Charles Sturt University
Charles Sturt University

Igor Mescher

 Igor Mescher

Igor graduated with a Bachelor of Science degree from the University of New South Wales majoring in Applied Mathematics. He also graduated with Bachelor of Laws degree from the University of New South Wales.

In 1992 he graduated with a Master of Laws with Honours degree from Sydney University. His honours thesis dealt with the history of discrimination and preference under section 117 of the Constitution.

He was admitted as a solicitor of the Supreme Court of NSW on 1 July 1998 and as a barrister of the Supreme Court of NSW on 18 February 1994. He was admitted as an interstate legal practitioner in Victoria on 17 June 1997 and as a legal practitioner of the Supreme Court of Queensland on 21 July 2005.

He worked as a solicitor at Minter Ellison from 1988 to 1990 and as a solicitor at the NSW Crown Solicitor's Office from 1990 to 1991. He was the Legal Research Officer at the NSW Solicitor-General's Office from 1991 to 1994 where he specialised in constitutional litigation and advice across all areas of law, particularly statutory interpretation and constitutional law.

He then practised as a barrister in Sydney from 1994 onwards. The details of the cases in which he has appeared are listed under "Professional".

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Research Focus

Igor's main research interests are constitutional law, taxation law and statutory interpretation.

He intends to commence his doctorate in law specialising in the intersection of taxation theory and the constitutional underpinnings of taxation powers granted to federal legislatures in Australia, Canada and the United States.

Teaching Responsibilities

  • LAW 220 Business Organisations Law
  • LAW240 Industrial Law
  • LAW370 Law of Employment
  • LAW504 Business and Corporations Law
  • LAW515 Law of Employment
  • LAW540 Australian Law and Legal System

In 2014 Igor was awarded the CSU Learning and Teaching Faculty of Business Symposium Biggest Lift Award for making an extraordinary impact on the student experience in LAW370 by significantly lifting student experience indicators.

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Igor has appeared in the following constitutional law cases in the High Court of Australia:

  • Leask v Commonwealth (1996) 187 CLR 579;
  • Paliflex Pty Limited v Chief Commissioner of State Revenue (2003) 219 CLR 325;
  • South Sydney City Council v Paliflex Pty Limited (2003) 78 ALJR 101;
  • Permanent Trustee Australia Limited v Commissioner of State Revenue (2004) 220 CLR 388.

Igor has also appeared on behalf of the NSW Attorney General in many constitutional law cases in which the Attorney General has decided to intervene. In this capacity, he has appeared in the Local, District and Supreme Courts of NSW (both at first instance and in the Court of Appeal). Some of the more recent cases in which he has appeared in this regard are:

  • R v Baladjam & Ors (2010) 77 NSWLR 630;
  • Bitannia Pty Limited v Parkline Constructions Pty Limited (2006) 67 NSWLR 9;
  • Stryke Corporation Pty Limited v Miskovic [2007] NSWCA 72.

He also appeared in the Supreme Court, Equity Division, the Court of Appeal, the Full Federal Court and in the District Court in taxation matters, commercial matters and matters concerning statutory interpretation principally on behalf of NSW government agencies, the Chief Commissioner of State Revenue, departments and authorities but also on behalf of private individuals and corporations. In this regard, in the Court of Appeal and Full Federal Court he has appeared in the following matters:

  • Vartuli v Chief Commissioner of State Revenue [2015] NSWCA 372
  • In the Matter of Angelides Investments Pty Limited and GPJ Investments Pty Limited (Black J, unreported, 16 September 2015)
  • Perry Properties Pty Limited v Chief Commissioner of State Revenue [2013] NSWCA 274; (2013) ATC 20-414
  • Lo v Chief Commissioner of State Revenue [2013] NSWCA 180; (2013) ATC 20-396.
  • Northern NSW Football Pty Limited v Chief Commissioner of State Revenue [2011] NSWCA 51;
  • Dowe v Commissioner of NSW Crime Commission;
  • Gedeon v Commissioner of NSW Crime Commission (2007) 64 ACSR 91;
  • Chief Commissioner of State Revenue v Hayson Group of Companies Pty Limited (2006) 68 NSWLR 254;
  • Royal & Sun Alliance Insurance Australia Limited v Betta Industries Pty Limited; Harlander Pty Limited (in liq) v New South Wales (2002) 24 NSWCCR 164;
  • Moss v Deputy Commissioner of Taxation (2003) 59 NSWLR 139;
  • Chief Commissioner of State Revenue v Lee (2000) 45 ATR 130;
  • Mogensen v Conway (1998) 90 FCR 30;
  • Vista Commercial Construction Pty Limited v Deputy Commissioner of Taxation (1997) 79 FCR 288;
  • GIO Australia Limited v Robson & Nowlin Pty Limited (1997) 42 NSWLR 439;
  • Pye v Butterfield Cheese Factors Pty Limited (1996) 39 NSWLR 425;
  • Chippendale Printing Co Pty Limited v Commissioner of Taxation (1996) 62 FCR 347;
  • Williams v Minister, Aboriginal Land Rights Act 1983 (1994) 35 NSWLR 497.

Igor has regularly advised in the areas of general government law and NSW statutory interpretation. In particular, he has advised NSW Ministers and authorities concerning the effects of certain proposed legislative amendments and the legal effects of entering into certain contracts.

  • NSW Bar Association delegate to Law Council of Australia Human Rights Working Group (1994-1996);
  • Legal Education and Reading Committee of NSW Bar Association (1996-1999);
  • Taxation Committee of NSW Bar Association (2004 to 2008);
  • Professional Conduct Committee of NSW Bar Association (2005 to 2012).

Igor was a mock trial magistrate for the Law Society of NSW Mock Trial Competition between high schools for many years. He has been a judge for the University of Sydney Faculty of Law Mooting Competition.

He has also been an advocacy instructor and group leader for the NSW Bar Association Reader's Course and a judge for UNSW Faculty of Law Witness Examination competition.

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Articles

  • "The Premier Constitution: Legislative Power in NSW since 1855" (1992) 3 PLR 90 and in Essays on the Constitutions of the Australian States and Territories (J.Thomson ed.)
  • "Proof of Facts in Constitutional Law" in Matters of Opinion: Collected Papers of the NSW Bar Association at p53 (1994)
  • Charter of Rights and Freedoms for Australia together with Explanatory Memorandum (Australian Lawyer - May, 1995, edition)
  • "Wither Commonwealth Immunity?" (1998) 17 Aust Bar Rev 23
  • "Dealing with International Child Abduction" (1994) 32 (7) LSJ 28
  • "The Bill of Rights - Do we need uniform laws to protect human rights in Australia?" (1995) 68 Reform (ALRC Journal) 14
  • "Restrictions on Commencing Proceedings in the Compensation Court"(1996) 34 (6) LSJ 38
  • "Employment Must be a Substantial Contributing Factor" (1997) 35 (6) LSJ 38
  • "Commercial Law: Contested Winding Up Summons turns on Issues of Insolvency" (1999) 37(2) LSJ 38

Seminar Papers

  • "Appellate Advocacy" - delivered at NSW Bar Association CLE Seminar on 24 April 1996.
  • "Does Australia need a Bill of Rights?" - delivered during Law Week for Peoples Constitutional Convention on behalf of North Metropolitan Regional Law Society on 14 May 1996.
  • "Novel Intrusions into Privacy" - delivered at LAAMS "Privacy & Freedom of Information" on 27 November 1997.
  • "When is a Sub-Contractor a Sub-Contractor?" - delivered at LAAMS "Employment Law" Seminar on 25 March 2003 & NSW Bar Association CPD Newcastle Mini-Conference on 6 June 2004.
  • "Confidentiality & Privilege in NSW Administrative Decisions Tribunal" - delivered at NSW Crown Solicitor's Office MCLE Seminar on 28 July 2004.
  • "Mortgage Duty" delivered at the Legalwise "Taxing Property Transactions" Seminar on 27 July 2006 .
  • "Mortgage Duty Update" delivered at the Legalwise "Mortgage Practice Update" Seminar on 1 March 2007.

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