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Mr. Indraveer Chatterjee

Phone:

(02) 8239 3266

Email:

Barrister since 2016

Lawyer since 2007

Biography

Indraveer practices principally in commercial and employment law, and the judicial review of administrative decisions. He routinely appears unled at both trial and appellate level, with the majority of his work in the Supreme, District and Local Courts (NSW), and the NSW Civil and Administrative Tribunal.

 

In particular he has an active practice in residential home building, appearing for both builders and home owners; as well as appearing in disciplinary proceedings against medical practitioners, where he appears for both the Health Care Complaints Commission, and practitioners subject to complaints. 

 

He accepts direct briefs from in house counsel. 

 

He was junior counsel assisting the Royal Commission into the Protection and Detention of Children in the Northern Territory in 2017, and was a solicitor for approximately 10 years prior to coming to the bar, at the HIV/AIDS Legal Centre, where he was the principal. 

Papers

  • Review and Recommendations for Reforms of Australian Laws and Policies Relating to Entry, Stay and Residence for People living with HIV (2014) (co-authored with Alexandra Stratigos, Mary Crock and Ron McCallum AO)

  • HIV and Consent: When Yes means No (HIV Australia Vol 8., No. 4, 2011)

  • Chapter – Legal responsibilities in relation to HIV and viral hepatitis, HIV, Viral Hepatitis & STIs – A Guide for Primary Care Providers, Australian Society for HIV Medicine (2014) (Reviewer)

  • Chapter – Health law, The Law Handbook : Your Practical Guide to the Law in New South Wales, Redfern Legal Centre (Thomson Reuters) (various editions) (Co-author)

Sample Cases

Commercial and other

  • O’Neill v Country Motor Company Pty Ltd [2019] NSWCATAP 129 (Appeal – consumer guarantees)

  • Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 (Appeal – nuisance – Strata Schemes Management Act 2015 (NSW))

  • The Sydney Building Company Limited v Sinac [2019] NSWCATAP 43 (Home Building Act 1989 (NSW) – limitation periods – statutory construction)

  • O’Connor v O’Connor [2017] NSWSC 1648 (led by Benjamin DeBuse) – Preliminary Discovery – acquisition of company

Administrative:

  • CWGF v Minister for Home Affairs [2019] FCA 1802 (Jurisdictional error – proper, genuine and realistic consideration)

  • CHJK v Minister for Home Affairs [2019] FCA 1330 (Jurisdictional error – failure to consider relevant material)

  • Kassem v Minister for Home Affairs [2019] FCA 1196 (Jurisdictional error – citizenship – applicant’s submissions as a mandatory relevant consideration)

  • BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114 (Jurisdictional error – legal unreasonableness)

Employment:

  • Liu v Stephen Grubits and Associates [2019] FCAFC 24 (Jurisdiction – Federal Circuit Court – Costs – Fair Work Act 2009(Cth) – statutory construction)

  • Health Care Complaints Commission v Whitton [2019] NSWCATOD 175 (Disciplinary – Health Practitioner Regulation National Law – de-registration)

  • Sudath v The Medical Council of NSW [2019] NSWCATOD 18 (Disciplinary – Health Practitioner Regulation National Law – re-instatement)

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