Nathan Moshinsky, QC

Born in Shanghai, China in 1941 and migrated to Australia with family in 1951.Admitted to practice in 1963 and to the Victorian Bar in 1964. General experience in many fields. Appointed as Queen's Counsel in 1988.Transferred to non-practising list of the Victorian Bar on 1 July 2015.

Prior to taking silk, Nathan had a general practice with experience in civil and criminal law. He gained experience in civil and criminal jury cases as well as appearances before judges of the Supreme Court of Victoria, the County Court of Victoria, and the Federal Court of Australia. During the period from 1972-1974, he was appointed Crown counsel by the Hong Kong government and fulfilled his duties in the civil and criminal branches of the Attorney-General’s Chambers in Hong Kong.

As a silk he practiced in common law, administrative law , arbitration and mediation, and  commercial law. He appeared as counsel in the High Court of Australia in Commonwealth v Verwayen (“ Voyager case”) (1990) 170 CLR 394 (Estoppel);Naxakis v Western General Hospital 197 CLR 269 (loss of chance in medical negligence, no case submissions in jury trials), and  D’Orta Ekenaike v Victorian Legal Aid (2005) 223 CLR 1 (advocates’immunity)

He has appeared in a constitutional case in Fiji and has advised the Attorney-General of Nauru about constitutional issues.

He was appointed as the Solicitor-General of the Solomon Islands from November 2003 to November 2006 as part of the Regional Assistance Mission to the Solomon Islands. During this period, he gained experience appearing before the High Court and the Court of Appeal of the Solomon Islands.

In 2013 and 2014 he represented a mining company in an administrative law case which was heard in the High Court and the Court of Appeal in the Solomon Islands.

Publications and Editorial Contacts

• Numerous chapter in Victorian Court Forms Precedents and Pleadings.”( Lexis Nexis) ;Annotated Administrative Appeals Legislation” (Lexis Nexis); Practice and Procedure High Court and Federal Court-“ (Section relating to the (C’lth) Administrative Decisions (Judicial Review) Act 1977)( Lexis Nexis); Updates, in chapters relating to Restitution, Practice and Procedure,  Judicial Review, Appeals, and Judgments and Execution.” in
• Halsbury’s Laws of Australia (Lexis Nexis)
• General Editor (Federal Court) “Practice and Procedure High Court and Federal Court-“(2008-2009)
• Update of chapter relating to Legal Practitioners in the Laws of Australia (Thomson)
• Loss of chance in medical negligence (2000)
• The Highway Immunity Rule (2002)

Awards & Recognition

• Crown Counsel Hong Kong Government (1972-1974)
• Chairman Victorian Bar Law Reform Committee 1990-1995
• Conciliator, Legal Practice Tribunal (1996-2003)
• Director of Australian Centre for International Commercial Arbitration (1990-2003)
• Solicitor-General of Solomon Islands (2003-2006)

Speaking Engagements

Nathan Moshinsky has presented at numerous events over the years and has a list of engagements to his name spanning across all the areas of his expertise. In particular, he has presented talks concerning the Solomon Islands, the work of the Regional Assistance Mission to the Solomon Islands and some of the cases he was involved in, during his period as Solicitor-General in that country.

Memberships

• Victorian Bar, (Division C, Part II (Retired Holders of Public Office other than Judicial Office effective from 1 July 2015)
• Past Fellow of Australian Institute of Arbitrators and Mediators
• Past member of Australian Institute of Administrative Law
• Member Administrative Law Committee (Law Institute and Vic Bar) 1989-1997
• Past member Alternative Dispute Resolution Committee (Vic Bar)
• Past member Australian Plaintiff Lawyers Association
• Past member Liberty Australia