+61 2 9132 5700 clerk@153phillip.com.au
Adam Gerard

Adam Gerard

  +61 29132 5722
  gerard@153phillip.com.au 

Adam has a broad commercial practice with an emphasis in corporations, insolvency, revenue and tax, equity, employment and administrative law. Adam regularly appears in matters in the Supreme, District and Local Courts as well as the NCAT and the Federal Court, the Federal Circuit Court and the AAT.

Prior to coming to the Bar in 2012, Adam worked for 9 years as a litigation solicitor in the areas of general commercial law, revenue and tax, intellectual property and administrative law. Adam spent several years as a Solicitor Advocate, developing niche experience with respect to taxation and related commercial matters. Adam also spent several years as an instructing solicitor in a major copyright dispute in respect of survey plans.

Recently, Adam has appeared in a number of substantial matters encompassing various areas of his commercial practice, including: insolvent trading proceedings pursuant to s.588M of the Corporations Act; complicated winding up proceedings; employment law proceedings, involving underpayment, breaches of workplace instruments, general protections and associated accessorial liability claims under the Fair Work Act; various taxation and associated administrative law proceedings; and disciplinary proceedings on behalf of persons disqualified by ASIC.

Practice Areas

  • Administrative
  • Commercial
  • Corporations, Insolvency, Bankruptcy
  • Equity
  • Employment and Industrial
  • Intellectual Property
  • Professional Discipline and Disciplinary Proceedings
  • Property and Valuation
  • Revenue and Tax

Recent Cases

 

Commercial, Equity, Corporations and Insolvency

Decided

  • Nguyen v W & W Investments Group Pty Ltd & Ors; Wakim & Ors v Nguyen [2022] NSWSC 2021/00195834, unreported, 4 March 2022, per Darke J] (Sale of Land Contract; Caveat; Notices to Complete; Repudiation. Appeared unled for the successful Cross-Claimant on contested application for default judgment on the Cross-Claim, seeking the return of a deposit paid pursuant to the terminated contract).

  • Sidgreaves v State of New South Wales & Ors (No 2) [2021] NSWSC 934 (Negligent misstatement; Breach of duty; Vicarious liability; Pure economic loss. Proceedings seeking relief for pure economic loss allegedly suffered by the Plaintiff.  Appeared unled for the successful Defendants in having the Plaintiff’s Further Amended Statement of Claim struck out and ultimately the proceedings dismissed.

    http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2021/934.html?query=

  • In the matter of FC Securities [2020] NSWSC 2020/00214816, unreported 22 September 2020, per Black J] Appeared for Director/Guarantor against whom proceedings were brought by a Secured Party. Director/Guarantor brought related proceedings pursuant to ss.420A and 423 of the Corporations Act seeking an inquiry into the conduct of a Controller appointed by the Secured Party in relation to the disposition of assets for an alleged undervalue. Successfully defended an application by the Controller to dismiss the inquiry application. Both proceedings thereafter successfully settled during the first stage of the s.423 inquiry proceedings.

  • In the matter of Citadel Financial Corporation Pty Ltd [2019] NSWSC 65
    (Insolvency; Winding Up; Statutory Demand; Assessments; Genuine Dispute; Offsetting claims; Conclusive proof provisions; Constitutional matter; Exercise of judicial power; Charges. Appeared unled for the Plaintiff who obtained a variation of the Deputy Commissioner’s demand)

    http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2019/65.html

  • Inner West Demolition (NSW) Pty Limited v Silk [2018] NSWDC 136 (Section 588M insolvent trading claim against director; incurring of debts; Masters v Cameron; insolvency; reasonable grounds to suspect insolvency; consent of liquidator; agency; non-availability of s.588H defences. Appeared unled for successful Plaintiff)

    http://classic.austlii.edu.au/au/cases/nsw/NSWDC/2018/136.html

  • In the matter of Plutus Payroll Australia Pty Limited [2017] NSWSC 1854 (Winding up; just and equitable ground; insolvency ground; statutory demand; offsetting claim; winding up stayed until conclusion of pending committal proceedings; provisional liquidator. Appeared for Eleventh Defendant, led by R Seiden SC

    http://classic.austlii.edu.au/au/cases/nsw/NSWSC/2017/1854.html

  • Clearwater Asset Services Pty Limited (In Liquidation) v Boral Construction Materials Group Limited, NSWDC, 2015/164435 (Preference payment proceedings. Settled 2017)

  • Technocraft Australia Pty Limited v Australian Scaffold Pty Limited, NSWDC, 2016 (Contract Claim; Agent’s authority; Settled 2016)

  • In the Matter of M & V International Pty Limited SYG 296043/2015 (Application for Substitution As Moving Creditor on Winding Up Application. Order made)

  • Leslie George Lobsey v Liverpool Plains Shire Council [2014] NSWSC 446 (Copyright, Contract, Passing Off, s.18 ACL. Summary Dismissal)

  • Kingston Building (Australia) Pty Ltd v Dial D Pty Ltd as trustee for the Smith Street Unit Trust [2013] NSWSC 173 (Contract Construction) 

 Recent Resolved Cases

  • Northern Beaches Industrial Supplies Pty Ltd & Anor v VEK Tools Corporation Pty Ltd & Ors, NSWDC, 2019/00155179 (Franchise Agreement; Licence; Franchising Code of Conduct; Repudiation; Misleading or deceptive conduct; Estoppel. Appeared for the Plaintiff. Proceedings settled in 2022).

  • Wisewell & Ors v Marine Industrial Developments Pty Ltd & Anor, Federal Court of Australia, NSD1377 of 2020 (Misleading or deceptive conduct relating to share acquisition; Oppression of minority; Breach of share acquisition contract. Resolved in 2022 following winding up of First Defendant).

  • Naghdi v Raiola & Ors, NSWSC, 2019/359730 (Share Transfer Agreement; Correction of Members Register. Acted for the Defendants. Proceedings settled in 2020).

Tax, Revenue and Trusts

  • Holiward Pty Ltd v Commissioner of Taxation, AAT 6238 of 2018 (Part IVC Review of Default assessments; Capital gains; Trust income. Proceedings settled in 2020). 

 

Employment Law

Decided Cases

  • Lennox v HC Securities Pty Ltd & Anor, FCCA, Melbourne, MLG 1566/2017 (General protections and accessorial liability claims under Fair Work Act. Appeared for Second Respondent on an application to strike out the accessorial liability pleading against the Second Respondent. Applicant ordered to, with the court granting leave to replead, amend accessorial liability pleading against Second Respondent).

Recent Resolved Cases

  • Diggins v Commercial TC Pty Ltd & Anor; Commercial TC Pty Ltd & Anor v Diggins, FCCA, SYG 1908/2020 (Employment contract formation and terms; General protections; Confidential information and copyright. Acted for Applicant/Cross-Defendant. Settled 2021.

  • Lennox v HC Securities Pty Ltd & Anor, FCCA, Melbourne, MLG 1566/2017 (General protections and accessorial liability claims under Fair Work Act. Appeared for Second Respondent on an application to strike out the accessorial liability pleading against the Second Respondent. Applicant ordered to, with the court granting leave to replead, amend accessorial liability pleading against Second Respondent. Settled 2018).

  • Varga v Live Group Pty Ltd & Anor, FCCC, (Acted for Applicant. Underpayments claim. Settled in 2018)

    Administrative & Public Law – Challenges to Government Decisions

    • P1 v P2 [2021] FedCFamCF2 172 (Application for release from implied “Harman” undertaking (Harman v Home Office) for purposes of using documents produced to one Court in unrelated proceedings in another Court. Application opposed. Appeared for the successful Applicant).

     

    Professional Discipline

    Educational Background

    • B.A. Comm/B.Law (Hons)