Anthony Lo Surdo SC is a Professional Associate at Outer Temple Chambers based in Sydney, Australia. He is qualified to practise across all states and territories of Australia as well as internationally. He is also an experienced internationally qualified mediator and is repeatedly ranked as a leading mediator in Australia.
Anthony qualified as a barrister in 1996 after over 9 years’ practice as a solicitor in leading Australian law firms and was appointed an SC, equivalent to QC, in 2011. He was also Head of his Chambers in Sydney for a number of years.
He 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 and has had many works published and has been named in “Doyles Guide to the Australian Legal Profession” in 2011 and again in 2015-2020 as one of Australia’s leading insolvency and restructuring barristers. He also has a large sports related practice.
Anthony is accredited as an advanced mediator, arbitrator and expert determiner. He is regularly retained as a mediator in complex multi-party disputes. He has also been ranked by “Doyles Guide to the Australian Legal Profession” as a leading mediator in New South Wales in 2018-2020. He is also often appointed as an arbitrator in commercial and sports-related disputes both domestically and internationally. He has been recognised by “Doyles Guide to the Australian Legal Profession” as one of Australia’s leading Senior Counsel in Arbitration in 2019 and 2020.
He is a CIArb Fellow and is registered as a Grade 1 Arbitrator in Australia.
Anthony has conducted hundreds of complex multi-party, mostly commercial, mediations since 2009 and many arbitrations both domestically and internationally. Arbitrations conducted by Anthony as President/Chair, as a wingman or as sole arbitrator have extended to a variety of commercial disputes and sports or sports-related disputes including in the Court of Arbitration for Sport (CAS) ranging from disciplinary to commercial and good governance issues.
Anthony has a number of editorial appointments including:
General Editor, Banking and Finance Law of Australia (LexisNexis)
Editorial Panel of the Australian Banking and Finance Law Bulletin (LexisNexis)
Editorial Panel of the Australian Civil Liability Bulletin (LexisNexis)
Editorial Panel of the Insolvency Law Bulletin (LexisNexis)
Expertise
Anthony has acted as mediator in a vast array of matters since he was first accredited in 1993. He has mediated hundreds of complex, multi-party disputes since 2009. He uses his experience as both Senior Counsel and as a mediator to quickly identify the issues and to gain an understanding of the position of each party in the mediation so as to assist in facilitating a fair and efficient resolution to a dispute.
Anthony is accredited as an advanced mediator by Resolution Institute (formerly LEADR). He is also accredited by the New South Wales Bar Association under the National Mediator Accreditation System Standards (NMAS). He is ranked by “Doyles Guide to the Australian Legal Profession” as a leading mediator in New South Wales, 2018 and 2020. As part of his ongoing commitment to excellence in mediation, in 2017 Anthony attained certification as a mediator by the International Mediation Institute (IMI) and the Singapore International Mediation Institute (SIMI) and in doing so joins a select number of mediators in Australia to achieve that qualification, and the only Silk.
In recognition of his specialist knowledge of mediation and sports law, in January 2016, Anthony was appointed by the International Council of Arbitration for Sport (ICAS) as a mediator of the Court of Arbitration for Sport (CAS) and in February 2019 he was appointed to the mediation panel of Sport Resolutions (UK).
Mediation panel appointments
Court of Arbitration for Sport
Sports Resolutions (UK)
International Mediation Institute
Singapore International Mediation Institute
AIAC Mediation Panel
ACICA Mediation Panel
Resolution Institute Panel of Advanced Mediators
Supreme Court of NSW Mediation Panel
District Court of NSW Mediation Panel
Anthony’s work as a mediator includes:
Banking disputes
Contractual disputes
Corporations law disputes including claims arising from insolvency
Partnership disputes
Disputes between joint venturers
Disputes between lenders and valuers involving allegations of negligent property valuation
Medical negligence
Personal injuries
Claims involving alleged negligence by lawyers
Claims involving the alleged negligence of town planners
Claims involving the alleged negligence of accountants
Claims against investment advisors including financial planners
Claims against directors and officers
Employment disputes
Claims involving restraints of trade
Building disputes
Claims involving damages for personal injury
Shareholder disputes
Succession claims
Planning disputes
Building and construction claims
Property disputes
Sports disputes
Appointed as an expert determiner in a dispute between a landlord and tenant of premises used for short term holiday stays/serviced apartments in Darwin concerning whether the various legislation and regulations imposed to curb the spread of Covid and which resulted in the decimation of the travel industry comprised a force majeure event as defined under the terms of the lease.
Publications
“Settlement, Singapore Style”, Asian Jurist, November 2019
“New Singapore Convention set to bring greater certainty to international arbitration”, NSW Law Society Journal, October 2019
“The costs of failing to attend a Court-ordered mediation”, NSW Law Society Journal, June 2017
“Ethical Obligations of parties to a mediation” Australian Civil Liability, May 2015
“Confidentiality, privacy and privilege in a mediation” Australian Civil Liability, April 2015
“Process and models of mediation, preparation for mediation and choice of mediator” Australian Civil Liability, March 2015
Anthony is an accredited arbitrator, a Fellow of the Chartered Institute of Arbitrators and registered in the Australian Register of Practising Arbitrators as a Grade 1 Arbitrator. In June 2016, Anthony was appointed a Fellow of the Australian Centre for International Commercial Arbitration and a Fellow of Resolution Institute. In 2020, he was appointed as a Fellow of the Chartered Institute of Arbitrators.
In January 2016, Anthony was appointed by the International Council of Arbitration for Sport (ICAS) as an arbitrator of the Court of Arbitration for Sport (CAS) and his name appears on both the general list and the football list.
He has sat as both a sole and panel arbitrator including as Chair in over 60 domestic and international arbitrations involving commercial, disciplinary and governance disputes.
Anthony has extensive sports related arbitration experience which is listed in his Sports Law profile. He is also accredited as an expert determiner.
Arbitral panel appointments
Court of Arbitration for Sport (General and Football Lists)
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
FNSW Appeals Tribunal
District Court of NSW
Local Court of NSW
Appointed as president of a CAS panel in a commercial/employment related dispute originating in Kuwait.
Appointed as sole arbitrator in a domestic commercial arbitration involving a dispute between joint venture partners.
Appointed by the CAS as sole arbitrator in a commercial/employment related dispute between a China-based football club and a former player.
Appointed as co-arbitrator in a commercial/employment related proceedings in the CAS involving a China-based football club and a former player.
Australian Communications and Media Authority’s (ACMA) register of bargaining code arbitrators and mediators under the News Media and Digital Platform Mandatory Bargaining Code(Code) established pursuant to the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021
In recognition of his specialist knowledge of mediation and sports law, in January 2016, Anthony was appointed by the International Council of Arbitration for Sport (ICAS) as a mediator of the Court of Arbitration for Sport (CAS) and in February 2019 he was appointed to the mediation panel of Sport Resolutions (UK).
In January 2019, he was appointed as the Acting Racing Appeals Tribunal (NSW). In February 2019, he was appointed to the International Panel of Arbitrators maintained by Sport Resolutions (UK). In March 2020, he was appointed as one of the inaugural part-time members of the National Sports Tribunal.
His mediation panel appointments include the Court of Arbitration for Sport and Sports Resolutions (UK).
CAS
In January 2018, Anthony presided over a hearing of a CAS Appeal Panel in Lausanne, Switzerland.
In April 2018, he was appointed to the CAS ad hoc panel for the Commonwealth Games, Gold Coast, Australia.
In 2018, Anthony was appointed to the CAS ad hoc panel for the Asian Games, Jakarta, Indonesia.
In September 2018, Anthony was 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, Anthony presided over a hearing of a CAS Appeal Panel in a disciplinary matter arising in Asia.
In February 2019, Anthony was appointed to a panel by a party in a commercial dispute.
In June 2019, Anthony was appointed as the sole arbitrator by parties in a disciplinary matter.
In August 2019, Anthony was appointed President of a panel in a good governance appeal.
In September 2019, Anthony was appointed to the Ad hoc panel for the FIBA World Cup.
In October 2019, Anthony was appointed President of a panel in a commercial dispute.
In May 2020, Anthony was appointed as the sole arbitrator in a commercial dispute.
In June 2020, Anthony was appointed to a panel by a party to a commercial dispute.
Sport Resolutions (UK)
In 2019, Anthony was 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.
FFA
As a member of the FFA Appeals Committee since 2008, Anthony has 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, Anthony has 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, he has 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, Anthony has 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
Anthony has been nominated by the President of Resolution Institute as a sole arbitrator in a domestic commercial dispute and by Surf Life Saving New South Wales to preside over a Judiciary Committee hearing in a code of conduct matter.
Advisory and Advocacy
Professional Sportspersons, Clubs and Associations including for Triathlon Australia in 2012 in an arbitration hearing which concerned an appeal by World Champion Emma Snowsill against her non-inclusion in the Australian Olympic Team, for athletes charged with breaches of the world anti-doping regulations and for Kurtley Beale in a code of conduct hearing brought by the Australian Rugby Union (ARU) in the ARU Code of Conduct Tribunal.
Significant cases include
In the matter of Kurtley Beale and the Australian Rugby Union (2014)
Snowsil v Triathlon Australia (2012)
Recent publications include
“A guide to the new National Sports Tribunal”, Law Society Journal, April 2020
Anthony has a broad commercial practice, having worked in an advisory capacity, as an arbitrator and in court.
Advisory and Advocacy
Directors in relation to breach of directors’ duties and insolvent trading claims.
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).
Significant cases include
Leafs Gully Farm Pty Limited v Mitchell [2016] NSWCA 92
Leafs Gully Farm Pty Limited v Mitchell [2015] NSWSC 1460
Vertical Australia Pty Ltd v Air Company Vertical-T LLC [2012] NSWSC 719
A Little Company Limited v Peters [2007] NSWSC 833
Recent publications
“Latest from the High Court on Performance Bonds”, NSW Law Society Journal, April 2017
“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
Anthony 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 2015-2020 as one of Australia’s leading insolvency and restructuring barristers.
Advisory and Advocacy
ASIC in relation to breaches of continuous disclosure provisions, breaches of market manipulation requirements, misleading and deceptive conduct and unconscionable conduct, and disciplinary proceeding involving insolvency practitioners.
Banks and other financial institutions in relation to the enforcement of security interests and banker/customer disputes.
Creditors of insolvent companies and individuals.
Insolvency administrators (voluntary administrators, receivers, trustees in bankruptcy and liquidators).
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.
Significant cases include
ASIC v Wily and Hurst [2019] NSWSC 521
In the matter of Renovation Boys Pty Ltd (admins apptd) [2014] NSWSC 340
In the matter of Fishinthenet Investments Pty Ltd and Coastal Waters Seafood [2014] NSWSC 260
Carter, in the matter of Spec FS NSW Pty Ltd (in liq) & Ors [2013] FCA 1027
In the matter of Hunter Bulk Materials Pty Limited [2011] NSWSC 2011
Goyal v Chandra 68 NSWLR 313; [2006] NSWSC 239
Sutherland Re; French Caledonia Travel Service Pty Ltd (in liq) (2004) 59 NSWLR 361; NSWSC 1008
Southern Cross Interiors Pty Limited v Deputy Commissioner of Taxation (2001) 39 ACSR 305; (2001) 19 ACLC 1513; (2001) 53 NSWLR 213; and [2001] NSWSC 621 (Insolvency)
Anderson Group v Davies and Others (2001) 53 NSWLR 401 & (2001) 19 ACLC 1112; [2001] NSWSC 356
In the matter of Ricon Constructions Pty Limited (in liquidation) and the Corporation Law (1997) 43 NSWLR 174
Appeared at a hearing in the Federal Court of Australia in Victoria for two prominent national and international building companies (CPB, formerly Leighton Holdings and Thiess) in relation to claims brought by liquidators of the Hastie Group. The proceedings include directions sought by the liquidators as to aspects of the conduct of certain claims in relation to alleged outstanding receivables and an interesting claim in relation to the recoverability of bank guarantees provided by companies in the Hastie Group to secure their obligations under the various building contracts to CPB and Thiess.
Recent publications
“Liquidator’s Liens: the principle in Universal Distributing considered” Insolvency Law Bulletin, LexisNexis, June 2014 (2014. Vol 15 No 3
“Disclaimed Leases: Tenant Risk and Liquidation” (with Peter Agardy), NSW Law Society Journal, March 2014
Anthony has advised numerous banks and other financial institutions in relation to the enforcement of security interests and banker/customer disputes. He has acted in a mediation role in various banking disputes.
Recent cases include
Webuildem Pty Limited v Arab Bank of Australia Limited [2013] FCA
In the matter of Webuildem Pty Limited [2012] NSWSC 708
Westpac Banking Corporation v Munk [2012] NSWSC 504
Recent publications
“The Contractual Effect of the Code of Banking Practice” NSW Law Society Journal, September 2016 Financial Services Newsletter, LexisNexis, September 2016
“Fischer v Nemeske Pty Ltd [2016] HCA 11”, Australian Banking and Finance Law Bulletin, LexisNexis, May 2016
Anthony has a long established disciplinary and regulatory practice.
Significant cases include
In the matter of Kurtley Beale and the Australian Rugby Union (2014)
Nguyen v Australian Securities and Investments Commission [2012] AATA 156 (Regulatory)
Cityview Corporation Limited v Australian Securities and Investments Commission [2010] AATA 503
Recent publications include
“Civil Penalties: Everything Old is New Again” (with Conor Bannan), NSW Law Society Journal, March 2016
Klusman v Australian Securities and Investments Commission [2011] AATA 150
Anthony’s practice also covers professional negligence. His work has included:
Claims involving alleged negligence by lawyers
Claims involving the alleged negligence of town planners
Claims involving the alleged negligence of accountants
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