Mr Gersten is a member of the New South Wales 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 European law specialty is 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.