About Anthony Lo Surdo SC

Anthony is an exponent of all forms of ADR and especially mediation, arbitration and expert determination.

He is experienced in conducting virtual or online mediations across various platforms including Zoom.

Anthony is regularly engaged as a Court-appointed referee and is also adept at facilitating expert conclaves.

He is an internationally accredited mediator and an advanced and nationally accredited mediator. He has been ranked by Doyles Guide to the Australian Legal Profession in 2018, 2019, 2020, 2021, 2022, 2023 and 2024 as a leading mediator.

Anthony is a Fellow of the Chartered Institute of Arbitrators and registered in the Australian Register of Practising Arbitrators as a Grade 1 Arbitrator. He is also accredited as an arbitrator in Dubai and Papua New Guinea and registered by the National Court of Justice of Papua New Guinea as an international and domestic arbitrator.

He is regularly appointed as an arbitrator both domestically and internationally.

Anthony was ranked by Doyles Guide in 2019, 2020, 2021, 2022, 2023 and 2024 as one of the country’s leading arbitration Silks, most notably for his work as an arbitrator.

Although a general commercial Silk, he has been described by Doyles Guide in 2011 and in 2015-2020 as one of Australia’s leading insolvency Silks.

He is also a leading, internationally recognised, sports law Silk and regularly sits as an arbitrator on international and domestic sport tribunals including the Court of Arbitration for Sport and the National Sports Tribunal.

Qualifications

Admissions

  • Silk: Appointed Senior Counsel (Kings Counsel equivalent) on 6 October 2011
  • Barrister: 9 August 1996
  • Solicitor: 3 July 1987

Jurisdictions

  • Australia, Internationally

Chambers/Locations

  • 8 Wentworth Chambers, Sydney
  • Lonsdale Chambers, Melbourne
  • William Forster Chambers, Darwin
  • Outer Temple Chambers, London, Dubai
  • Arbitra International, London, Washington DC, Abu Dhabi

Educational and Professional Qualifications

  • BA (University of Sydney, 1985)
  • LLB (University of Sydney, 1987)
  • LLM (University of Sydney, 1996)

Additional Professional Qualifications

  • Accredited Mediator (LEADR/Resolution Institute) (1993)
  • National Accredited Mediator (2008)
  • Arbitrator (2010)
  • Expert Determiner (2010)
  • Advanced Mediator Accreditation (LEADR) (2013)
  • Fellow, Australian Centre for International Commercial Arbitration (2016)
  • Fellow, Resolution Institute (2016)
  • International Mediation Institute (IMI) Certified Mediator (2017)
  • Singapore International Mediation Institute (SIMI) Certified Mediator (2017)
  • Fellow, Chartered Institute of Arbitrators (2020)
  • Grade 1 Arbitrator, Resolution Institute (2020)
  • Registered International and Domestic Arbitrator, Papua New Guinea (2020)
  • Accredited Mediator, Instructor and Coach, Advanced Mediator Training, Papua New Guinea (2021)
  • Registered Expert Determiner, Resolution Institute (2021)

Appointments

Professional

International

  • Court of Arbitration for Sport, Arbitrator and Mediator
  • London Court of International Arbitration, Arbitrator
  • Singapore International Arbitration Centre, Arbitrator
  • Dubai International Arbitration Centre, Arbitrator
  • Abu Dhabi Global Markets Arbitration Centre, Arbitrator and Mediator
  • Hong Kong International Arbitration Centre, Arbitrator
  • Shanghai Arbitration Commission, Arbitrator
  • Korean Commercial Arbitration Board, Arbitrator
  • Japan Commercial Arbitration Association, Arbitrator
  • Asian International Arbitration Centre, Arbitrator
  • Thailand Arbitration Centre, Arbitrator
  • Australian Centre for International Commercial Arbitration, Arbitrator and Mediator
  • International Mediation Institute, Panel Mediator
  • Singapore International Mediation Institute, Panel Mediator

Australia

  • National Sports Tribunal, Member, Arbitrator, Mediator & Conciliator
  • Acting Racing Appeals Tribunal, NSW
  • Supreme Court of New South Wales, Mediation Panel
  • District Court of New South Wales, Mediation Panel
  • District Court of New South Wales, Arbitration Panel
  • Resolution Institute, Advanced Mediation Panel and Expert Determinatio Panel
  • NCAT, Senior Member (P/T), Occupational Division and Appeal Panel

Academic

  • General Editor, Banking and Finance Law of Australia (LexisNexis) (2014 – 2020)
  • Editorial Panel of the Insolvency Law Bulletin (LexisNexis) (1992 – )
  • Editorial Panel of the Australian Banking & Finance Law Bulletin (LexisNexis) (1990-2013) (2016 –   )
  • Editorial Panel of the Australian Civil Liability Bulletin (LexisNexis) 2008 – )

Sporting Bodies 

  • Football Australia (FA) Appeals Committee, Member
  • FA Disciplinary and Ethics Committee, Co-Chair
  • FA Dispute Resolution Chamber, Deputy Chair
  • Appeals Tribunal of Football NSW, Chair
  • AFL Appeals Board (NSW/ACT), Member

Practice Areas

Practice Areas

  • Administrative law
  • Alternative Dispute Resolution (including mediation and arbitration)
  • Banking, finance and securities law
  • Commercial (including contract law)
  • Consumer protection
  • Corporations law
  • Equity
  • Insolvency
  • Insurance
  • Partnerships
  • Professional Indemnity
  • Product liability
  • Property
  • Representative proceedings
  • Sports law

Clients

Anthony has advised and/or appeared for:

  • The ACT Government.
  • Applicants and Group Members in class actions including arising out of the collapse of Storm Financial Pty Ltd (in liq) and Westpoint Corporation (in liq).
  • ASIC 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 in relation to the enforcement of security interests (including mortgages, charges and guarantees) and in relation to banker/customer disputes (including conversion of cheques and cheque law generally, authorities to transact on accounts and issues that have arisen in relation to safety deposits).
  • Creditors of insolvent companies and individuals.
  • Directors in relation to breach of directors’ duties and insolvent trading claims, which are the subject of public examination by insolvency administrators and/or investigations by the ASIC.
  • 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 including applications to the Court in relation to the operation of Part 5.3A of the Corporations Act 2001, proceedings under Part 5.6 of the Corporations Act 2001 (including proceedings to set aside statutory demands and contested applications to wind-up companies), proceedings under Part 5.7B of the Corporations Act 2001 (including proceedings for the recovery of compensation for unfair preferences and other uncommercial transactions and for insolvent trading by directors) and proceedings under Part 5.9 of the Corporations Act 2001  relating to the examination of officers and other persons in relation to the examinable affairs of a corporation.
  • Insurers in relation to indemnity issues generally, professional indemnity (including advising and appearing in defence of surveyors, architects, valuers, brokers, town planners, builders and lawyers) and product liability.
  • Lessors (including major shopping centre proprietors) and lessees in relation to disputes which have arisen between them (including proceedings for possession and for relief against forfeiture).
  • Vendors and purchasers of land, builders and developers.
  • Corporations and individuals in relation to contractual disputes (including share sale agreements and agreements for the sale of interests in other personal property).
  • Professional Sportspersons in relation to code of conduct hearings and claims involving breaches of the world anti-doping laws.
  • Sporting clubs and associations.

Papers and Publications

Recent Publications

  • Co-author of “In-Brief” a digest of recent commercial cases appearing monthly in the Australian Banking & Finance Law Bulletin (LexisNexis Butterworths) (March 2004-December 2012)
  • Author of “New Books” a review appearing monthly in the Australian Banking & Finance Law Bulletin (LexisNexis Butterworths)(April 2004- )
  • Co-author of “In-Brief” a digest of recent insolvency cases appearing monthly in the Insolvency Law Bulletin (LexisNexis Butterworths) (December 2004-December 2013)
  • “Federal Court Casenotes” (co-authored with Theresa Power), Law Society Journal, NSW, Law Institute of Victoria Journal, “The Proctor” (Queensland Law Society), October 2020 –
  • “Coronavirus and its impact on Football”, a Sports Law and Policy Centre and LawinSport Joint Survey (final report), released 16 December 2020
  • “The Future of Alternative Dispute Resolution in Sport: The National Sports Tribunal”, Resolution Institute, “arbitrator and mediator”, September 2020
  • “A guide to the new National Sports Tribunal”, Law Society Journal, April 2020
  • “Settlement, Singapore Style”, Asian Jurist, November 2019
  • “New Singapore Convention set to bring greater certainty to international arbitration”, NSW Law Society Journal, October 2019
  • “Glencore International AG v Commissioner of Taxation”, Australian Civil Liability, September/October 2019
  • “The costs of failing to attend a Court-ordered mediation”, NSW Law Society Journal, June 2017
  • “The Scope of Advocates’ Immunity Affirmed” (with Lucy Robb Vujcic), NSW Law Society Journal, May 2017
  • “Latest from the High Court on Performance Bonds”, NSW Law Society Journal, April 2017
  • “The Contractual Effect of the Code of Banking Practice”, NSW Law Society Journal, September 2016, Financial Services Newsletter, LexisNexis, September 2016
  • “Exercising Powers of Advancement under a Trust”, NSW Law Society Journal, June 2016
  • “Court recognises indirect or market-based causation in shareholder claims” (with Gregory Sirtes SC and Robert White), NSW Law Society Journal, June 2016
  • “Civil Penalties: Everything Old is New Again” (with Conor Bannan), Law Society Journal, March 2016
  • “Litigation Funding Revisited” Law Society Journal, November 2015
  • “Don’t let your claim for damages perish” Law Society Journal, October 2015
  • “Perisher Blue Pty Ltd v Nair-Smith” Australian Civil Liability, September 2015
  • Reining in ICAC’s Powers: Are non-public officials off limits?” (with Dr Aruna Sathanapally) Law Society Journal, May 2015
  • “Ethical Obligations of parties to a mediation” Australian Civil Liability, May 2015
  • “Grant Samuel Corporate Finance v Fletcher” Insolvency Law Bulletin, April 2015
  • “Confidentiality, privacy and privilege in a mediation” Australian Civil Liability, April 2015
  • “Agency, Fraud and Defeasibility: When can a registered interest in land be rendered defeasible?” (with Jocelyn Williams) Law Society Journal, March 2015
  • “Process and models of mediation, preparation for mediation and choice of mediator” Australian Civil Liability, March 2015
  • “Liquidator’s Liens: the principle in Universal Distributing considered”
  • Insolvency Law Bulletin, LexisNexis Butterworths, June 2014 (2014. Vol 15 No 3)
  • “Disclaimed Leases: Tenant Risk and Liquidation” (with Peter Agardy)
  • Law Society Journal, March 2014
  • “Recent Developments in NSW – Offers of Compromise and Calderbank Offers”
  • Australian Construction Law Newsletter #153 November/December 2013
  • “Mistaken discovery of privileged documents: Expense Reductions Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd”
  • Australian Civil Liability, LexisNexis, November 2013 (2013. Vol 10 No 7 – 10)
  • “Offers of Compromise: Whitney v Dream Developments”
  • Australian Civil Liability, LexisNexis, September 2013 (2013. Vol 10 No 4)
  • Australian Construction Law Newsletter, November/December 2013
  • “Beware of Personal Costs Orders”
  • Law Society Journal, June 2012
  • “Unintended consequences of taking jurisdictional points”
  • Law Society Journal, April 2011
  • “Consequences of a Written Contract”
  • Law Society Journal, December 2009
  • “Construing Obligations”
  • Law Society Journal, November 2009
  • “Directors indemnifying the Tax Commissioner”
  • Law Society Journal, October 2009
  • “Mortgages morphing into suretyships”
  • Law Society Journal, July 2009
  • “Principles of Subrogation”
  • Law Society Journal, May 2009
  • “No power to amend a bankruptcy notice”
  • Law Society Journal, April 2009
  • “Pitfalls in Guaranteeing Performance”
  • Law Society Journal, March 2009
  • “Applying the Double Insurance Principle”
  • Law Society Journal, February 2009

Recent Presentations

  • “Mediation Advocacy: Achieving Success”, Legalwise, Sydney, 13 March 2021, Melbourne, 20 March 2021
  • “ADR Options, Strategies and Insights”, Far North Coast Law Society Conference, Ballina, 20 February 2021
  • “Study and Research on International Sports Arbitration – CAS Arbitration and the Role of the Arbitrator”, Japan Sports Law Association, 26 January 2021
  • “ADR Options, Strategies and Insights”, Leo Cussen Centre for Law, Victoria, 4 November 2020
  • Ethics”, Far North Coast Law Society Annual Conference, 22 February 2020
  • “Proposals to foster mediation for the resolution of international sports and sport-related disputes”, Court of Arbitration for Sport Conference, Budapest, Hungary, 24 October 2019
  • “Outside of the Retainer: A Professional Indemnity Update” AILA Twilight Seminar Series, 10 July 2019
  • “Gender in Sports Arbitration”; “Protection of Athletes against harassment, abuse and violence: an Australian Perspective”, Japan Sports Law Association Annual Symposium, Kyoto, Japan, 15 December 2018
  • “Emergency Arbitration in South East Asia”, 6th Annual International Arbitration and Regulatory Summit, Jakarta, Indonesia, 7 December 2018
  • “Ethical Obligations in litigation”, City of Sydney Law Society, 4 October 2018
  • “Arbitration of Sports Disputes”, (Chair) New South Wales Bar Association ADR Conference, 11 August 2018
  • “Avoiding wasted opportunity’: suggestions for implementing effective strategies to take parties towards settlement”, Resolution Institute, Newcastle, 10 August 2018
  • “Whistleblower Reforms”, Law Society of NSW, Chair, 23 July 2018
  • “Resolving Litigation”, ASIC, 3 May 2018
  • “Ethical Duties of Legal Practitioners in the Resolution of Disputes”, 23 March 2018, Newcastle Law Society
  • “Far North Coast Law Society Annual Conference”, 24 February 2018, Chair
  • “Corporate Insolvency Seminar”, UNSW, Sydney, 25 October 2017, Chair
  • “An introduction to International Arbitration”, Tonga, 19 & 20 September 2017
  • “First Annual Sports Law Conference”, TEN, Melbourne, 19 May 2017, Chair
  • “Dispute Resolution in Sport”, TEN, Melbourne, 19 May 2017
  • “North Coast Law Society Annual Conference”, 25 February 2017, Chair (Day 2)
  • “Alternative Dispute Resolution – Refining Skills for Early Resolution”, TEN, Armidale, 12 February 2017, Sydney, 22 March 2017; NSW Bar Association, 13 March 2017
  • “International Arbitration in the Asia Pacific – Australia’s contribution to Regional Jurisprudence”, Maxwell Chambers, Singapore, 8 December 2016
  • “Managing International Arbitration with a South East Asian Dimension: A Masterclass for Arbitration Users”, Singapore, 7 December 2016, Chair (a conference co-presented by 12 Wentworth Selborne Chambers, the ICC, Stephenson Harwood and Latham & Watkins)
  • “Discovery in the Federal Court under the National Court Framework”, Chair, ASIC, 13 October 2016
  • “Bird & Bird, Dispute Resolution in the Asia Pacific – Navigating international arbitration and litigation”, 24 May 2016
  • “Mediating to Succeed”, Far North Coast Law Society Annual Conference, 20 February 2016
  • “How to prepare effective pleadings”, ACCC, 8 September 2015
  • “Alternate Dispute Resolution in Sports” NSW Bar Association, 31 March 2015
  • “A Morning of Evidence with the 12th Floor – Privilege”  The NSW State Legal Conference, 27 August 2014
  • “Legal Professional/Client Legal Privilege”  The Law Society of NSW, 15 July 2014
  • “Emergency Arbitration Procedures”  Arbitrating Disputes in South East Asia: A Masterclass for In-House Counsel and Business Representatives, Singapore, 2 June 2014
  • “When to Mediate?”  The NSW State Legal Conference, 31 March 2014.
  • “A Morning of Dispute Resolution with the 12th Floor” (Chair) The NSW State Legal Conference, 31 March 2014.
  • “The Practical Implications of the New Disclosure Rules in the Equity Division”  A paper presented in-house to law firms in Sydney and Melbourne, August/September 2013 and to the NSW State Legal Conference, 26 March 2014.
  • “Best Practice in International Commercial Mediation: Drafting an effective mediation clause: The new ICC model clauses for mediation” ICC Mediation Rules Launch Conference – Singapore, 17 March 2014
  • “Mediation: Aspects of Practice”  A paper presented in-house to two major Australian banks, August and November 2012
  • “Preparation of written evidence, affidavits, and notices of intended oral evidence”  Australian Securities & Investments Commission, 27 June 2012
  • “Client Legal Privilege and the In-House Lawyer”  The College of Law, 31 March 2011
  • “Affidavits: Avoiding the Pitfalls”  NSW State Legal Conference, 28 March 2011
  • “Client Legal Privilege and the In-House Lawyer”  The College of Law, 3 August 2010
  • “Affidavits: Avoiding the Pitfalls”  Young Lawyers, 13 April 2010
  • “Offers of Compromise and Costs Orders”  The College of Law, 28 May 2009
  • “The Law and Practice of Deposit Bonds”  State Legal Conference, 31 March 2009
  • The College of Law, Business and Property Law Specialist
  • Accreditation Conference, 20 June 2009
  • “The Statutory Regime for Limitation Periods for Personal Injury Claims” (Chair) The College of Law, 19 March 2009