Member Profiles

alistair-wyvill
Contact Details

Alistair Wyvill SC

William Forster Chambers

Level 1
26 Harry Chan Avenue
DARWIN NT 0800

PO Box 4369
DARWIN NT 0801

Tel: 08 8982 4700
Fax: 08 8941 1541
Email: awyvill@williamforster.com

Practice Details

Admitted to the Supreme Court:
   20/03/1984
Signed the Bar Roll:
   06/12/1986
Appointed QC/SC:
   02/10/2009

Alistair Wyvill SC

Alistair Wyvill SC is a barrister at William Forster Chambers in Darwin, Northern Territory.

Year and Place of First Admission

1984, Queensland

2009, appointed Senior Counsel

Other Jurisdictions

High Court, Federal Courts and Tribunals, Northern Territory, Queensland, Papua New Guinea, Western Australia, England & Wales

Degrees, Appointments and Awards

  • B.Econ. LLB (Hons)(Qld), LLM (Distinction) (Lond), receiving the Herbert Smith award from UCL for the highest overall masters degree.
  • Commonwealth Government Aid Fellowship to Vietnam to conduct courses for Vietnamese judges in bankruptcy law and procedure (1994)
  • Lecturer in Public International Law, NT University (1995-1997)
  • Board member, St Philips Chambers (2nd largest barristers’ chambers in the UK) (2000-2008)

Career

Alistair joined William Forster Chambers (for the first time) in 1986 and practised for 12 years as a barrister in the Northern Territory, predominantly in commercial litigation and appearing in over 24 reported cases.

In 1998, he joined the English Bar and practised from St Philips Chambers in Birmingham. He quickly established himself as one of the Midlands’ leading commercial juniors, being “applauded for his ‘toughness’, teamed with ‘extraordinary ability’, which makes him a popular choice for complex disputes.” (Chambers & Partners, A Client’s Guide to the UK Legal Profession, 2004).  He was seen as a “big star of the future… (and) extremely bright, sensible, commercial and down to earth” (Chambers, 2007). In Chambers 2008, he was listed as the leading commercial junior in the Midlands.

Alistair returned to William Forster Chambers in July 2008. Since his return he has appeared in a number of major cases including:

  • Extraman (NT) Pty Ltd & Ors v Blenkinship & Anor [2008] NTSC 31 – restraint of trade
  • Aco & Ors v The Queen [2008] NTSC 33 – an issue which arose in several prosecutions of Indonesia fisherman outside the AFZ over the Australian continental shelf concerning public international law and the construction of Commonwealth statutes
  • Trans Australian Constructions P/L v Nilsen (SA) P/L and Ford [2008] NTSC 42 – the first challenge to an adjudication under the Construction Contracts (Security of Payments) Act
  • Independent Fire Sprinklers (NT) Pty Ltd v Sunbuild Pty Ltd [2008] NTSC 46 – the second challenge to an adjudication under the Construction Contracts (Security of Payments) Act

Major Reported Cases:

Australia

  • Ampol Ltd v Calaby Pty Ltd (1990) 71 NTR 1 [NTSC]; (1991) 30 FCR 426; 110 A.L.R. 343 (Full Fed Ct) – Petroleum Retail Marketing Franchise Act
  • Horta v Commonwealth (1994) 181 CLR 183; 68 ALJR 620, 123 ALR 1 [HCA] – constitutional law, external affairs power
  • Pritchard v Racecage Pty Ltd (1996) 135 A.L.R. 717  (Fed Ct); (1997) 142 A.L.R. 527; 25 M.V.R. 17 (Full Fed Ct) – Trade Practices Act claim arising out of the Cannonball Rally tragedy
  • Watson v Trenerry (1998) 122 NTR 1 [NTCA] – flag burning prosecution, human rights
  • Darwin Fibreglass Pty Ltd v Kruhse Enterprises Pty Ltd  (1998) 124 NTR 1; 41 I.P.R. 649 [NTSC] – intellectual property – copying of a swimming pool

United Kingdom

  • Land Rover Group Ltd v UPF (UK) Ltd (in administrative receivership) [2002] EWHC 3183 (QB), [2003] 2 BCLC 222 (Ch) – insolvency, mandatory injunction to compel a receiver to perform a contract
  • Wrexham Association Football Club Ltd v Crucialmove Ltd [2005] EWHC 3059 (Ch), [2006] EWCA Civ 237 (CA) – breach of fiduciary duty by de facto director and validity of company actions
  • OBG Limited v Allan [2005] QB 762, 2 WLR 1174, (CA), [2007] 2 WLR 920 (House of Lords) – liability of trespassing receiver, economic torts

Other major cases include

  • acting for PWC to recover damages for the defective construction of the McArthur River gas spur pipeline
  • acting for the Tapp family in an action against Elders for the unconscionable exploitation of Bill Tapp’s alcoholism
  • acting for Taylor Wimpey, one of the UK’s largest home-builders in various actions arising out of large development projects, including professional negligence claims against geotechnical engineers
  • acting for Ford in the UK in various major supply and industrial disputes
  • acting for a major Australian mining company in international arbitrations concerning international projects in Mauritania and Iraq
  • acting for the family of Michael Matthews, who died whilst descending from the summit of Mount Everest, in an action in the UK to recover damages from the expedition organisers and the oxygen supplier
  • acting for the liquidators of OBG in proceedings in the European Court of Human Rights arising out of the decision of the House of Lords in OBG v Allan

Publications

  • Enrichment, Restitution and the Collapsed Negotiations Cases (1993-94) 11 Aust Bar Review 93
  • With D Fitzpatrick, Business Bankruptcy Law Reform in Vietnam (1996) 5 Asia Pacific Law Review 37
  • The Constitutional Entrenchment of Open and Accountable Government, in Constitutional Foundations, Northern Australia Research Unit (1998)
  • The Law ofFraudulent Conveyances as the Basis of Mareva Jurisdiction (1998) 73 ALJ 672

Mediation and ADR

Alistair is a trained LEADR mediator and has had extensive experience with all forms of ADR and particularly mediation, both here and in the UK.

http://williamforster.com/members/alistair-wyvill/

Areas of Practice
  • Commercial
  • Appellate (Commercial)
  • Banking (Commercial)
  • Bankruptcy (Commercial)
  • Building and Construction (Commercial)
  • Contractual Disputes (Commercial)
  • Corporate Insolvency (Commercial)
  • Corporations Law (Commercial)
  • Insurance (Commercial)
  • International Commercial Arbitration (Commercial)
  • Proceeds of Crime/Money Laundering (Criminal)
  • Appellate
  • Civil Appeals (Appellate)
  • Criminal Appeals (Appellate)
  • Equity
  • Appellate (Equity)
  • Family Provision (Equity)
  • Real Property (Equity)
  • Trusts (Equity)
  • Wills and Probate (Equity)
  • Inquests/Inquiries
  • Commisssions and other inquiries (Inquests/Inquiries)
  • Coronial Inquests (Inquests/Inquiries)
  • Defamation
  • Appellate (Defamation)
  • International Law
  • Choice of Law (International Law)
  • International Commercial Arbitration (International Law)
  • Public International Law (International Law)
  • Alternative Dispute Resolution
  • Arbitrators (Alternative Dispute Resolution)
  • Expert Determiners (Alternative Dispute Resolution)
  • Mediators (Alternative Dispute Resolution)
  • Referees (Alternative Dispute Resolution)
  • Neutral Evaluators (Alternative Dispute Resolution)