1. Dr John Keogh
Barrister at Law
Location: Sydney and
prepared to travel
Principal Occupation: Barrister - Mediator/Arbitrator
Qualifications
• Bachelor of Laws, University of Technology Sydney, 1988
• Postgraduate Study in Dispute Resolution, The Centre of Dispute Resolution at University of
Technology Sydney, 1990-1993
As a part of this study John completed a research project in dispute resolution for the NSW
bar in 1992, for which he received a distinction from UTS. The project was designed to
explore Barristers’ attitudes to the use of alternative dispute resolution processes.
• Doctor of Juridical Science, University of Technology Sydney, 2000
• Nationally Accredited Mediator (NMAS), NSW Bar, 2010
Government and Judicial Appointments
• Land and Environment Court: Mediation Panel, Since 1995
• Supreme Court: Appointed to the Court's Mediation, 2001-2015
• District Court: Appointed to the Court's Mediation Panel, Since 2001
• Local Court: Appointed to the Court's Arbitration Panel, Since 2002
• Workers Compensation Commission: Appointed to the NSW Workers Compensation
Commission to provide arbitration and/ or mediation services, since 2002
• Residential Tenancies Tribunal: Appointed as part-time member, 1992-1997
• Farm Debt Mediation Panel: Rural Assistance Authority of NSW, since 1995
• Retail Tenancy Unit, NSW Government: Appointed to the Mediation Panel, since 2009
• LEADR: Member of Advanced Panel of Dispute Resolvers, since 1993
ADR Industry Appointment
Standards Australia, 1998-1999
Contact Details: +61 (2) 9233 1322 Chambers +61 0416213460 Mobile
Third Floor, Culwulla Chambers,
67 Castlereagh Street, Sydney, Australia 2000
DX 437 SYDNEY
johnkeogh@johnkeogh.com.au
Liability Limited by a Scheme approved under Professional Standards Legislation
2. Member of the National Committee for the development of an Australian Standard “Guide
to the prevention, handling and resolution of disputes”. Twenty organisations were
represented on the Standards Australia Committee. The Committee produced the Australian
Standard in October 1999.
ADR Training
• LEADR, "Advanced Mediation Seminar Workshop", 1992: Multi-Party Mediation
• UTS Sydney "Dispute Resolution", 1991 (12 month course)
• UTS Sydney, "Advanced Mediation", 1992 ( 6 month course)
• UTS Sydney, "Dispute Resolution in Commerce", 1993 ( 6 month course)
• UTS Sydney, "Courts Based Dispute Resolution", 1993 ( 6 month course)
• LEADR , "ASA workshop & panel", 2000
• Chartered Institute of Arbitrators, “International Arbitration”, 2000
• LEADR, "Building Industry Security of Payments" 2000
• Workers Compensation Commission, "Conciliators / Arbitrators training course", 2002-2008
• NSW Bar Association, "Mediation Training Annual Conferences" 2009-2015
ADR Experience
Commercial Mediations
John has performed over 500 commercial mediations with his expertise primarily focused on
areas of commercial contract, property and personal injury.
Property experience includes,
o Mediating large city property complexes incorporating, residential towers, retail and
commercial areas, and parking stations.
o Mediating property development partnership disputes between statutory bodies or
financial institutions and their private development partners.
o Facilitating the consolidation of large residential and rural land holdings in
association with their mortgage backed financial institutions.
Personal Injury experience includes,
o Mediated over 200 work injury matters including psychological injuries where
parties suffered injuries exceeding 15% whole person impairment.
o Chaired review panels reassessing the validity of Medical Assessment Certificates
provided by Work Cover approved medical specialists. (2006-2008)
Arbitration
John has delivered over 900 arbitrations decisions. His extensive experience, detailed below,
includes a broad scope of property issues as well as personal injury.
o Appointment to the residential tenancies tribunal which dealt with such issues
concerning
residential tenancy
strata titles
retirement villages (disputes between resident committees and building
owners)
property development
commercial properties
retail properties
o Appointment to District Court Philadelphia Arbitration System, 2000-2007
3. Involved a wide range of commercial matters, personal injury, motor vehicle
accidents and property related negligence
o Appointment to the Workers Compensation Commission(WCC), 2002-2015
Handed down over 200 decisions on workplace injuries and mediated in
excess of 200 work injury damages disputes
o Appointed as an Expert Determinator in property cases involving large multi use
property complexes incorporating high rise residential towers with commercial and
retail strata areas
4. Professional & Legal Associations
• Commercial Law Association of Australia service to law education and commerce
1997 - 2013:
o Member since 1997. Appointed Life Member 2009.
o Director of the Board 2000-2009..
o National President of the Association 2001 - 2006.
o Chaired the CLA Legislative Review Task Force from 2001-2006.
o Honoured with Life Membership
• Establishment of Law Foundation 1999 – 2013. At the invitation of Professor David
Barker, Dean, UTS Faculty of Law, established a Law Foundation through the UTS law alumni
to assist law students to continue with their studies through charitable grants and merit
based scholarships. Brought together a Board of Trustees and established the Foundation.
Chaired the Foundation from its inception to 2007.
• ANZAM appointment 1996 - 1997 Assisted the board of ANZAM in reshaping the
professional association of business schools and graduate schools of management
throughout Australia and New Zealand. Drafted ANZAM’s Constitution and advised the
association on its restructuring.
• Australian Property Journal 2005-2010 edited Legal Notes segment quarterly.
Mentoring/ Teaching Experience
UWS Appointments, 1992- 2002
Graduate Diploma in Mediation Practice at UWS MacArthur: appointed as an industry
professional to Course Accreditation and Advisory Committee for the establishment of the
Diploma. In addition to serving on the Advisory Committee, provided 30 hours of mentoring
and mediation experience to each of 12 graduate students in the Course (1996 - 1999)
Lectured in property, planning and environmental law, commercial tenancy law, and
business ethics (1992- 2002).
Macquarie Graduate School of Management, 2001
Co-ordinated and presented ten seminars for MBA students in MGSM987 Law &
Management
Sydney Graduate School of Management (SGSM), (1996 – 2004)
Property Development: produced and directed thirteen four-day seminars programme for
the development industry (1997-2004)
UTS Sydney, 2001
Developed and presented Commercial Arbitration (Domestic) postgraduate course
5. Conference & Seminar Papers and Publications
Conference and Seminar Papers
Keogh, J (2014) The Role of Mediation in Resolving Retail Lease Disputes, Television Education
Network, CPD Essentials Seminar 6-7 March 2014, Sydney, Australia
Keogh, J (2013) Retail Lease Cases Current Issues 2012, College of Law, CPD Seminar 18 March 2013,
Sydney, Australia
Keogh, J (2013) Retail Lease Disputes: Current Trends, Seventh Annual Property Law Conference,
Television Education Network 14-15 February 2012, Sydney, Australia
Keogh, J & Hyam, A (2013) Interference With Private Property Rights, Commercial Law Association
Property And Planning Law Conference 1 March 2013, Sydney, Australia
Keogh, J (2013) Compensatory Losses in retail lease disputes, College of Law CPD Seminar 25
February 2013, Sydney, Australia
Keogh, J (2012) The ADR Obligations of Legal Practitioners in Civil Proceedings, LEADR Association of
Dispute Resolvers NSW Chapter 2012 Seminar Series, 27 September 2012, Sydney, Australia
Keogh, J (2012) Heaven knows what’s reasonable Mrs Donoghue (but have we lost our way in the
search for the reasonable man?), College of Law Donoghue v Stevenson: 80th
Anniversary Conference,
25 May 2012, Sydney, Australia
Keogh, J (2012) Compensatory Damages in retail tenancy disputes, College of Law Seminar 5 March
2012, Sydney, Australia
Keogh, J (2012) Retail Leases in NSW, Some current issues, Sixth Annual Property Law Conference
Television Education Network 23-24 February 2012, Sydney, Australia
Keogh, J (2011) Light and the Tort of Nuisance: Illuminating the Road to Liability, College of Law,
Exotic and Emerging Torts Conference, 25 August 2011, Sydney, Australia
Keogh, J (2011) Mitigation of Loss & Damages in Retail and Commercial Leases , College of Law
Seminar 25 August 2011, Sydney, Australia
Keogh, J (2011) Significance of proposed amendments to the retail leases act 1994, College of Law
Property Specialist Accreditation course 27 May 2011, Wollongong, Australia
Keogh, J (2011) Retail Leases: Forfeiture of Retail Leases -reasons, remedies and risky business,
College of Law Seminar 24 March 2011, Sydney, Australia
6. Keogh, J (2011) Retail Leases: Disruption of Retail Trading, College of Law Seminar 17 March 2011,
Sydney, Australia
Keogh, J (2010) Unconscionable Conduct and Retail Lease Litigation, College of Law Seminar, 27 April
2010. Sydney, Australia
Keogh, J (2009) The Defence of Estoppel in Property Transactions, College of Law, 12 March 2009,
Sydney, Australia
Keogh, J (2009) Breach of the Quiet Enjoyment Covenant in Commercial and Retail Leases, College of
Law, 9 March 2009, Sydney, Australia
Keogh, J (2009) Retail Leases: Renovation, Relocation, Termination and Compensation, College of
Law, 20 February 2009, Sydney, Australia
Keogh, J (2008) Compulsory Acquisition: Gathering the Evidence in Special Value Cases, Australian
Property Institute, 23 October 2007, Sydney, Australia
Keogh, J (2008) Retail Leases: Relocation, Redevelopment & Demolition, Compensation and
Termination, Property Law Conference, 25 August 2008, Sydney, Australia
Keogh, J (2008) Compulsory Acquisition and the Special Value of Land: Unearthing the Essential
Valuation Principles in a Valid Claim for Compensation, College of Law Seminar Paper, 28 February
2008, Sydney, Australia
Keogh, J (2008) Retail Leases: Negotiation Landmines The Dangerous Connections Between Sections
3, 8 and 16 of the Retail Leases Act College of Law Seminar Paper, 25 February 2008, Sydney,
Australia
Keogh, J (2008) Commercial & Retail Lease Covenants: The Covenant of Quiet Enjoyment, Australian
Property Institute, 14 November 2008, Sydney, Australia
Keogh, J (2007) Compulsory Acquisition and the Special Value of Land: Unearthing the Essential
Valuation Principles in a Valid Claim for Compensation, Australian Property Institute, 23 October
2007, Sydney, Australia
Keogh, J (2007) Expediting Development Approvals in New South Wales, College of Law CPD Seminar
Paper, 31 July, Sydney, Australia
Keogh, J (2007) Litigation Issues in Retail Leases in New South Wales, Pacific Rim Real Estate Society
Conference, 21-24 January 2007, Fremantle, Australia
Keogh, J (2006) Litigation Issues: Pre-Lease Negotiation Options and Lease Renewals in Retail Shop
Leases, College of Law CPD Seminar: The Essentials of Litigation Issues in Commercial and Retail
Leases, 21 November, Sydney, Australia
7. Keogh, J (2006) Relief against Property Forfeiture in Australia, 12th
Annual Pacific Rim Real Estate
Society Conference, 22-25 January 2006, Auckland, New Zealand
Keogh, J (2005) Trading in Australia’s Greatest Liquid Asset: Water, 11th
Annual Pacific Rim Real
Estate Society Conference, 23-27 January 2005, Melbourne, Australia
Keogh, J (2005) Relief against Property Forfeiture in Australia, NSW Bar Association CPD Seminar, 20
April 2005, Sydney, Australia
Keogh, J (2005) The Earthly Rewards of Philanthropy, NSW Bar Association CPD Seminar Paper, 22
March 2005, Sydney, Australia
Keogh, J (2004) Liability of Professional Consultants and Contractors in Building and Construction
Projects, Cropper Parkhill Seminar, 8 September 2004, Sydney, Australia
Keogh J, (2004) Current Issues in Land Care Rights & Obligations, NSW Law Society Rural Issues
Conference, 16 October 2004, Sydney, Australia
Keogh J, (2004) Trading in Australia’s Greatest Liquid Asset: Water, NSW Law Society Rural Issues
Conference, 16 October 2004, Sydney, Australia
Keogh J, (2004) Mediation: A Bridge over Troubled Water – An Insight into Mediation as a Practical
Tool for Resolving Disputes in the Settlement of Farm Debt Disputes and Planning and Environment
Issues, NSW Law Society Rural Issues Conference, 16 October 2004, Sydney, Australia
Keogh, J (2003) The ‘Special Value’ of Land in Compulsory Acquisition Cases, 9th
Annual Pacific Rim
Real Estate Society Conference, 19-22 January 2003, Brisbane, Australia (revised & refereed paper)
Keogh, J (2003) Flirting with Forfeiture, 9th
Annual Pacific Rim Real Estate Society Conference, 19-22
January 2003, Brisbane, Australia
Keogh, J & Bradley, P (2002) The Potential for Contractual Disputes in Retirement Village Living, 8th
Annual Pacific Rim Real Estate Society Conference, 21-23 January 2002, Christchurch, New Zealand
Keogh, J (2001) Everything’s Rosy, Isn’t it? A Commentary on Legal Tensions Below the Surface in
Retirement Village Living, 7th
Annual Pacific Rim Real Estate Society Conference, 21-24 January 2001,
Adelaide, Australia
Keogh, J (2001) The ‘Special Value’ of Land in Compulsory Acquisition Cases, 7th
Annual Pacific Rim
Real Estate Society Conference, 21-24 January 2001, Adelaide, Australia
Keogh, J (2001) Contaminated Land and Risk Management Issues: ‘How Foreseeable is Corporate
Liability? 7th
Annual Pacific Rim Real Estate Society Conference, 21-24 January 2001, Adelaide,
Australia
8. Keogh, J & Perkins, M (2001) The Harvesting of Biosphere Assets: Current Issues in the Recognition
and Management of Proprietary Rights within an Information Economy, 6th
Annual Asian Real Estate
Society Conference, 1-3 August 2001, Tokyo, Japan
Keogh, J (2000) Have Legislative Reforms Expedited Property Development Approvals in New South
Wales? 6th
Annual Pacific Rim Real Estate Society Conference, 23-27 January 2000, Sydney, Australia
Keogh, J (1999) The New Approach to Environmental Risk in Corporate Management, 13th
ANZAM
Conference, 1-4 December 1999, Hobart, Australia (refereed paper)
Keogh, J (1999) Dealing With Unconscionable Conduct: An Overview of the Legal Principles and
Applications in Australian Trade Practices Legislation, NSW Retail Leases: The New Regime and Fair
Trading Seminar, 24 March 1999, Sydney, Australia
Keogh, J (1999) The New Approach to Environmental Risk in Corporate Management, International
Real Estate Society Conference, 26-30 January 1999, Kuala Lumpur, Malaysia
Keogh, J (1999) The Case against Unconscionable Conduct: Why the Property Industry Should Take
Notice of the Newest Trade Practices Legislation, International Real Estate Society Conference, 26-30
January 1999, Kuala Lumpur, Malaysia
Keogh, J (1999) Landlords and Shopping Centres - Negotiating a ‘Fair Deal’ with Limited Liability,
International Real Estate Society Conference, 26-30 January 1999, Kuala Lumpur, Malaysia
Keogh, J (1999) The Language of Negotiation: Who Cares about the Liability? An Exploration of the
Liability of Developers and Agents under Trade Practices and Common Law for Misleading and
Unconscionable Conduct, International Real Estate Society Conference, 26-30 January 1999, Kuala
Lumpur, Malaysia (revised & refereed paper)
Keogh, J (1998) The New Approach to Environmental Risk in Corporate Management, 12th
ANZAM
Conference, 6-9 December 1998, Adelaide, Australia
Keogh, J (1998) “Seeing the Unforeseeable” Risk Management Aspects of Due Diligence in
Environmental Management Systems, 4th
Annual Pacific Rim Real Estate Society Conference, 19-21
January 1998, Perth, Australia
Keogh, J (1998) “Defective and Dangerous” The Impact of Northern Sandblasting Pty Ltd v Harris
(High Court of Australia) on a Landlord’s Duty of Care, 4th
Annual Pacific Rim Real Estate Society
Conference, 19-21 January 1998, Perth, Australia
Keogh, J (1998) The Duty to act with Equity and Good Conscience: An Exploration of the Judicial
Decision Making Processes in Property Related Tribunals, 4th
Annual Pacific Rim Real Estate Society
Conference, 19-21 January 1998, Perth, Australia
9. Keogh, J (1996) The Hidden Half of Real Estate Negotiations, 2nd
Annual Pacific Rim Real Estate
Society Conference, 21-24 January 1996, Sanctuary Cove, Queensland, Australia
Keogh, J & Harker, N (1995) Critical Aspects of Lease Restructuring in Low Inflation Cycles, 28-29 April
1995, Pacific Asia Property Research Conference, Singapore
Keogh J (1994) Legal Aspects of Lease Restructuring and Income Preservation: Commercial Leases,
Australian Institute of Valuers and Land Economists (AIVLE), 2 June 1994, Canberra, Australia
Keogh J (1994) Environmental Due Diligence: The New Game of Legal Brinkmanship, ANZAM 1994
Conference, 7-10 December 1994, Wellington, New Zealand
Publications
Keogh, J (2008) Retail Leases: Negotiation Landmines, Australian and New Zealand Property Journal,
1(6): 468-476
Keogh, J (2008) Compulsory Acquisition and the “Special Value” of Land, Australian and New Zealand
Property Journal, 40(1): 60-72
Keogh, J (2006)Relief against Property Forfeiture in Australia, Australian Property Journal,39(1):58-63
Keogh, J (2006) The Earthly Rewards of Philanthropy: Why Establishing Your Own Foundation is Such
a Positively Good Idea, Commercial Law Quarterly, 19(4): 24-30
Keogh, J (2005) The New River of Gold: Trading Water Rights in a Regulatory Environment, Australian
Property Journal, 38(5): 407-411
Keogh, J (2003) How to Determine the “Special Value” of Land in Compulsory Acquisition Cases, Law
Society Journal, 41(10): 54-57
Keogh, J (2004) The “Special Value” of Land in Compulsory Acquisition Cases, Australian Property
Journal, 38(1): 47-49
Keogh, J (2003) The “Special Value” of Land in Compulsory Acquisition Cases, New Zealand Property
Journal, May 2003: 36-39
Keogh, J & Perkins, M (2002) The Harvesting of Biosphere Assets, Commercial Law Quarterly, 16(2):
23-29
Keogh, J (2001) Unconscionable Conduct Forum: Shopping Centres, Gladiators and the ACCC,
Commercial Law Quarterly, 15(2): 15-20
Keogh, J (2001) Have Legislative Reforms Expedited Development Approvals in NSW? Australian
Property Journal, 36(8): 725-8
10. Keogh, J (2001) New Amendments Promote Fairer Dealing on Leases, Australian Property Journal,
36(7): 645
Keogh, J (2001) New Cases Spotlight “Fair Deal” Principles in Negotiation and Transaction Behaviour,
Australian Property Journal, 36(6): 498-502
Keogh, J (2000) Everything’s Rosy, Isn’t it? A Commentary on Legal Tensions Below the Surface in
Retirement Village Living, Department of Fair Trading Journal: “Village Green”, 2000
Keogh, J (2000) The Impact of Unconscionable Conduct on Property Negotiations, Australian Property
Journal, 36 (2): 132-135
Keogh, J (1999) Seeing the Unforeseeable: Risk Management Aspects of Due Diligence in
Environmental Management Systems, Commercial Law Quarterly, 13(2): 16-21
Keogh, J (1999) The New Approach to Environmental Risk in Corporate Management, Commercial
Law Quarterly, 13(1): 7-12
Keogh, J (1999) Doctoral Thesis (SJD) Environmental Due Diligence: Legal Principles, Corporate
Strategies, University of Technology Sydney, Library Call No. 347.34 Keogh
Keogh, J (1998) Limiting the liability in property transactions: Negotiating a ‘Fair Deal’ with the Trade
Practices Act in Mind, Commercial Law Quarterly, 12(4): 20-21
Keogh, J (1998) The Duty to Act with Equity and Good Conscience: An Exploration of the Judicial
Decision Making Processes in Tribunals, Commercial Law Quarterly, 12(3): 24-26
Keogh, J (1998) Agents and Trade Practices: Pass the Liability Please, Inside Realty, July 1998
Keogh, J (1998) Landlords and Agents: Defective and Dangerous Premises, Inside Realty, April 1998
Keogh, J (1998) Landlords and Shopping Centres: Negotiating a ‘Fair Deal’ with Limited Liability,
Property Australia, 13(1): 38-40
Keogh, J (1998) The Duty to Act with Equity and Good Conscience, NSW Law Society Journal, 36(8):
59-60
Keogh, J (1998) Defective & Dangerous: Northern Sandblasting v Harris, NSW Department of Fair
Trading “Keynotes”, March 1998
Keogh, J (1998) Common Law Issues and Implications for Commercial Property Risk Management in
Northern Sandblasting v Harris, Commercial Law Quarterly, 12(2): 13-20
Keogh, J (1996) Dispute Resolution Systems in the NSW Land and Environment Court, Australian
Dispute Resolution Journal, 7(3): 169-192
