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.

 

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

 

Commercial,  Equity, Corporations and Insolvency

 

  • 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
  • Cox Purtell Staffing Services Pty Ltd v Our Energy Group Pty Ltd [2017] NSWSC 1122 (Contract claim; Formation of contract; Implied acceptance/formation by conduct; Appeared for successful Defendant) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2017/1122.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)

 

Tax, Revenue and Trusts

 
 Income Tax
  • Yazbek v The Commissioner of Taxation, Federal Court, NSD 761 of 2014 (Whether dividends paid to partnership or individual. Settled in 2015. Led by I Young)

 

Payroll Tax
  • XMAS Pty Ltd v Chief Commissioner of State Revenue, Supreme Court Proceedings 170363/2014 (Settled in 2016. Led by T Lynch SC)

 

Stamp Duty, Land Tax, Valuation Matters

 

Employment Law
  • 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).
  • Varga v Live Group Pty Ltd & Anor, FCCC, (Acted for Applicant. Underpayments claim. Settled in 2018)
  • Motta v Macquarie Health Pty Ltd & Anor, FCCC, SYG1908/2017 (Acted for Applicant. General Protections, Underpayment, Penalty. Settled in 2017)
  • Walker v Ambulance Service of New South Wales, NSWLC, 10984 of 2015 (Employment Law, Breach of Contract, Managerial Prerogative. Settled 2015)

 

Administrative & Public Law – Challenges to Government Decisions

 

Professional Discipline

 

  • B.A. Comm/B.Law (Hons)