Bernard Collaery
Partner
Bernard Collaery is a litigation lawyer who acts more often for Plaintiffs but also for Defendants in personal injury cases, particularly medical negligence.
Highly experienced in coronial law, Bernard brings to the practice his many years as an advocate in sometimes complex but always compelling emotive inquests. He has acted as counsel in catastrophe cases such as the Thredbo Landslide Disaster, the Royal Canberra Hospital Implosion and the fire aboard HMAS Westralia.
Notably, Bernard was the solicitor in a landmark Supreme Court case that secured a then unprecedented amount of damages for a Plaintiff who suffered cerebral palsy as a result of negligent hospital care.
Bernard has conducted jury trials in serious criminal matters as an advocate and has conducted prominent litigation in the field of civil / human rights.
A long time legal adviser to the East Timor Resistance and to the East Timor President, Xanana Gusmao, Bernard is honorary solicitor to many organisations that represent disadvantaged and marginalised members of the community.
Practice Areas
Criminal Law
Coronial Law
Catastrophe Law
Medical Negligence
Property Damage
Personal Injury
Humanitarian Law
International Law
Contact
Phone Australia: (02) 6239 6033
Phone International: 61 2 6239 6033
Facsimile Australia: (02) 6239 6238
Facsimile International: 61 2 6239 6238
bcollaery@cclaw.com.au
Industry Experience
- Deputy Chief Minister and Attorney General of the ACT 1989 -1992
- Leader of Government Business in the ACT Legislative Assembly
- Minister for Housing and Community Services
- Legal Adviser to President Xanana Gusmao East Timor 1999 - present
- Legal Adviser National League for Democracy (liberated areas) Burma 1995 - present
- Chairman (acting) Australian Federal Government Determination of Refugee Status Committee 1982
- Member National Crime Authority 1990/91
Education
LLB - University of Sydney 1969
Admitted to Practice
Barrister - Supreme Court of NSW 1970
Legal Practitioner High Court of Australia 1971
Barrister & Solicitor Supreme Court of the ACT 1971
Barrister Supreme Court of Queensland
Barrister Supreme Court of Western Australia
Solicitor Supreme Court of Judicature Northern Ireland 1999
Appointments - Public Bodies
A/ Chairman Determination of Refugee Status Committee 1982
1990 - 1991 Member National Crime Authority
1992 - to date Member Refugee Council of Australia
1994 - 2000 Board Member, ACT Council for Social Services
Honorary Solicitor Nationa
l Brain Injury Foundation ( Australia )
Honorary Solicitor Ethnic Broadcasters Association of ACT
Foundation Board Member and Board Member Jobsolve Inc
Member, Australian Catholic Bishops Immigration and Refugee Advisory Council
Honorary Solicitor, from time to time, Winnunga Nimmunga Nimmityjah Womens Aboriginal Health Service
Patron, Tongan Association of Canberra and Queanbeyan
Patron, East Timor Relief Association
Publications
The Future Direction of Specialist Advice in the Public Sector
The Journal of Contingencies and Crisis Management, Oxford , June 1999
Other Spoken Languages
French
Selected Cases
Ren v ACT Government and Anor [300 ACT 1]
R v RB SCC51 1996- 2 August 1996
R v AG (1997) [129 ACTR 1]
R v Lee [2001] ACTSC 133 (21 December 2001)
R v Haughbro (1997) [135 ACTR 15]; (1997) [142 FLR 415]
Minister for Foreign Affairs and Trade and Ors v Magno and Anor (1992) [37 FCR 298]
Magno and Anor v Minister for Foriegn Affairs and Trade and Ors (1992) [35 FCR 235]
Director of Public Prosecutions (ACT) v Eastman [130 FCR 14]
Eastman v The Queen (2000) [CLR 1 at p74]
Eastman v The Queen (1997) [76 FCR9] (appeal against conviction order)
Inquest into the Thredbo Landslide 30 July 1997: http://www.lawlink.nsw.gov.au/lc.nsf/pages/thredbo_cor
Inquest into the Implosion of the Royal Canberra Hospital:
http://www.courts.act.gov.au/magistrates/dec/bender/conclusion.htm
Inquest into the deaths aboard the HMAS Westralia:
http://www.navy.gov.au/publications/westraliaboi/pdf/HMAS_Westralia_Finding.pdf
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