Dr Stephen Lee

CONTACT

Chamber’s Phone:         +61 (0)7 3221 4221
Mobile:                              +61 (0)419 103 841
Chamber’s Fax:               +61 (0)7 3211 5410
Email:                                 sjlee@qldbar.asn.au

SUMMARY

Stephen commenced practice at the Queensland Bar in 1995. Before he came to the Bar, Stephen served as Associate to a Justice of the Supreme Court of Queensland, and worked for two major private law firms, Morris Fletcher & Cross in Brisbane, and Freehill Hollingdale & Page in Sydney. He also pursued postgraduate studies in law at Oxford and Columbia Law School.

Stephen has a wealth of experience, with over two decades in practice as a barrister. He has appeared in a wide range of courts and tribunals including 17 matters in the High Court of Australia. Stephen has experience in many areas of the law, and his practice focuses primarily on commercial litigation, equity and public law. He is also accredited as a Mediator and Arbitrator.

Stephen has also undertaken pro bono work including in areas of commercial, migration and deceased estates.

QUALIFICATIONS

BA/LLB (Hons) (University of Queensland) 1985/1988
BCL (Oxford) (Evidence, Restitution, Trusts, Conflict of Laws) 1990
JSD (Columbia, New York) (Equity in the Conflict of Laws) 1999
DipICArb (Chartered Institute of Arbitrators, London and Singapore) 2013

ADMISSIONS TO PRACTICE

Barrister-at-Law, Supreme Court of Queensland and High Court of Australia
Other States admitted: Australian Capital Territory, New South Wales, Victoria
Attorney-at-Law, Supreme Court of New York, and United States District Court for the Southern and Eastern Districts of New York
Barrister-at-Law, England and Wales (Middle Temple)
Barrister & Solicitor, Nauru (admission limited to specific cases)

ACCREDITATION

Australian Nationally Accredited Mediator, 2010 to current
Fellow, Chartered Institute of Arbitrators, 2014 to current

PROFESSIONAL MEMBERSHIPS

Member of Bar Association of Queensland’s Continuing Professional Development Subcommittee, 2017
National Councillor, 2014 to current, and Vice President, 2017, Chartered Institute of Arbitrators (Australian Branch)
Member of the Panel of Arbitrators of a number of arbitral bodies in Asia namely NZDRC, KLRCA, Pacific International Arbitration Centre, MARC (Mauritius), SIAC (Reserve Panel) and Resolution Institute, various dates to current
Mediator, registered with Resolution Institute, 2010 to current
Mediator, Queensland Farm Business Debt scheme, 2017

AREAS OF PRACTICE

Administrative Law
Arbitration and Mediation
Banking and Finance
Building and Construction
Commercial
Constitutional
Contract
Corporate/Insolvency
Deceased Estates
Equity
Insurance
Intellectual Property
Professional Negligence
Property
Taxation
Tort
Trade Practices and Competition
Trusts

SELECTED CASES

Palmer v Palmer [2018] QSC 217 (trustees)  
DZAFH v Minister for Immigration and Border Protection [2017] FCCA 387 (migration)  
Hunter v Hunter [2015] FamCA 1075 (trusts, exoneration, property settlement)  
Diehm v DPP (Nauru) [2013] HCA 42 (criminal law)  
ANZ v Lee [2013] QSC 003 (banking and finance)
Yeo v Huy [2012] FamCA 541 and [2012] Fam CA 758 (stay)
Building General Pty Ltd v The Trustees of the Property of Kris Halliday (A Bankrupt) [2011] FCMA 605 and [2011] FCMA 676 (bankruptcy, law of priorities)
Body Corporate for Sun City Resort v Sunland Constructions Pty Ltd [2011] QSC 042 (construction)
CBFC Limited v Corporate Consulting (Australia) Pty Ltd [2010] QSC 395 (registration of charge out of time, equitable lien)
Lerinda Pty Ltd v Laertes as Trustee for the Ap-Pack Deveney Unit Trust [2010] 2 Qd R 312, [2009] QSC 251 (deed of company arrangement, trusts, subrogation)
Shinelia Resources Ltd v Henan Shenhuo Group Ltd [2007] QLRT 63 (mining licence, law of priorities, trusts)
ASIC v Atlantic 3 [2007] 2 Qd R 399, [2006] QCA 540 (costs agreement)
Ruhani v Director of Police (2005) 222 CLR 489, [2005] HCA 42 and Ruhani (No 2) (2005) 222 CLR 580, [2005] HCA 43 (constitutional law, migration)
R v Morris [2004] QCA 408 (constitutional law)
Mahdi v Director of Police [2003] NRSC 3  (migration, habeas corpus)
Re Minister for Immigration and Multicultural Affairs, Ex Parte Lam (2003) 214 CLR 1, [2003] HCA 6 (procedural fairness)  
Attorney-General (Qld) v Australian Industrial Relations Commission (2002) 213 CLR 485, [2002] HCA 42 (statutory construction)
Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181, [2001] HCA 70 (confidentiality agreement) 
Re Pacific Coal (2000) 203 CLR 346, [2000] HCA 34 (constitutional law)
Hill v Van Erp (1997) 188 CLR 159, [1997] HCA 9 (tort)

SELECTED PUBLICATIONS

Trusts, Fiduciaries and Awards of Interest in Equity (2018) Hearsay, Issue 82
Interest Awards, Queensland Proctor June 2013 p30; July 2013 p8
Choice of Law for Claims in Unjust Enrichment (2002) 26:1 Melb ULR 192
Restitution, Public Policy and the Conflict of Laws (1998) 20 UQLJ 1
Jurisdiction Over Foreign Land: A Re-Appraisal (1997) 26 Anglo-American L Rev 273
The Ok Tedi River:  PNG or the Parish of St. Mary le Bow in the Ward of Cheap? (1997) 71 ALJ 602

Liability limited by a scheme approved under Professional Standards legislation

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