Barristers in Chambers

David Harold Godwin

david_goodwin
Business
02 9221 9208
Fax
02 9221 4951
Email
dgodwin@qsc.com.au

Principal Areas of Practice

  • Appeals
  • Constitutional and Administrative Law
  • Trade Practices, Competition and Consumer Law
  • Migration
  • Privilege and Crown Immunity

Significant Cases as a Barrister

Competition Law-Restrictive Trade Practices

ACCC v MUA (2001) 114 FCR 472[2001] FCA 1549 (led by David Yates SC)
ACCC v FFE Building Services(2003) 130 FCR 37 [2003] FCA 1294 (led by Neil Williams SC)
ACCC v FFE Building Services [2003] FCA 1542 (led by Neil Williams SC)
ACCC v George Weston Foods (2004) 210 ALR 486 [2004] FCA 1093(led by Ian Faulkner SC)
ACCC v Liquorland (2006) ATPR 42,123 [2006] FCA 826(led by David Yates SC)
ACCC v Navman Australia Pty Ltd [2007] FCA 2061
ACCC v Australian Karting Association (NSW) Incorporated [2009] FCA 1255
ACCC v April International Marketing Services [2009] FCA 735 (led by Michael Wigney SC)
ACCC v April International Marketing Services (2010) 270 ALR 504[2010] FCA 704(led by Michael Wigney SC)
ACCC v Visa [2015] FCA 1020; (2015) 339 ALR 413 (led by Greg Nell SC)

Competition Law- Consumer Protection

ACCC v Roberson [2008] FCA 1735
ACCC v Cardcall [2009] FCA 583

Media Regulation

ACMA v Radio 2UE (no 2) [2009] FCA 754(2009) 178 FCR 199

Constitutional Law

Taudevin v Egis Consulting Limited and the Commonwealth[2001] NSWIRComm 340 (led by Henry Burmester QC)
Spencer v The Commonwealth (2010) 241 CLR 118[2010] HCA 28
Lee v The Commonwealth (2014) 315 ALR 427[2014] FCAFC 174

State Administrative Law

Harris t/as Wellington Concrete v Mayne 2011] NSWSC 1551

Federal Administrative Law

High Court

Re Minister for Immigration and Multicultural Affairs Ex Parte Miah (2001) 206 CLR 57 (led by John Basten QC)
Re Refugee Review Tribunal Ex Parte H (2001) 75 ALJR 982[2001] HCA 28 (led by Tim Game SC)
Minister for immigration and Citizenship v SZJGV (2009) 238 CLR 642[2009] HCA 40 (led by Stephen Gagelar SC)

Full Federal Court

Paramananthan v Minister for Immigration and Multicultural Affairs [1998] FCA 1693;
(1998) 94 FCR 28 (led by Richard Tracey QC)
Abdalla v Minister for Immigration and Multicultural Affairs [1998] FCA 1017 (led by Gary Downes QC)
Logenthiran v Minister for Immigration & Multicultural Affairs [1998] FCA 169 (led by Richard Tracey QC)
Lama v Minister for Immigration & Multicultural Affairs [1999] FCA 1620 (led by Geoffrey Johnson)
Azarcon v Minister for Immigration and Multicultural Affairs (1999) 53 ALD 257[1999] FCA 145
Cong Tam Dang v Minister for Immigration & Multicultural Affairs(2000) 61 ALD 29[2000] FCA 73
Dhiman v Minister for Immigration and Multicultural Affairs[2000] FCA 221 (led by Geoffrey Johnson)
H v Minister for Immigration & Multicultural Affair (2000) 63 ALD 43
Al Raied v Minister for Immigration & Multicultural Affairs [2001]FCA 313[2001] FCA 313
Abeysinghe v Minister for Immigration and Multicultural Affairs [2002] FCAFC 108
NAAG v Minister for Immigration and Multicultural Affairs[2003] FCAFC 135
Lobo v Minister for Immigration and Multicultural Affairs (2003) 132 FCR 93 [2003] FCAFC 168
NADH of 2001 v Minister for Immigration and Multicultural Affairs (2004) 214 ALR 264 [2004] FCAFC 328
NAPU v Re Minister for Immigration Indigenous and Multicultural Affairs [2004] FCAFC 193
SZICU v Minister for Immigration and Citizenship [2008] FCAFC 1
Minister for Immigration and Citizenship v SZJGY [2008] FCAFC 87
SZOBI v Minister for Immigration and Citizenship (No 2) (2010)119 ALD 233[2010] FCAFC 151 (Led by Stephen Lloyd SC)
SZOOR v Minister for immigration and Citizenship (2012) 212 FCR 1 (led by Geoffrey Johnson SC)
Tuitaalili v Minister for Immigration and Citizenship (2012) 126 ALD 48[2012] FCAFC 24
Tewao v Minister for Immigration and Citizenship (2011) 126 ALD 185 (led by Geoffrey Kennett SC)
Minister for Immigration and Border protection v Lesianawai (2014)227 FCR 562[2014] FCAFC 141
Maharjan v Minister for Immigration and Border Protection [2017] FCAFC 213
Cheryala v Minister for Immigration and Border Protection [2018] FCAFC 43

Federal Court

Peacock v The Commonwealth [1998] FCA 1297
Minister for Immigration & Multicultural Affairs v B (2000) 105 FCR 304
Commonwealth of Australia v Peacock (2000) 104 FCR 464
Samuel v Minister for Immigration and Multicultural Affairs (2000) 175 ALR 59
Naing v Minister for Immigration and Multicultural Affairs (2000) 97 FCR 336[2000] FCA 344
Rahman v Minister for Immigration & Multicultural Affairs [2000] FCA 1277 [2000] FCA 1277
NAAG of 2002 v Minister for Immigration Indigenous and Multicultural Affairs [2002] FCA 713
Saleem v Migration Review Tribunal [2004] FCA 234
Mordechai v Minister for Immigration and Citizenship (2011) 196 FCR 509[2011] FCA 986
Razai v Minister for Immigration and Citizenship [2012] FCA 394
SZQKC v Minister for Immigration and Citizenship [2012] FCA 249
Seema v Minister for Immigration and Citizenship (2012) 203 FCR 537[2012] FCA 257
SZQMA v Minister for Immigration and Citizenship (2012) 127 ALD 305[2012] FCA 433
SZQGL v Minister for Immigration and Citizenship (2012) 206 FCR 474[2012] FCA 1011
Spruill v Minister for Immigration and Citizenship [2012] FCA 1401
WZAQU v Minister for Immigration and Citizenship [2013] FCA 327
SZQYM v Minister for Immigration and Citizenship [2014] FCA 427
SZRSJ v Minister for Immigration and Border Protection [2015] FCA 457
AQP15 v Minister for Immigration and Border Protection [2016] FCA 943
Salama v Minister for Immigration and Border Protection [2017] FCA 2
SZTIS v Minister for Immigration and Border Protection[2017] FCA 545
Jung v Minister for Immigration and Border Protection [2017] FCA 173
D’Abreau v Minister for Immigration and Border Protection [2017] FCA 1103
El-Chahini v Minister for Immigration and Border Protection [2018] FCA 202
SZSZQ v Minister for Immigration and Border Protection [2018] FCA 403

Search Warrant Challenge

Puglisi v Fisheries Management Authority [1997] FCA 846

Taxation

Deputy Commissioner of Taxation v Leslie Raymond Austin [1998] FCA 1034
Miller v Deputy Commissioner of Taxation (1997) 26 ACSR 533; (1998) 98 ATC 4059

Common Law

McKinnon v The Commonwealth [1998] FCA 1456
McKinnon v The Commonwealth [1999] FCA 717

Industrial Law

Fohmsbee v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [1999] FCA 487
John L Pierce v Kennedy[2000] FCA 1729
John L Pierce v Kennedy (2001) 113 FCR 177[2001] FCA 779
Taudevin v Egis Consulting Limited and the Commonwealth [2002] NSWIRComm 6

Work History before being called to the Bar

1984 Member of the UNSW Jessup Moot team
1985 legal cadet Commonwealth Attorney General’s Department, Canberra
Oct 1985-1986 Associate to Chief Justice Kevin O’Leary of the Northern Territory Supreme Court
1986-1987 solicitor in General Counsel – the advisings area of Commonwealth Attorney General’s Department, Canberra.
1988-1989 solicitor in the Government Branch of AGS which was the Constitutional and Administrative law branch of the AGS. Instructing solicitor in the High Court in Davis v The Commonwealth and Air Caledonie v The Commonwealth which were Constitutional cases heard at this time.
1990 solicitor in AGS Sydney with carriage of Customs prosecution work.
1991 solicitor/barrister working in the administrative law section of AGS Perth. Appearing as counsel in Federal Court administrative law matters.
1992 -1993 Appointed as a Legal 2 (the level below Senior Executive Service) team leader of the AGS Sydney team in the major commercial recovery case of Commonwealth v Ling which successfully recovered debts assigned to the Commonwealth by overseas Chinese students. This case raised Constitutional issues concerning the executive power of the Commonwealth to enter contracts.
1994-1995 team leader AGS team embedded with Trade Practices Commission in successful prosecution of TNT and Mayne Nickless. The penalty imposed was the highest achieved by the Commission at that time.
1995 Manager AGS Sydney for Department of Workplace Relations matters