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  The Hon (Justice) Marcus Richard Einfeld AO QC PhD
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Suite 1203, Level 12 Skygarden
77 Castlereagh Street
Sydney NSW 2000
GPO Box 4139, Sydney NSW 2001
DX 840 Sydney


Telephone: +61 2 9231 4688
Fax: +61 2 9221 5459
Mobile: +61 418 211 896

Email:
einfeldm@ozemail.com.au

         
Date of birth:

22 September 1938
 
Mediation & arbitration credentials

·   Have mediated and arbitrated many disputes of all kinds in many countries. Examples include litigation and potential litigation in contract, tort, family law, native title, land disputes, major commercial disputes, industrial law, workplace disputes. A recent major example involved a longstanding dispute in Borneo (East Kalimantra, Indonesia) which I mediated over many months.

Former judicial & quasi-judicial offices:

·   Justice, Federal Court of Australia 1986-2001

·    Justice Supreme Courts of New South Wales, Western Australia, Australian Capital Territory

·    Justice Eastern Carribean Supreme Court

·    Foundation President, Australian Human Rights and Equal Opportunity Commission 1986-1990

Public inquiries conducted

·    Inquiry into Steel Industry in New South Wales (approximately 1985)

·    Inquiry into Nuclear Fallout for British Atomic Tests, Maralinga SA(1982 to1991)                       

·    Current offices, Former offices (Public) and Former offices (Others)
 

Education and professional career:

·    Justice, Federal Court of Australia, and of the Supreme Courts of New South Wales, Western Australia, and the Australian Capital Territory 1986-2002. Justice of the Eastern Caribbean Supreme Court & other overseas courts since1997.

·    BA, LLB (University of Sydney)

·    PhD, LLD (United States of America)

·    Practising barrister in Australia and the United Kingdom for 25 years and Queen's Counsel (QC) for 10 years

·    As a lawyer advised some of Australia's largest companies and appeared in many of Australia's most famous cases across a broad range of subject matters including:

  • Commercial law
  • Corporations law
  • Industrial law
  • Compensation and Personal Injury
  • Criminal law (including major corporate frauds)

·    Also advised and appeared in cases involving:

  • Company mergers and takeovers
  • Corporate frauds

·    Appeared in cases of all descriptions in British and European courts including the Privy Council and the European Courts of Justice and Human Rights

·    Appeared in and advised many Royal Commissions and other public inquiries into major issues

·    As a Justice of the Federal Court of Australia and of State and Territory Supreme Courts (sitting both as a trial Judge and an appellate Judge), heard and decided cases on most areas of law including:

  • Major commercial and company disputes
  • Trade Practices
  • Industrial law
  • Bankruptcy
  • Administrative law
  • Intellectual Property
  • Telecommunications
  • Information Technology
  • Native Title
  • Criminal matters

·    As Judge of the Eastern Caribbean Supreme Court and Acting Chief Justice of the High Courts of a number of Caribbean and Pacific nations has heard and decided cases over a broad range including:

  • Real Property law
  • Commercial law
  • Industrial law
  • Contract law
  • Family law

Corporate Activities:

·    Chairman or Director of a number of companies including:

  • Axiom Asia Pacific Pty Ltd (a subsidiary of Axiom Claims Consulting UK)
  • Banket Quin plc
  • Hampden Asia Pacific Pty Ltd (a subsidiary of Hampden plc)
  • Marks and Spencer Ltd (UK) (for whom the Judge was Principal Consultant and Adviser on Legal and International Affairs in the 1970s and 80s). In this capacity he headed a major Government inquiry into industrial relations at a time of significant workplace turmoil in the UK
  • National Entitlements Security Trust (NEST)
  • QuikTrak Limited
  • Presently consulting to corporations on corporate governance and ethics, and to clients of legal firms on legal issues and crisis management
  • Experienced national and international mediator and arbitrator of industrial, corporate, contractual and all legal disputes, native title, and Indigenous land and property disputes including between Rio Tinto Ltd and local indigenous inhabitants in Indonesia in 2002-03

Other Activities:

  • President, Australian Legal Resources International (ALRI), an independent corporation of Judges and lawyers providing legal, parliamentary and judicial reform and infrastructure to developing countries and emerging democracies. Country programs include Indonesia, Cambodia, Sri Lanka, Palestine, East Timor, Kenya, Zimbabwe, the Caribbean and the Pacific
  • As President of ALRI has successfully led funding negotiations for major international developmental projects with the World Bank, the Asian Development Bank, official aid agencies of many countries, and private foundations and corporations
  • Board member, International Legal Assistance Consortium (ILAC) based in Stockholm which assists the United Nations and nations emerging from conflict or upheaval to establish or re-establish democratic legal and governance structures
  • Foundation President, Australian Human Rights and Equal Opportunity Commission (1986-1990)
  • AUSTCARE's Ambassador for Refugees
  • UNICEF's Ambassador for Children
  • Led missions of inquiry and of rescue and relief (especially of women and children) in many countries in conflict or under stress including Bosnia, Kosovo, Sri Lanka, the Philippines, Bangladesh and Mozambique
  • Inaugural President, Australian Paralympic Federation
  • Executive Member, International Paralympic Committee 1990-1992 (led the successful bid to bring the 2000 Paralympics to Sydney)
  • Director, Sydney 2000 Olympics Bid
  • Councillor, Sydney Symphony Orchestra
  • Chairman, NRMA Foundation Ltd
  • Many times delegate to United Nations and other international conferences on law and justice, legal reform and training, corporate governance and ethics, education, human rights, refugees, children and other subjects
  • Patron of many public and charitable organisations
  • One of Australia's foremost activists for social justice and reform both at home and abroad
  • Lectures and writes widely on legal, social justice and equity issues in Australia and many other countries

Awards:

  • Officer in the Order of Australia (AO) (awarded for services to international affairs and to the promotion and protection of human rights)
  • Inaugural Australian Sports Medallist (in recognition of service as foundation Chairman of the Australian Paralympic Federation and the securing of the 2000 Paralympic Games for Sydney)
  • National Living Treasure (one of 100 living Australians) awarded by the National Trust of Australia
  • UN Peace Laureate 2002 (for services to the law, justice and international peace)
Publications:

·    Too many to list



Mediator Determinations Non-binding processes
Yes





Yes


Yes
Restrictions, eg, travel:

None
 



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