Tuesday, April 19, 2011

Ashok Kumar-LLM(Syd) CA(Aust) CA(NZ) ACIS FTIA

Ashok Kumar LLM(Syd); Grad Cert Disp Res (UTS); CA; CA(NZ) ACIS FTIA

Barrister-at-Law

Address: Chalfont Chambers, 9/67 Castlereagh Street, Sydney NSW 2000, Australia

P O Box Q770,Sydney NSW 1230

Barrister (litigation / advice) practising in commercial, tax, insolvency, equity, property & lease matters, admin/ constitutional, immigration, IP, family, and criminal law.

Telephone: 0402 337 008 (Mob)

02-9299 1939 (Direct); 9232-4534 (Clerk)

0402 337 008 (Home)

Email: aqkumar1@gmail.com

Languages: Hindi, Punjabi, Urdu, Fijian

Tertiary Qualifications

Master of Laws-University of Sydney (1998) (Tax Law / Corporations Law)

Graduate Certificate in Dispute Resolution (UTS, Sydney)(1997)

Graduate Certificate in Legal Practice (UTS, Sydney)(1997)

Professional exams - Institute of Chartered Secretaries & Administrators - ACIS

Professional exams - Institute of Chartered Accountants of New Zealand – CA

Bachelor of Arts (Accounting)(USP, Fiji) (award pending) & professional chartered exams

Professional Qualifications / Memberships

Institute of Chartered Accountants in Australia - CA

Institute of Chartered Accountants of New Zealand - CA

Taxation Institute of Australia –(Fellow) FTIA

Institute of Chartered Secretaries & Administrators - ACIS ACCM

Arbitrators’ & Mediators Institute of New Zealand – AAMINZ (resigned)

The NSW Bar Association

Law Society of New Zealand

Court Admissions

Legal Practitioner of the Supreme Court of NSW(1998)

Legal Practitioner of the High Court of Australia(1998)

Barrister & Solicitor of the High Court of New Zealand(1998)

Awards / Recognition / Decorations

Recipient – Misc award for service to community.

Committee Memberships

Member – Equal Opportunity Committee – NSW Bar Association (2011 to date)

Member – Business Forum Planning Committee – Institute of Chartered Accountants in Australia (2002 to 2003 & ad hoc)

Member – Property & Business Law Committee – Auckland District Law Society (2004)

Member – Public Issues Committee – Auckland District Law Society (2004) – high profile committee that deals with many issues including suitability of judges.

Ad Hoc Committee involvement with professional bodies

Papers published & other professional involvement

Presented paper to NSW Lawyers on behalf of Lexis-Nexis; Published papers in professional journals such as Charter (Chartered Accountants’ journal), Offshore Investment Journal (Tax) and prepared discussion papers / whitepapers for professional legal bodies. Also previously involved in non-profit organizations at executive level.

Barrister - 1998 to date

Self-Employed as Barrister-at-Law, Sydney (also of NZ Bar) with Appellate, tax, insolvency, corporate, commercial, wills, equity, property, employment, Constitutional & Admin Law (inc. immigration) and criminal law practice with a criminal law, specialist tax and commercial law focus including mediation. Accredited as mediator by AMINZ. Have also consulted to Sydney blue chip corporate in wide range of industries including IT (GE, EMC, Philips, Ericsson,Wesfarmers etc) & SMEs in tax / commercial matters. Advise SME Sydney / Auckland companies in commercial legal matters from time to time. Appeared as counsel in leading tax cases including 2001 major split loan case Hart v FCT in the Federal Court of Australia and other leading cases; other cases such George v Children’s Court (2003)59 NSWLR 232 (Court of Appeal) (lead counsel for 4th opponent) and also other areas such as professional negligence trial. Regularly appear in High Court (with / without leader). Also appeared in criminal jurisdiction. Involved in mediation and preparation of financial submissions for mediation for various clients. Currently involved in many appeal hearings including in the areas of tax, commercial law, family law, human rights litigation(refer www.austlii.edu.au where up to 100 of my cases are in the database and some are leading authorities on the particular point the cases were run or until overturned on appeal). Care and Protection Panel member since 2002. Regular appearance in various jurisdictions in commercial and criminal matters including jury trial experience. Engaged to provide advice / opinions on a wide range of commercial matters from time to time from banks to smaller corporate clients, many major Chinese, Indian & Asian businesses. (Read with Kate Trail / CJ Bevan). Currently of East Sydney Chambers; Former member of Trust Chambers, Sydney; and formerly of Wentworth Chambers, Sydney and also in Auckland worked with Dr Ajit Swaran Singh, Auckland (now The Honourable Judge Singh, A Judge of the District Court of NZ(also former Fiji’s Deputy Solicitor-General and then Acting Solicitor-General).Currently instructed in wide range of matters in the above areas including appellate matters. As appeared in DPP matters as a reader – appear as co-counsel in other matters by a counsel principally retained by DPP. Liasion with lawyers / professional bodies in other jurisdictions.

Other Duties as a solicitor for ahort period:

Attending to litigation in wide range of matters

Court appearances

Preparing opinions & client advice

Drafting wide range of business documents

Resolving disputes in commercial & property matters

Advising on due diligence and other matters

Conduct of conveyancing and other matters

Prior Employment

Worked in accounting roles with world’s largest public accountancy firms as well as major corporations. Also worked with largest public companies and SME’s in senior accountancy roles including directorships. Further previous roles:

Supervision of finance / managerial staff

Prepared financial statements various major entities

Completed tax, FBT & other returns for major NZ clients

Advised clients on impact of GST & other changes

Liaised with Tax Department of wide range of tax matters

Due diligence with client acquisitions and other matters

Assisted with audits

Involved in various insolvency projects

Involved in preparation of prospectus for capital raising for a major client

Prepared various ad hoc projects

Involved in projects involving valuation of government acquisitions, due diligence & forensic accounting