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Anthony Lo Surdo SC

Anthony Lo Surdo SC

Nationality :
Australian


Languages :
English


Current Position :
- Senior Counsel (Queens Counsel equivalent) in private practice at the Australian Bar, Barrister | Independent Arbitrator | Advanced Mediator | Expert Determiner


Specialisation :
Civil and Commercial Law,Banking and Finance,Corporate,Insurance,Sport


Educational / Professional Memberships

  • Educational and Professional Qualifications
    • Bachelor of Arts (University of Sydney, 1985)
    • Bachelor of Laws (University of Sydney, 1987)
    • Accredited Mediator (1993)
    • Master of Laws (University of Sydney, 1996)

    Additional Professional Qualifications

    • National Accredited Mediator (2008)
    • Arbitrator (2010)
    • Expert Determiner (2010)
    • Advanced Mediator (2013)
    • Fellow, Australian Centre for International Commercial Arbitration (ACICA) (2016)
    • Fellow, Resolution Institute (RI) (2016)
    • International Mediation Institute, Certified Mediator (2017)
    • Singapore International Mediation Institute, Certified Mediator (2017)
    • Fellow, Chartered Institute of Arbitrators (CIArb) (2020)
    • Grade 1 Arbitrator, RI (2020)

Professional Experience

General Law Experience

Anthony has a broad practice both at trial and appellate level spanning diverse areas including commercial, equity, corporations, insurance law, professional indemnity, property and sports law. He has a particular interest in banking and insolvency in respect of which he has written extensively and has been named in “Doyles Guide to the Australian Legal Profession” in 2011 and again in 2015-2018 and 2019 as one of Australia’s leading insolvency and reconstruction Silks.

Anthony has advised and appeared for:

    • Australian Securities and Investments Commissions (ASIC), Australia’s Corporate Regulator, in relation to breaches of continuous disclosure provisions, breaches of market manipulation requirements, misleading and deceptive conduct and unconscionable conduct.
    • Banks and other financial institutions.
    • Insolvency administrators (voluntary administrators, receivers, trustees in bankruptcy and liquidators) as regards a multitude of issues that often arise in the course of an administration.
    • Creditors of insolvent companies.
    • Directors in relation to breach of directors’ duties and insolvent trading claims.
    • Insurers in relation to indemnity issues generally, professional indemnity (including advising and appearing in defence of surveyors, architects, directors, valuers, brokers, town planners, builders and lawyers) and product liability.
    • Lessors (including major shopping centre proprietors) and lessees.
    • Vendors and purchasers of land, builders and developers.
    • Corporations and individuals in relation to contractual disputes.

Sports Law Experience

As an advocate, Anthony has advised and appeared for:

    • Sporting associations including Triathlon Australia in an appeal by Olympian Emma Snowsill against her non-inclusion in the Australian Olympic Team.
    • Athletes involved in claims concerning alleged breaches of world anti-doping regulations.
    • Athletes including Kurtley Beale (International Rugby Union) in an Australian Rugby Union (ARU) Code of Conduct Tribunal hearing.
    • AFL NSW/ACT in matters involving disciplinary issues.
    • NRL in matters involving disciplinary issues.

Arbitration Experience

Arbitral Panel Appointments

    • Court of Arbitration for Sport (General and Football Lists)
    • DIFC-LCIA Arbitration Panel
    • AIAC Arbitration Panel
    • THAC Arbitration Panel
    • ACICA Arbitration Panel
    • Sport Resolutions (UK), International Panel of Arbitrators
    • National Sports Tribunal, Australia
    • Acting Racing Appeals Tribunal, NSW
    • Football Federation Australia (FFA) Appeals Committee
    • FFA Dispute Resolution Chamber
    • FFA Disciplinary and Ethics Committee

Experience

As both a sole and panel arbitrator including as Chair in over 60 domestic and international arbitrations involving commercial, disciplinary and governance disputes.

Court of Arbitration for Sport (CAS)

      • In January 2018, presided over a hearing of a CAS Appeal Panel in Lausanne, Switzerland.
      • In April 2018, appointed to the CAS ad hoc panel for the Commonwealth Games, Gold Coast, Australia.
      • In May 2018, appointed to the CAS ad hoc panel for the Asian Games, Jakarta, Indonesia in August/September
      • In September 2018, appointed as a sole arbitrator of an appeal to CAS from a determination of a
      • single judge of the FIFA Players’ Status Committee which was heard in Shanghai.
      • In December 2018, presided over a hearing of a CAS Appeal Panel in a disciplinary matter arising in Asia.
      • In February 2019, appointed by a party in a commercial dispute.
      • In June 2019, appointed as the sole arbitrator by parties in a disciplinary matter.
      • In August 2019, appointed President of a panel in a good governance appeal.
      • In September 2019, appointed to the Ad hoc panel for the FIBA World Cup.
      • In October 2019, appointed President of a panel in a commercial dispute.

Sport Resolutions (UK)

      • In 2019, appointed as a member of the International Tennis Federation (ITF) International Panel for the Davis Cup
      • and in 2020 to the same panel for the Fed Cup.
      • In 2020, Anthony was appointed as Chair of an ITF Independent Tribunal Panel to determine a dispute between
      • the ITF and a Member Federation.

Football Federation Australia (FFA)

      • As a member of the FFA Appeals Committee since 2008, determined both disciplinary and non-disciplinary disputes
      • that have arisen between the FFA, Member Federations, Clubs, and Players mostly involving players and coaches
      • of international repute.
      • As a member of the FFA Dispute Resolution Chamber since 2008, determined commercial disputes and appeals
      • that have arisen between the FFA, Member Federations, Clubs, and Players under the FFA Grievance Resolution
      • Regulations, some of which have involved players and coaches of international repute.
      • As a member of the FFA Disciplinary and Ethics Committee also since 2008, determined disciplinary issues arising
      • from on-field incidents involving players and coaches of international repute competing in Australia’s Premier
      • National football league (Hyundai A-League).

Football NSW

      • As the Chairman of the Football NSW Appeals Tribunal since 2012, determined appeals involving both disciplinary
      • and non-disciplinary disputes that have arisen between FNSW, Members of FNSW, Clubs and Players under the
      • FNSW Grievance and Disciplinary Regulations.

Acting Racing Appeals Tribunal

      • As the Acting Racing Appeals Tribunal, Anthony has determined appeals heard on a de novo basis from first
      • instance decisions in the thoroughbred and harness racing industries.

Other Arbitral Appointments

      • Nominated by the President of Resolution Institute as a sole arbitrator in a domestic commercial dispute.
      • Appointed by Surf Life Saving New South Wales to preside over a Judiciary Committee hearing in a code of conduct matter.

Publications