The Honourable Ken Handley AO C StJ QC


Tenth Floor Chambers
Selborne / Wentworth Chambers 174-180 Phillip Street
Sydney NSW 2000
Telephone: (+61.2) 9232 4609
Fax: (+61.2) 9221 3724
DX 375 Sydney

 
 



Ken Handley retired as a Judge of the New South Wales Court of Appeal in January 2012 after 22 years on that Court. This included the maximum possible time as an Acting Judge between 2007 and 2012.

While on the New South Wales Court of Appeal he also served as a part time Judge of the Fiji Court of Appeal from 1996 to 2003, and as a part time Judge of Fiji's Supreme Court from 2003 to 2009.

Prior to his appointment to the bench Ken practised at the Sydney Bar for 30 years, 17 as Queen's Counsel. He was also a member of the English and Fiji Bars. He had a general commercial, equity and appellate practice and appeared in intellectual property, banking, insurance, and shipping cases. He appeared frequently in the High Court of Australia, and in many cases in the Privy Council between 1967 and 1986 in appeals from Australia and Fiji. He also acted as an arbitrator and appeared in domestic arbitrations.

Ken is the author of three legal text books published in London and many articles and case notes in legal journals. These have ranged over estoppel, election, res judicata, bribery, fraud, tracing, and negligence. His publications and decisions have been cited by the High Court of Australia, the English Court of Appeal, the Supreme Court, the Privy Council and appellate courts in other jurisdictions including Ireland, Canada, Singapore, Hong Kong, Cyprus, and South Africa.

In Takhar v Gracefield Developments Ltd [2019] UKSC 13, [2019] 2 WLR 984 the Supreme Court approved one of his decisions at [49], [50], and [65] and quoted from it at [50].

 

Photo taken 24th July 2012

Photo taken 24th July 2012

 
 


Career highlights

  • 1959: call to the NSW Bar
  • 1973: Silk
  • 1986: call Lincoln's Inn
  • 1990: Awarded AO in Australia Day Honours
  • 1990 - 2012: Judge of the New South Wales Court of Appeal
  • 1996 - 2003: Part-time Judge of the Fiji Court of Appeal
  • 2004: Honorary Bencher Lincoln's Inn
  • 2003 - 2009: Part-time Judge of the Fiji Supreme Court until dismissed by the Military Government
  • 2012 - 2019: Court of Appeal of Tonga
  • 2013 - 2019: Court of Appeal of Kiribati
  • 2016: Promoted Commander Venerable Order of St John September
  • 2017 - 2019: Vice President Court of Appeal of Tonga

Education

  • BA, LLB (First Class Honours), University of Sydney, 1957
  • Visiting Fellow, Wolfson College, University of Cambridge, 1995
  • Visiting Fellow, Wolfson College, University of Cambridge, 1998
  • Inns of Court Visiting Fellow, 2001
  • Hon LLD, University of Sydney, 2007

Publications

Books

  • Spencer Bower Turner and Handley, Res Judicata, 3rd edition, Lexis Nexis London 1996; republished Malaysia 2005
  • Spencer Bower Turner and Handley, Actionable Misrepresentation, 4th edition, Lexis Nexis London 2000
  • Handley, Estoppel by Conduct and Election, Sweet & Maxwell London 2006
  • Spencer Bower and Handley, Res Judicata, 4th edition, Lexis Nexis London 2009
  • Spencer Bower and Handley, Actionable Misrepresentation, 5th edition, Lexis Nexis London 2014
  • Handley, Estoppel by Conduct and Election, 2nd ed, Sweet & Maxwell London 2016
  • Spencer Bower & Handley Res Judicata 5th ed Lexis Nexis 2019

Major Articles

  • Anshun Today (1997) 71 ALJ 934
  • Res Judicata: General Principles and Recent Developments (1999) 18 Australian Bar Review 214
  • The Constitutional Crisis in Fiji (2001) 75 ALJ 688
  • A Closer Look at Henderson v Henderson (2002) 118 LQR 397
  • Some Unsettled Aspects of the Hedley Byrne Doctrine and Commonwealth Perspectives (2002) 3 Common Law World Review 177
  • Exploring Election (2006) 122 LQR 82
  • The Three High Court Decisions on Estoppel 1988-1990 (2006) 80 ALJ 724
  • Unconscionability and Estoppel by Conduct: Triable Issue or Underlying Principle (2008) Conveyancer & Property Lawyer 382
  • Ho Chi Minh and the Privy Council (2008) 124 LQR 318
  • Further Thoughts on Proprietary Estoppel (2010) 84 ALJ 239
  • Some Overlooked Aspects of the Res Judicata Doctrine (2011) 127 LQR 83
  • Informal votes at a Constitutional Referendum (2011) 39 Federal Law Review 509
  • Causation in Misrepresentation (2015) 131 LQR 275 described by Lord Clarke in Zurich Insurance Co plc v Hayward [2016] UKSC 48, [2017] AC 142 at [38] as "impressive".
  • Waltons Stores Today (2016) 90 ALJ 625.
  • Sir John Kerr vindicated Quadrant vol 60 December 2016 p 70.
  • Estoppel Detriment and Causation (2017) 91 ALJ 812.
  • Fraud is a thing apart (2018) Lloyds M&CLQ 201.
  • Exploring new and old ideas about Estoppel and Election (2019) 93 ALJ 594.

Case Notes

  • Negligent Solicitors and Wills (1994) 110 LQR 55
  • Share Exchanges and the Meaning of Loss (1997) 113 LQR 53
  • Tracing and the rule in Clayton's case (1999) 115 LQR 186
  • Res Judicata in the European Court (2000) 116 LQR 191
  • Civil Liability for Bribery (2001) 117 LQR 536
  • Exclusion Clauses for Fraud (2003) 119 LQR 537
  • Paternity Fraud (2007) 123 LQR 337
  • Sham self-employment (2011) 127 LQR 171
  • Hard cases and res judicata (2011) 127 LQR 343
  • Uncertainty in leases: a role for promissory estoppel (2013) 129 LQR 10
  • Cambridge Gas rejected (2013) 129 LQR 144
  • Reinventing estoppel in the Privy Council (2014) 130 LQR 370
  • Civil Liability Contribution: Addendum for Double Satisfaction (2017) 133 LQR 377
  • The extended res judicata doctrine over extended (2017) 133 LQR 525
  • The Res Judicata effect of Declarations (2021) 137 LQR 198
  • Phosphate Sewage Pollutes English Law (2021) 137 LQR 390

Other Appointments

  • 1970 - 1980: Advocate Anglican Diocese of Sydney
  • 1980 - 2003: Chancellor Anglican Diocese of Sydney
  • 1987 - 1989: President NSW Bar Association
  • 1988 - 1989: President Australian Bar Association
  • 1999 - 2009: President Cranbrook School
  • 2006 - 2017: President St John Ambulance Australia (NSW)
  • 2012 - 2018: Fellow of St John's College Council Sydney University
  • 2014 - Lord Howe Island Land Allocation Review Report to NSW Government
  • 2015 - Report to DPC Victoria on role of State Public Service in decision of former Coalition Government to enter into East - West Link contract

 
 


Contact (Sydney) :

Email: handleyken@me.com

Clerk: Emma Hoolihan
Email: hoolahan@tenthfloor.org
Tel No: (+61.2) 9232 4609
Fax No: (+61.2) 9221 3724

www.tenthfloor.org


Contact (London) :

Ten Old Square
Lincoln's Inn

Clerk : Keith Plowman
Email: clerks@tenoldsquare.com
Phone: (44) 207 405 0758

www.tenoldsquare.com

 

Copyright © 2021
Ken Handley QC
All rights reserved


Ken Handley QC
Tenth Floor Chambers
Selborne / Wentworth Chambers 174-180 Phillip St. Sydney NSW 2000
Telephone: (+61.2) 9232 4609    Fax: (+61.2) 9221 3724    DX 375 Sydney