- Phone:
- (AU) +61 (0)3 9225 8622
(UK) +44 (0)20 7353 2484 - Email:
-
ccroft@vicbar.com.au
croft@falcon-chambers.com
- Website:
- http://www.falcon-chambers.com/doortenants/member.cfm?id=301
Overview
Extensive experience and expertise in property, equity and commercial law (including equity, trusts, real and personal property, corporations, commercial projects and associated freehold and leasehold conveyancing, mortgages and securities, securitisation, commercial leases, commercial contracts generally, trade practices, construction and engineering and related matters) and international and domestic commercial arbitration, involving:
- appearances in the higher courts, statutory tribunals and arbitration tribunals;
- commercial arbitration as arbitrator (having conducted a very significant number of domestic commercial arbitrations and, as sole arbitrator, tribunal chairman or co-arbitrator, a significant number of international commercial arbitrations), including major construction and engineering disputes;
- mediation, conciliation and other aspects of alternative dispute resolution (as mediator or conciliator and appearing for parties); and
- advice generally, including analysis of and advice on related policy issues and policy development for both Government and private clients.
In particular, in relation to international commercial arbitration (and mediation): Chairman of separate International Chamber of Commerce (ICC) Arbitral Tribunals in relation to aircraft “wet” leasing and very substantial business/share sale agreements; Member of ICC Arbitral Tribunal in relation to the construction of a hydro-electric scheme in the Philippines (involving a series of major hearings and awards over five years); arbitrator, appointed by an ad hoc international tribunal in the same proceedings, deciding all procedural and substantive privilege issues (domestic and international), involving extensive awards and hearings; sole arbitrator, arbitral tribunal member or chairman in commodities, franchising and other commercial arbitrations (under various arbitration rules, including ICC and UNCITRAL); and nominated arbitrator or arbitral tribunal member in other (ICC and UNCITRAL) commodities and other commercial arbitrations.
Additionally, was Foundation Vice-President of Australian Centre for International Commercial Arbitration (1985-6), Vice-President ( 1996-2003) and Treasurer (2003 to date); adviser to the Victorian Government in relation to ACICA's establishment (and subsequently consultant to ACICA); foundation member of the Asia-Pacific Council of the London Court of International Arbitration (LCIA) and formerly LCIA National Liaison Member for Australia.
Represented the Asia Pacific Regional Arbitration Group (APRAG) at sessions of the United Nations Commission on International Trade Law (UNCITRAL) Working Group on International Conciliation and Arbitration (Vienna (2005 - 2009) and New York (2006 - 2009) revising the UNCITRAL Model Arbitration Law and the UNCITRAL Arbitration Rules (and see the APRAG Reports of these Sessions at www.aprag.org and at www.clydecroft.com).
Resumé
- 1993 - present
-
Deakin University (Melbourne)
Adjunct Professor of Law
Current appointment until 2010
- Aug/Sept 2006, 2007 and 2008
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Faculty of Law, University of Cambridge
Visiting Scholar
- 1988 - present
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Various Australian Governments
Extensive legal and policy advice
- 1987-88
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Northern Territory Department of Law (Attorney-General's Department)
Secretary (Department Head)
Crown Solicitor/Solicitor
- 1986
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British Columbia Government
Adviser
Provision of advice in relation to the establishment of the British Columbia Commercial Arbitration Centre and enabling legislation enacting the UNCITRAL Model International Commercial Arbitration Law
- 1987
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Northern Territory of Australia
Public Notary
- 1987-1988
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Northern Territory of Australia
Crown Solicitor; Solicitor
- 1986
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Law Reform Commission of Victoria
Executive Director
- 1984 - 1985
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Law Department (Attorney-General's Department), Victoria
Assistant Secretary (Policy Co-ordination)
Acting Deputy Secretary
- 2004 - present
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Barristers Clerking Services Pty Ltd
Chairman
Barristers' List A, Victorian Bar
- 2000
-
Australia
Silk
- 1979
-
Victoria
Called to Bar
- 1978
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New South Wales
Called to Bar
- 1983
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Gonville and Caius College, Cambridge
PhD; WM Tapp Research Student
- 1971 - 1979
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Monash University, Melbourne
B Ec; LL B; LL M
Publications
- Commercial Tenancy Law in Australia;
Butterworths (1990).
Joint author with Professor A. Bradbrook, University of Adelaide). 2nd edition Butterworths, 1997, with a third edition as Commercial Tenancy Law, jointly with Professor Bradbrook and Robert Hay, published in December 2008. - Retail Leases Victoria;
Butterworths/LexisNexis (March 2006).
A major loose-leaf work, being the fifth edition of Croft, Retail Leases, previously published between 1992 and 2004 by the Leo Cussen Institute. - Handbook of Rent Review;
Sweet and Maxwell (2009).
Main work by Kirk Reynolds QC and Guy Fetherstonhaugh QC of Falcon Chambers, London. Consultant Editor, Australian and New Zealand Law and Practice and author of an extensive chapter on Australasian rent review law and practice - Fisher and Lightwood's Law of Mortgage - Australian Edition;
Butterworths (1995).
Jointly with Professor ELG Tyler and Mr Justice PW Young CJ in Equity (Supreme Court of NSW); second edition (joint author, as above) published November 2005 (Butterworths/LexisNexis) - The Mortgagee's Power of Sale;
Butterworths (1980).
A second edition of this work, joint author with Jan Johannsson, was published in June 2004 (Butterworths/LexisNexis) - On Equity;
Law Book Co. (2009).
Jointly with Mr Justice PW Young AO, Judge of the NSW Court of Appeal, and Megan Smith. - CCH Victorian Conveyancing Service.
Consultant Editor. This is a text dealing with land contracts, leases, mortgages and commercial conveyancing. - Australian Property Law Journal;
Butterworths/LexisNexis .
General Editor. - Contemporary Issues in Property Law;
Leo Cussen Institute (1997).
General Editor. A series of substantial books containing papers on property law issues of current relevance; including leases, mortgages, sale of land and more generally. Four books in the series to date. - A Guide to the Revised UNCITRAL Arbitration Rules;
Cambridge University Press .
jointly with Christopher Kee; to be published early 2010 subject to the progress of the UNCITRAL Working Group II (Arbitration) with the current UNCITRAL Arbitration Rules revision project). - Attorney-General's (Vic) Working Party on Alternative Dispute Resolution Report.
Written in consultation and with the agreement of the Working Party. - Review of the Retail Tenancies Act 1986.
Prepared for submission to the Minister for Small Business by the Small Business Advisory Network.
Memberships
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International Bar Association (and the IBA Arbitration and Mediation Committees) -
Law Council of Australia (LCA)(and International Law Section, LCA) -
Australian Institute of Judicial Administration (AIJA) -
Leases Committee (Law Institute of Victoria) -
Property Law Committee (Law Institute of Victoria)