Joseph Gersten

Chambers
Street AddressPO Box 1139, Tully Queensland 4854
Postal AddressPO Box 1362, Neutral Bay New South Wales 2089
DX Address
Telephone
Mobile0410 381 485
Fax
Emailjoseph.gersten@ymail.com
Website
Year Admitted to Practice WA, TAS, SA, QLD, NT, NZ, NSW, High Court, ACT
Year Elected to WABA2016
Year Appointed QC/SC
QualificationsLLM (UGent, Belgium); JD (Miami); MA (Maryland); BSc (NYU)

Mr Gersten is a member of the Queensland Bar Association. He is an Interstate member of the Western Australia Bar Association. Mr Gersten was admitted to practise as a Barrister before the Supreme Court of the ACT and the High Court in 1996. He was called to the Queensland Bar in 1998.

He has obtained, in the order in which they were granted, a BSc, MA, JD and LLM. Mr Gersten’s LLM with Distinction was granted by Gent University in Belgium. His specialty is European and European Union Law.

In addition to practising trial and appellate law, his advices include International law, both private and public.

Because he has been admitted to practice in Northern Ireland, Mr Gersten is permitted to practice in the European Union Court of Justice in Luxembourg. He has authored work on Preliminary Rulings; the European Union’s equivalent of a combined Declaration and Injunction. Such judgments require the courts of a Member State of the European Union to apply the law enunciated in the Court of Justice’s judgment;  and which, if the facts are similar in cases in other Member States’ courts, must also be applied in those cases as well.  Thus, it is his view that lodging an application for a Preliminary Ruling can be both litigation strategy as well as a means to establish the law to be applied in the European Union’s Member States’ national courts.

AREAS OF PRACTICE

  • Administrative & Constitutional
  • Commercial Law
  • Competition Law
  • Conflict of Laws
  • Consumer Protection
  • Criminal Law
  • Disciplinary Tribunals
  • Equity
  • Landlord & Tenant
  • Personal Injury
  • Professional Negligence