Richard J Burbidge QC

Date of call to the bar: 1962

Date appointed silk: 1979

Areas of Expertise:
Appellate Advocacy
Criminal
Customs
Inquiries
Insurance
International
Professional Negligence

Recent Cases & Additional Information:
Richard Burbidge, Head of Chambers since 1982, has practised in all states of Australia. His experience extends through all superior courts in Australia. He has conducted cases in the Privy Council, in the USA, in Fiji and in Thailand and was retained to advise in a murder conviction appeal in the Court of Final Appeal of Hong Kong.

In 1990 Mr Burbidge was appointed by President Corazon Aquino of the Republic of the Philippines General Counsel to her Presidential Commission on Good Government for two years. During that time Mr Burbidge undertook investigation and report in Switzerland and the United States of America into the assets of former president Ferdinand E Marcos and his associates, and advised on recovery options.

In 1989 Mr Burbidge was appointed an Associate Judge of the District Court of New South Wales and sat in that court during that year. He has chaired governmental inquiries, and constituted the Board of Inquiry into Offshore Betting on behalf of the ACT government. He sat recently as President of a Commission of Inquiry into the death of a member of the ADF, appointed by the Former Chief of the Defence Force, Air Chief Marshall Houston. He appeared for the Australian Secret Intelligence Service in the Commission of Inquiry into Certain Allegations held in Canberra in 1994 (The Samuels Inquiry)

Mr Burbidge has been retained by the Commonwealth of Australia, the State of New South Wales, the A.C.T, the Federal Commissioner of Taxation, the Australian Security Intelligence Organisation, the Australian Secret Intelligence Service, state and federal ministers, banks, politicians, the Monasavu People of Fiji and four Commissioners of Police in NSW. Mr Burbidge served as an Executive Member of the NSW Bar Association between 1993 and 1998. He was a member of the Council of Law Reporting in his early years at the Bar, and as Senior Vice President of the NSW Bar Association was the Association's representative on the Police Commissioner Peter Ryan's Advisory Group on Criminal Investigation. He lectures regularly on cross-examination, the strategy and other practical aspects of litigation.

Additional information may be obtained by contacting his Personal Assistant, the clerk of State Chambers, Mrs Fiona Hayden

Areas of Practice:
Mr Burbidge works predominantly in the fields of Government and non-Government Inquiries, Commercial and Insurance Law, Administrative Law and Common Law. He is often retained to lead in cases that pose unusual factual or legal problems or call for particular cross-examination skills.

He is on occasion retained solely to conduct cross-examination of key witnesses, particularly those proffering expert opinion evidence. Areas of familiarity include mining, engineering, foreign law, soil science, toxic torts, medicine, economic theory and epidemiology. In the appellate area, he has argued a number of leading tort law cases, and has argued constitutional matters for unions, for the Commonwealth, and for the state of New South Wales.

Mr Burbidge appeared as leading counsel include
Civil Cases Include:
-Agresta v Agresta [2010] NSWCA 330
- Shields v State of New South Wales [2009] NSWCA 164
- Bennie v State of New South Wales [2009] NSWSC
- Lo Presti v Ford Motor Company of Australia Ltd [No 2] [2008] WASC 12
- Labrador Liquor Wholesale Pty Ltd & Ors v. Chief Executive Officer of Customs [2007] QCA 1
- Lymbery v Commonwealth of Australia [2007] NSWSC 183
- Brambles Australia Ltd v British American Tobacco Australia Services Ltd [2006] NSWDDT 15
- Stankowski v Commonwealth of Australian [2004] NSWSC 198; Commonwealth of Australia v Stankowski [2005] NSWCA 106
-Worland v Tobin [2004] NSWSC 113; Tobin v Worland [2005] NSWCA 188
- Monasavu People v The Government of Fiji - sub nom Ratu Naqa v Fiji Electricity Authority [2005] FJHC 401; HBC0237.2002
- Stringer v Commonwealth of Australia [2004] NSWSC 1132
- Olbourne v Wolf [2004] NSWCA 141
- Rail Corporation New South Wales v Leduva Pty Ltd [2004] NSWSC 1133
- Morrison v Akula Pty [2004] NSWIRComm 41 (9 March 2004)
- N v Tara Anglican School for Girls [2004] (Tara School rape case)
- Hail Creek Coal Pty Ltd v Construction, Forestry, Mining and Energy Union (2004) 143 IR 354
- Commonwealth of Australia v Cockatoo Dockyard Pty Ltd [2003] NSWCA 192
- Ruddock & Ors v Taylor [2003] NSWCA 262
- State of NSW v Coffey [2002] NSWCA 361
- Dixon v Whisprun Pty Ltd [2001] NSWCA 344
- Pacific Access Pty Ltd v Davies [2001] NSWCA 218
- Seltsam Pty Ltd v McGuiness [2000] NSW 29
- Murphy v Farmer (1988) 165 CLR 19
- Bendix Mintex Pty Ltd v Barnes (1997) 42 NSWLR 307
- Rama Furniture v QBE Insurance Ltd (unreported) NSWCA 20 June 1986
- R v Duncan; Ex Parte Australian Iron & Steel Pty Ltd (1983) 158 CLR 535

Criminal Cases include:
- Nancy Ann Kissel ats Hong Kong Special Administrative Region
- Senior Counsel for Prosecution, Regina v Douglas John Crabbe on five charges of murder.
- Senior Counsel for Rex Jackson, Minister for Corrective Services
- Senior Counsel for Ronald Kinney, Senior Vice President of Builders Labourers Federation of W.A.
- Senior Counsel for Commissioner of Police: Police Tribunal charges against Detective Sergeant Roger Rogerson, Detective Inspector Chad, Assistant Commissioner William Allen, Detective Sergeant William Duff.
- Senior Counsel for Crown; R v Detective Sergeant Ellis, Detective Constables Borthwick and Butler - corruption charges, Griffith.
- Senior Counsel for Barclay Mowlem Ltd, charges arising out of Royal Commission into Building Practices in NSW (Giles Inquiry).

Inquiries:
- Inquiry into the death of SQNLDR Hughes for Chief of the Defence Force
- Senior Counsel for Gina Rinehart; WA Coronial Inquiry into the death of Lang Hancock
- Senior Counsel for former W.A. Premier Peter Dowding; Royal Commission into certain Government Activity (W.A. Inc)
- Constituted the Board of Inquiry for the ACT Government Inquiry into Betting Transactions and Associated Matters in the ACT (ACT TAB Inquiry)
- Senior Counsel for Australian Secret Intelligence Service in Inquiry into Certain Complaints (The Samuels/ Codd Inquiry).
- Senior Counsel for the New South Wales Special Weapons and Operations Squad (SWOS), Coronial Inquiry into the death of David Gundy.
- Chairman, Huntley Colliery Inquiry and Associated Reports, Report to the Honourable Neil Pickard, NSW Minister for Minerals and Energy.
- Senior Counsel Assisting the Australian Broadcasting Authority in the Inquiry into Alan Bond.
- Senior Counsel for Officer in Charge, Inquiry into Investigation of Murder of Donald McKay (Nagle report).
- Senior Counsel for Franca Arena (Nader Inquiry).
- Senior Counsel for Police Tactical Response Group - Special Inquiry into wounding of Darren Brennan (Staunton Inquiry).

Reports
- Report of the Commission of Inquiry into the death of SQNLDR Adam Luke Hughes, Report by Richard Burbidge QC to the Chief of the Defence Force, Air Chief Marshall Houston, 12 June 2009.
- Board of Inquiry Report into Matters Relating to Contractual Arrangements between ACTTAB and VITTAB and Other Matters, Report by Mr Richard Burbidge QC to the Chief Minister ACT Government, December 1997.

Papers Presented Include:
Paramount Powers of Persuasion for Interlocutory Injunctions - 2009 Litigation Skills Forum, Lexis Nexis, 2009.
Junk Science : Medicine and the Law (2001), Australian Law Journal Vol. 75, page 761.
The Significance of McGuiness and Barnes on Statistical Proof of Causality- NSW Medico-Legal Society, 2000
The Victim Culture Revisited, Australian Lawyers Association - Aspen, Colorado, 1998
Phantom Risk - The Victim Culture, Australian Lawyers Association - Aspen, Colorado, 1996
Asbestos Risk - East Sabah Medico-Legal Conference, 1984

Meadiators/Arbitrators
Mr Burbidge is an accredited Mediator and a member of IAMA. He has experience in Common Law, Commercial and Family Law.

Contact Details:
Tel: +61 2 9232 4594
Fax: +61 2 9101 9418
e-mail: richard.burbidge@statechambers.net