax advice. Acting and advising a leading second tier UK firm in relation to various audit related disciplinary complaints.
A list of my recent cases is available upon request.