Dominique Hogan-Doran SC will deliver a keynote address on Reputation Risk and Governance at the 2024 Governance Symposium of the Association of Independent Schools of New South Wales on Monday 18 April 2024 at the International Convention & Exhibition Centre in Sydney.

Attendance at the Symposium provides board members with six hours of NESA Accredited Governance Professional Learning.

https://www.aisnsw.edu.au/featured-events/governance-symposium

Dominique Hogan-Doran SC will present the David McLean Plenary Session at the 2023 Law Council of Australia Superannuation Law Conference on 15 March 2024 in Adelaide.

Presentation slides now available. Written paper to follow for conference attendees.

In the spotlight: the challenges for Counsel Assisting Royal Commissions involving high stakes policy and political issues.

Royal Commissions are a unique feature of Australian public life. In that context, the role of Counsel Assisting a Commission can be one of singular responsibility, pressure, and opportunity.

When politically charged or policy focussed, the work of assisting a Royal Commission or public inquiry requires a range of interdisciplinary skills and insights, beyond those within a traditional legal arsenal.

At this seminar, Dominique will reflect on her experiences and insights as counsel in various Royal Commissions, including the recent Royal Commissions into the Robodebt Scheme (2022-2023), National Natural Disaster Arrangements (2020), Aged Care Quality and Safety (2018-2020), and Misconduct in the Banking, Financial Services and Superannuation Industry (2018-2019).

About the speaker

Dominique Hogan-Doran SC is a Senior Counsel of the Australian Bar. She was Senior Counsel Assisting the Commonwealth in the Royal Commission into the Robodebt Scheme (2022-2023), Senior Counsel Assisting the Royal Commission into National Natural Disaster Arrangements (2020) and Counsel Assisting the Special Commission of Inquiry into the James Hardie Group (2004). She has appeared as Counsel in a diverse range of public inquiries including into corruption, disability, aged care services, financial services misconduct, charitable fundraising, water regulation, greyhound racing, and the collapse of HIH Insurance Ltd.

Tuesday 13 February 2024 12.30-1.30pm (via Zoom)
School of Regulation and Global Governance (RegNet)
Australian National University

Register here: https://regnet.anu.edu.au/event/spotlight-assisting-royal-commissions-reflections-counsel

See Presentation Slides

The Robodebt Royal Commission reported in July 2023.

This seminar is the second in a number of seminars which the AIAL will hold to consider the Report.

The Report raises a plethora of issues for Government lawyers, including:

·       Is advice “just advice” or can the provision of advice constrain Government action?

·       When, if ever, should advice be given by reference to legal risk?

·       Is it appropriate to circulate draft advice and, if so, when?

·       Are there lessons to be learned about the structure of government legal services and the oversight role of the Attorney-General?

Panel:
Justice David Mossop, is a judge of the Supreme Court of the ACT and has recently written about the propriety of a risk-based approach to the provision of legal advice to government.

Professor Gabrielle Appleby, is one of Australia’s leading public law academics and has written widely about the role of government lawyers.

Dominique Hogan-Doran SC, appeared as counsel for the Commonwealth before the Robodebt Royal Commission and is Vice-Chair of the International Bar Association’s Bar Regulation Committee.

Chair: Mike Wait SC, is the Solicitor-General for South Australia and has served as a Government lawyer for 20 years in a number of capacities including solicitor, Crown Counsel and Crown Solicitor.

Date:               Thursday, 7 December 2023

Time:               5.30pm (AEDT) (Qld 4:30 pm; SA 5:00 pm; WA 2:30pm)

Format:           In person and on-line

In November, leaders will gather at COP28 for the first global stocktake of the Paris Agreement. The process for preparing the next cycle of Nationally Determined Contributions will also be launched. 

This event is hosted by the Australian Centre for Climate and Environmental Law (ACCEL) at Sydney Law School.

Link to Dominique Hogan-Doran’s slides pack

This all day event on 31 October 2023 will bring together leading researchers and professionals ahead of the COP to provide insights on how to conceptualise, develop and implement legal and governance tools to accelerate deep decarbonisation, adaptation and address loss and damage, on a whole of economy basis. Against the backdrop of the UN’s 2023 Acceleration Agenda, experts will discuss the various dimensions of legal acceleration to ensure a more equitable transition to a low-carbon and climate-resilient global economy.

The 2023 ACCEL Distinguished Address will be delivered by Dr Ian Fry, Special Rapporteur on the promotion and protection of human rights in the context of climate change. Dr Fry will discuss important human rights and justice dimensions of the UN’s Acceleration Agenda, including the need to integrate human rights standards and principles into accelerated climate action. 

The Distinguished Address will be supported by a series of panels in which leading experts will discuss the role and potential of legal accelerants in the context of climate finance, climate litigation, law and nature and the law of the sea.

Dominique Hogan-Doran SC will join David Barnden (Equity Generation Lawyers) and Zoe Bush (Environmental Defenders Office) to discuss legal accelerators and the role of climate litigation.

Registration details: https://law-events.sydney.edu.au/events/acceldistinguishedspeaker

New Law Building Annex (F10A), Eastern Avenue, University of Sydney (Camperdown Campus)

IBA Annual Conference Paris 2023

The issue of climate change is affecting all parts of Society and the delivery of legal services within this ever-changing world is a huge regulatory and ethical issue.
 
The panel will discuss 3 distinct areas in relation to the lawyer competence, lawyer discipline and ethical rules surrounding the delivery of legal services against a backdrop of “greenwashing”. The conflict between the client’s interest and a lawyer’s ethical obligations will be discussed.

Access Dominique’s Slide Deck “Going Green: Lawyer Regulation and Climate Change“ (PDF)

Speakers:

Brian Archer President, Law Society of Northern Ireland
Letícia Campos Mello Conselho Federal da OAB
Nick Emmerson President, The Law Society of England and Wales
Dominique Hogan-Doran SC Australian Bar, Australia; Vice Chair, Bar Issues Commission Regulation Committee
Ellyn Rosen American Bar Association Center for Professional Responsibility, USA; Member, BIC Regulation Committee

https://www.ibanet.org/session-details/se_137076

Dominique Hogan-Doran SC will be guest lecturing in the University of Sydney LLM Course Compliance: Theory & Practice in the Financial Services Industry on Saturday 2 September 2023 on Specialist Compliance Issues in Superannuation.

For details, see: https://www.sydney.edu.au/courses/units-of-study/2022/laws/laws6264.html

Dominique Hogan-Doran SC will join an expert panel with King & Wood Mallesons and the Australian Prudential Regulation Authority as part of a roundtable discussion for Australia’s Superannuation Industry sector on the challenges of ESG for superfunds.

Melbourne: August 31 2023

Sydney: September 7 2023

Dominique Hogan-Doran SC will be guest lecturing in the University of Sydney LLM Course Compliance: Theory & Practice in the Financial Services Industry on Saturday 5 August 2023 on Core Compliance Issues - Link to PowerPoint Presentation

For details, see: https://www.sydney.edu.au/courses/units-of-study/2022/laws/laws6264.html

Dominique Hogan-Doran SC will be guest lecturing in the Master of Laws course Superannuation Law and Regulation at the University of Melbourne on 27 July 2023.

Dominique will speak on recent cases in which she has been involved:

Financial resilience

• Re QSuper Board [2021] QSC 276 (appeared for QSuper Board, trustee of Queensland public sector superannuation scheme, instructed by King & Wood Mallesons)

• Re SCS Super [2022] NSWSC 686 (appeared for SCS Super, trustee of Catholic Superuannuation scheme, instructed by Minter Ellison)

• Application by NGS Super [2021] NSWSC 1694 (appeared for NGS Super, trustee of Non-Government Schools superannuation scheme, instructed by Minter Ellison)

• Re Care Super (No 1) [2021] VSC 805 and (No 2) [2021] VSC 854 (appeared for Care Super trustee, instructed by Mills Oakley)

Regulatory enforcement

• Re Energy Industries Superannuation Scheme [2022] NSWSC 1202 (appeared for EISS trustee, instructed by Dentons); investigations by Australian Securities and Investments Commission and Australian Prudential Regulation Authority into trustee of Energy Industries Superannuation Scheme re numerous matters (2021-2023) (acted for the trustee under investigation, instructed by Dentons)

• Australian Securities & Investments Commission v Westpac Banking Corporation (Omnibus) [2022] FCA 515 (appeared for ASIC)

• Australian Securities & Investments Commission v RM Capital & SMSF Club (Federal Court NSD906/2019, reserved) (for SMSF Club, instructed by Hall & Wilcox)

Industry consolidation

• Merger between QSuper and Sunsuper to become Australian Retirement Trust (instructed by King & Wood Mallesons)

• Mercy Super Pty Ltd atf Mercy Super v Attorney-General for State of Queensland and Attorney-General for State of Victoria [2022] QSC 221 (appeared for Mercy Super trustee, instructed by Ashurst)

• Application by Diversa Trustees Ltd as trustee for Future Super Fund [2023] VSC 279 (acted for Future Super Investments Ltd and Future Superannuation Group, instructed by Herbert Smith Freehills)

Australian Financial Complaints Authority

• Sweeney v Australian Financial Complaints Authority & NULIS Nominees (Australia) Ltd [2022] FCA 1525 (appeared for NULIS, trustee of the MLC Super Fund, instructed by Minter Ellison)

Governance

• CFMEU v Master Builders Qld; In the matter of Building Unions Superannuation Scheme (Qld) Pty Ltd [2022] FCA 283 (acted for BUSSQ trustee, instructed by Thomson Geer)

Hot topics

• APRA investigation re trustee payments to trade union

• Material outsourced service provider contracts: expert determination of dispute between licensed superannuation trustee and its administrator

• Greenwashing and proxy-voting issues

• Investment governance and ESG

For course details see: https://handbook.unimelb.edu.au/2022/subjects/laws90239.

The 2023 Lessons Management Forum will explore the challenges faced by lessons practitioners and the wider emergency management community in implementing identified lessons to ensure they are learned.

In a keynote, closing session, Prof. Stephen Dovers, Australian National University and Dominique Hogan-Doran SC, Natural Hazards Research Australia, Board Member will discuss whether and if so why we are much better at operational lessons management than policy learning, and why that matters.

https://www.aidr.org.au/events/33726?locationId=33728

Updated:

Link to PowerPoint slide presentation ‘Post-Disaster Public Inquiries and Policy Learning’

Dominique Hogan-Doran SC and  Jodi Steele SC will present a CPD on 5 June 2023 on the topic of the Pathway to taking silk.  This seminar is open to anyone at any level who is interested, and should be of particular interest to people who think they may apply for silk in 2-3 years’ time.  

Dominique and Jodi will share their thoughts on how to shape your practice in the years leading up to a silk application and will be available to answer questions.

CPD Points 1.5 Date & Times Monday, June 5, 2023 at 5:15pm - 6:45pm

CPD Strand Practice Management and Business Skills

Location NSWBA Common Room, Selborne Chambers , B/174 Phillip St, Sydney

A multi-stakeholder dialogue focussing on three thematic blocs:

(1) ESG metrics and deep data

(2) Asset allocation & risk including private markets

(3) Governance

Location:
Westminster City Council
64 Victoria Street
City of Westminster, London

https://worldpensions.org

This free seminar, focusing on ESG, features panel discussions on the director’s duties and ESG-washing, governance and risk, due diligence and risk assessment, and ample opportunities for conversations around leading ESG trends and topics affecting Australian business today. 

Presenters:

Matthew Baird, Director, Asian Research Institute for Environmental Law: Introduction to Environmental, Social and Governance Law and Practice

Dominique Hogan-Doran SC: Director’s Duties and ESG-washing

Claire Smith, Partner, Clayton Utz: ESG: the emerging Australian landscape

Dominic Tayco, Director, Thaddeus Martin: Governance and Risk in ESG 

For more information about the seminar please contact James Jung at jjung@collaw.edu.au.

“Leaves, trees, roots and branches: Update on PJC – Q&A session” 

Dominique Hogan-Doran SC will join CEO John Winter and former Productivity Commissioner Warren Mundy in a discussion of the Parliamentary Joint Committee Inquiry into the effectiveness of Australia’s corporate insolvency laws as part of the Australian Restructuring Insolvency and Turnaround Association NSW Conference on 16 March 2022.

BECOMING A BOARD MEMBER – HOW YOU CAN, AND WHY YOU SHOULD, CONSIDER TAKING ON A GOVERNANCE ROLE

Join the Women Barristers Forum for an online CPD on becoming a board member – including how you can, and why you should, consider taking on a governance role.

Jennifer Robertson (CEO, Board Matters) and Dominique Hogan-Doran SC will present, with Naomi Sharp SC as facilitator.

The session will interest both barristers who have sat on boards already and those with no governance experience. Attendees are encouraged to submit questions in advance. Questions can be submitted at the time of registration or via email to cpd@nswbar.asn.au.

To register, please click here.

Dominique Hogan-Doran SC will present at the Natural Hazards Research Forum in Brisbane on 12 October 2022, presented by Natural Hazards Research Australia.

Dominique will canvass How does research best inform and guide official inquiries; how can we do better?

https://www.naturalhazards.com.au/nhrf22

Dominique Hogan-Doran SC will be guest lecturing in the upcoming University of Sydney LLM Course Compliance: Theory & Practice in the Financial Services Industry on the following dates:

Class 1 - Saturday 20 August 2022 - Core Compliance Issues

Class 3 - Saturday 17 September 2022 - Specialist Compliance Issues - Superannuation

For details, see: https://www.sydney.edu.au/courses/units-of-study/2022/laws/laws6264.html

Practice Development for the Junior Bar Post-Covid

What's changed? What's working? How to develop a resilient practice in the new normal.

Presented by Dominique Hogan-Doran SC, Chair, ABA Practice Development Committee; Holly Veale, of the South Australian Bar; and Emma Hoolahan of the NSW Barristers' Clerks Association.

Wednesday 17 August 2022 from 5pm (via Zoom webinar)

Register https://vicbar.zoom.us/webinar/register/WN_Dr4g5oViRxmYt72fIbSTyA

Dominique Hogan-Doran SC will be guest lecturing in the new Master of Laws course Superannuation Law and Regulation at the University of Melbourne on 4 August 2022. She will be speaking on Chapter 7 Corporations Act 2001 (Cth) disclosure and conduct issues in the superannuation realm, including:

• the recent ASIC v Westpac (Omnibus Decision) [2022] FCA 515 (in which she appeared for ASIC)

• the meaning of ‘efficiently, honestly and fairly’ in s 912A

• systems of monitoring and control in financial institutions

• penalties

For course details see: https://handbook.unimelb.edu.au/2022/subjects/laws90239.

In partnership with College of Law, Asian Research Institute for Environmental Law

Supported by the Asian Development Bank and the UN Environment Programme

Environmental, social and governance (ESG) matters are of increasing importance as investors increasing consider these issues in their investment decisions. ASEAN nations are looking at way to individually meet their transboundary obligations and collectively find solutions to a sustainable future.

Attending this intensive is a must for anyone practicing in cross-border work as ESG increasingly comes to the forefront in investment decisions, or anyone who is involved or interested in environmental and social developments, as you will learn and network with experts from across the region.

Presenters:

Matthew Baird, Director, Asian Research Institute for Environmental Law, Thailand: Introduction to Environmental, Social and Governance Law and Practice

Briony Eales, Consultant to Asian Development Bank, Philippines: Climate Change Liability and Risk

Dominique Hogan-Doran SC, Senior Counsel, Director, Natural Hazards Research Australia: Australia’s Royal Commission into National Natural Disaster Arrangements: Insights, Experience, Lessons to be Learned for ESG Analysis

Dominic Tayco, Director, Thaddeus Martin: Governance and Risk with a focus on Cyber Security

Dr. Georgina Lloyd, Regional Coordinator (Asia and the Pacific) of Environmental Law and Governance for the United Nations Environment Programme (UNEP): Environmental Rule of Law, Montevideo V and ESG

Registration is Free

The 2019–2020 Australian wildfire season, also called the Black Summer, devastated the country and released over 700 million tons of carbon dioxide into the atmosphere in the process. What can Australia’s experience and response teach the U.S.A. and other countries about climate resilience? 

In this free webinar, hosted by the Milliman Climate Resilience Initiative, Michael Wara, Director of the Climate and Energy Policy Program at the Woods Institute for the Environment at Stanford University, and Dominique Hogan-Doran SC, Senior Counsel Assisting Australia’s Royal Commission into National Natural Disaster Arrangements, will discuss Australia’s national cross-disciplinary panel to improve the country’s resilience efforts in the face of increasing climate risk.

This is a free virtual event. For more information on the Milliman Climate Resilience Initiative, click here.

 Register here: https://milliman.zoom.us/webinar/register/8316336654452/WN_lUj1Sx1hQe-NvW4S6L63Cw  

Date: October 26, 2021

Time: 3pm PST, 9am AEDT.

Each year, the Government Solicitors Committee convenes The Government Solicitors Conference, which brings together leading experts in the legal profession to discuss important and topical aspects of government practice.

It's a full day of sessions that includes 7 CPD hours on the day (plus 3 extra hours on-demand), featuring distinguished speakers presenting on important legal issues relevant to local, state and federal government lawyers.

Following the conference, delegates are invited to attend the Government Solicitor Awards Presentation.

Dominique Hogan-Doran SC will deliver her paper, ‘Disaster Law and Governance: The Challenge of Strategic Imagination’, reviewing the outcomes of the 2020 Royal Commission into National Natural Disaster Arrangements.

EVENT DETAILS

Date: Tuesday 7 September 2021
CPD: 10 CPD Units
Cost:

Standard price
12 July - 6 September $330 (Members) $462 (Non Members)

Bulk tickets early bird (5 or more PAX)
12 July - 6 September $300 (Members) $430 (Non Members)

Register here

Discount available for group registrations of five or more. Contact for details.

Dominique Hogan-Doran SC will join a panel event hosted by King & Wood Mallesons on Tuesday 3 August 2021 to discuss the impact of the ‘Your Future, Your Super’ legislative reforms.

Australia’s $3 trillion superannuation system is the fourth largest in the world and is responsible for managing the retirement savings of 16 million Australians.

Your Future, Your Super changes to the superannuation system are promoted as achieving improvements for members in four key ways:

• Your superannuation follows you, preventing the creation of unintended multiple superannuation accounts.

• Empowering members, by making it easier for members to choose a well-performing product that meets their needs.

• Holding funds to account for underperformance, protecting members from poor outcomes and encouraging funds to lower costs and fees to boost Australians’ retirement incomes.

• Increasing transparency and accountability for how superannuation funds use members’ savings.

https://treasury.gov.au/publication/p2020-super

The Australian Centre for International Commercial Arbitration Dispute Resolution Forum will be held on 20 November 2020 from 12:30pm to 5:30pm (AEDT) online, in webinar format, using Microsoft Teams. 

The programme focusses on ‘Taking Advantage of Technology - Dispute Resolution Best Practice’, and will be moderated by the Chief justice Allsop AO of the Federal Court of Australia.

Procedural Fairness: Practicalities in litigation & arbitration (2.10-2.55pm)

Co-Chairs:

The Hon. Associate Justice McWilliam, Supreme Court of ACT and Jonathon Redwood SC,

Panellists:

• Dominique Hogan-Doran SC, 5 Wentworth Chambers

• Neil Kaplan CBE QC SBS, Arbitration Chambers, Hong Kong

• Justin Gleeson SC, Banco Chambers

• Rani John, Partner, Ashurst

www.acica.org.au

Financial crime: approaching boiling point

In a post-COVID, digitally reliant world, where the conduct and governance of organisations is increasingly scrutinised by regulators, we discuss whether Australia’s approach to financial crime regulation is appropriate, how it compares to the approaches in other jurisdictions and the opportunity for a coordinated approach across jurisdictions.