The Hon Anthony Besanko KC

Judicial Career

• International Judge of the Singapore International Commercial Court (January 2025)
• Justice of the Federal Court of Australia (April 2006-May 2024)
• Justice of The Supreme Court of South Australia (October 2001-March 2006)
• Justice of the Supreme Court of Norfolk Island from 2013 and Chief Justice from February 2015 to May 2024
• Additional Justice of the Supreme Court of the Australian Capital Territory (March 2007- May 2024)

The Federal Court of Australia is a national superior court established under legislation of the Commonwealth (the national Parliament) and is of equivalent status to the Supreme Court and Courts of Appeal of the States and Territories of Australia. The jurisdiction of the court includes a wide commercial practice area: commercial contracts, banking, finance and insurance, corporations, insolvency both personal and corporate, trade practices, competition and market regulation, supervision of international commercial arbitration, intellectual property (patents, trademarks registered designs, copyright and confidential information) taxation, admiralty and public law.

Between April 2006 and May 2024 and as a Judge of the Federal Court, Anthony exercised the jurisdiction of the Court in all areas of the Court’s work. He sat as a judge at first instance in a number of matters and he sat regularly as an appellate judge. In addition and as part of a small committee he assisted the Chief Justice in matters relating to appeals and applications for leave to appeal, including the listing of matters, requests for expedition and, where appropriate, whether the bench should be comprised of three or five judges.

The South Australian Supreme Court is a superior court and is the highest court in South Australia. The Court is a court of general jurisdiction and includes both civil and criminal jurisdiction and appeals from judges sitting at first instance and from the lower courts.

Anthony was involved in all areas of the Court’s jurisdiction, including appeals.

Judicial work

Between April 2006 and May 2024 and as a judge of the Federal Court, Anthony delivered more than 650 judgments at first instance and, as a member of the Full Court, in the delivery of more than 280 judgments.

Between October 2001 and March 2006 and as a judge of the Supreme Court, Anthony delivered 133 judgments at first instance and, as a member of the Full Court, in the delivery of 165 judgments.

During his time as a judge of the Federal Court and sitting as an appellate judge, a sample of the judgments in the areas of commercial and company law, equity and trusts, intellectual property, admiralty, public law insurance, bankruptcy and statutory interpretation are as follows:

• Hancock Prospecting v Rinehart [2017] FCAFC 170 (concerned with the construction of arbitration clauses and a stay of proceedings whilst arbitration takes place).
• Gujarat NRC Coke v Coeclerici [2013] FCAFC 109 (concerned with the enforcement of an international arbitration award).
• The Ship “Gem of Safaga” v Euroceanica [201O] FCAFC 308; 185 FCR 308;269 ALR 49 (concerned with an action involving a “surrogate” ship).
• CMA CGM SA v Ship “Chou Shan” [2014] FCAFC 90; 311 ALR 234 (concerned with whether proceedings in Australia should be stayed where there are proceedings in China and consideration of the “natural and obvious forum” test and the “clearly inappropriate forum” test)
• Ship “Sam Hawk” v Reiter Petroleum Ltd [2016] 26; 246 FCR 337; 335 ALR 584(concerned with the recognition of foreign maritime lien in Australian law).
• Korea Shipping Corporation v Lord Energy SA [2018] FCAFC 201 (concerned with the issue of the beneficial ownership of a ship).
• Rockment v AAI [2020] FCAFC 228 (concerned with the construction of an exclusion clause in an insurance contract dealing with business interruption and an exclusion concerning disease).
• Liberty Mutual Insurance Company v Icon Co (NSW) [2021] FCAFC 126 (concerned with the construction of and rectification of insurance policies).
• Commissioner of Taxation v Resource Capital Fund [2019] FCAFC 51 (concerning whether a corporate limited partnership was competent to object to an assessment and a double taxation agreement).
• Minerva Financial Group v Commissioner of Taxation [2024] FCAFC 228 (concerned with whether the dominant purpose of a taxpayer’s scheme was to obtain a tax benefit)
• Paciocco v Australian and New Zealand Banking Group Ltd (2015] FCAFC 50; 236 FCR 199; 321 ALR 584 (concerned with the law of penalties, good faith and the meaning of statutory unconscionability).
• Lodestar Anstalt v Campari America [2016] FCAFC 92; 120 IPR 1 (concerning whether a trade mark should be removed for non-use and whether the arrangement between owner and licensee gave rise to an authorized use).
• Keller v LED Technologies [2010] FCAFC 55; 185 FCR 449; 268 ALR 613; 87 IPR 1 (concerned with infringement of registered designs by companies and whether a director was liable as an accessory).
• Omnilab Media Digital Cinema Network [2011] FCAFC 166; 285 ALR 63; 86 ACSR 674 (concerned with breaches of directors’ duties and knowing involvement of rival companies).
• LED Technologies v Roadvision [2012] FCAFC 3; 199 FCR 204; 287 ALR 1; 94 IPR 481 (concerned with the tort of procuring or inducing a breach of contract and consideration of the Designs Act 2003 (Cth).
• Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 (concerned with a challenge by an international tennis player to a cancellation of his visa on the ground of a risk to the health, safety and good order of the Australian community).