Mr. Indraveer Chatterjee

Phone: (02) 8239 3266
Fax:      0292370821
Email: ichatterjee@chambers.net.au

Year of Admission NSW Bar: 2016

Admitted as a solicitor: 2007

Indraveer practices principally in commercial and employment law, and in the judicial review of migration decisions. He has appeared in a wide variety of Courts and Tribunals at both trial and appellate level, and primarily appears in the Federal Courts, the District Court of NSW, and the NSW Civil and Administrative Tribunal.

He was junior counsel assisting the Royal Commission into the Protection and Detention of Children in the Northern Territory in 2017 and has also appeared for the Medical Council of New South Wales in the exercise of NCAT’s protective jurisdiction under the Health Practitioner Regulation National Law (NSW).

 He has a keen interest on the fetters of executive power, and regularly appears in judicial review applications in the Federal Circuit and Federal Courts in respect of visa cancellations on character, as well as asylum seeker refusals.  He regularly  assists solicitors with legal matters that interface with migration issues – in the criminal, employment and family law jurisdictions.

He accepts briefs in all areas of law and from inhouse counsel.

He was, prior to coming to the bar, the principal of the HIV/AIDS Legal Centre where his principal areas of practice were employment, insurance, wills and estates and migration.

Papers:

  • Review and Recommendations for Reforms of Australian Laws and Policies Relating to Entry, Stay and Residence for People living with HIV (2014) (co-authored with Alexandra Stratigos, Mary Crock and Ron McCallum AO)
  • HIV and Consent: When Yes means No (HIV Australia Vol 8., No. 4, 2011)
  • Chapter – Legal responsibilities in relation to HIV and viral hepatitis, HIV, Viral Hepatitis & STIs – A Guide for Primary Care Providers, Australian Society for HIV Medicine (2014) (Reviewer)
  • Chapter – Health law, The Law Handbook : Your Practical Guide to the Law in New South Wales, Redfern Legal Centre (Thomson Reuters) (various editions) (Co-author)

Sample Cases:

Commercial and other

  • O’Neill v Country Motor Company Pty Ltd [2019] NSWCATAP 129 (Appeal – consumer guarantees)
  • Chehelnabi v Gourmet and Leisure Holdings Pty Ltd [2020] NSWCATAP 102 (Appeal – nuisance – Strata Schemes Management Act 2015 (NSW))
  • The Sydney Building Company Limited v Sinac [2019] NSWCATAP 43 (Home Building Act 1989 (NSW) – limitation periods – statutory construction)
  • O’Connor v O’Connor [2017] NSWSC 1648 (led by Benjamin DeBuse) – Preliminary Discovery – acquisition of company

Administrative:

  • CWGF v Minister for Home Affairs [2019] FCA 1802 (Jurisdictional error – proper, genuine and realistic consideration)
  • CHJK v Minister for Home Affairs [2019] FCA 1330 (Jurisdictional error – failure to consider relevant material)
  • Kassem v Minister for Home Affairs [2019] FCA 1196 (Jurisdictional error – citizenship – applicant’s submissions as a mandatory relevant consideration)
  • BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114 (Jurisdictional error – legal unreasonableness)

Employment:

  • Liu v Stephen Grubits and Associates [2019] FCAFC 24 (Jurisdiction – Federal Circuit Court – Costs – Fair Work Act 2009(Cth) – statutory construction)
  • Health Care Complaints Commission v Whitton [2019] NSWCATOD 175 (Disciplinary – Health Practitioner Regulation National Law – de-registration)
  • Sudath v The Medical Council of NSW [2019] NSWCATOD 18 (Disciplinary – Health Practitioner Regulation National Law – re-instatement)