Barry Dean
+61 29132 5720
dean@153phillip.com.au
Barry specialises in regulatory, defamation and media law and has appeared as junior counsel in some of Australia’s highest profile defamation proceedings. He routinely advises individual and corporate clients throughout Australia (both potential plaintiffs and defendants) in respect of defamation and reputational issues.
His practice at the Bar also encompasses commercial disputes, administrative and disciplinary hearings, and white-collar criminal defence and prosecution. Barry has particular expertise in civil disputes involving criminal allegations. He has appeared in white-collar criminal proceedings for accused, offenders and appellants, both individual and corporate, and as crown prosecutor including on a multi-week jury trial.
In addition to frequent appearances in Courts throughout Australia, Court of Appeal, High Court, Supreme Court, Local Court and District Court, Barry has in recent years: appeared at ICAC multiple times; appeared at the Football NSW tribunal; served as legal member on the Occupational Therapy Council of NSW; and appeared in the NCAT Occupational Division.
Before coming to the Bar, Barry practised as a solicitor for eight years, first at Mallesons Stephen Jaques (now King & Wood Mallesons) and then at ASIC, across a range of commercial, regulatory and litigious matters.
Practice Areas
- Administrative Law
- Banking, Securities and Insolvency
- Competition and Consumer
- Corporate and Commercial
- Media and Defamation
- Regulatory and Criminal Law
- Equity and Trusts
Selected Judgments
Media & Defamation
- Palmer v McGowan (No 5) (2022) 404 ALR 621 [2022] FCA 893 (Lee J) – claims and cross-claims in defamation over public statements made by each party – appeared led by P Gray SC for Mr Clive Palmer.
- Bazzi v Dutton (2022) 289 FCR 1; [2022] FCAFC 84 (Rares, Rangiah and Wigney JJ) – appeal against judgment in defamation in respect of publication on Twitter – appeared led by P Gray SC for the appellant publisher Shane Bazzi.
- Herron v HarperCollins Publishers Australia Pty Ltd (2022) 292 FCR 336; [2022] FCAFC 68; (2022) 292 FCR 490; [2022] FCAFC 119 (Rares, Wigney and Lee JJ) – appeal against judgment dismissing claims in defamation in relation to book – appeared led by BW Walker SC and S Chrysanthou SC for appellants Mr John Herron and Dr John Gill.
- Barilaro v Shanks-Markovia (No 2) (2021) 287 FCR 597; [2021] FCA 950 (Rares J) – interlocutory application to stay or dismiss proceedings in defamation in relation to Youtube stream because of parliamentary privilege – appeared led by S Chrysanthou SC for the applicant Mr John Barilaro who was the respondent on the interlocutory application.
- Stead v Fairfax Media Publications Pty Ltd (2021) 387 ALR 123; [2021] FCA 15 (Lee J) – claims in defamation by a venture capitalist against Australian Financial Review and columnist –– appeared led by S Chrysanthou SC for the applicant Dr Elaine Stead in the proceedings and for the application for indemnity costs.
- Bailey v WIN Television NSW Pty Ltd (2020) 104 NSWLR 541; [2020] NSWCA 352 (Meagher and White JJA, Simpson AJA) – appeal against judgment dismissing claim in defamation in respect of news broadcast – appeared led by S Chrysanthou for the respondent publisher WIN Television.
- Hanson-Young v Leyonhjelm (2018) 364 ALR 624; [2018] FCA 1688 (White J) – interlocutory application to dismiss or stay proceedings in defamation in respect of public statements because of parliamentary privilege – appeared led by S Chrysanthou for the applicant Senator Hanson-Young who was the respondent on the interlocutory application.
Commercial and Criminal Law
- De Belin v Australian Rugby League Commission Ltd [2019] FCA 688 (Perry J) – application seeking relief for misleading or deceptive conduct, unconscionable conduct, tortious inference in contractual relations, and restraint of trade in respect of conduct implementing a no-fault rule banning rugby league player from playing in the NRL competition – appeared led by M Einfeld QC on trial for the applicant Jack De Belin.
- CMB v AG (NSW) (2015) 256 CLR 346; [2015] HCA 9 (French CJ, Kiefel, Bell, Gageler, and Keane JJ) – Offender appeal against successful Crown sentence appeal – Appeared led by C Loukas SC (now Loukas-Karlsson J, ACT Supreme Court) and GA Bashir SC for appellant CMB.
News in brief
Publisher apologises to defamed Doctor as part of confidential settlement
Andrew Laming defamation case settles with apology from Nine
Full Court allows appeal – overturns judgment that Commonwealth Minister defamed in tweet
Full Court allows appeal – overturns judgment dismissing Doctors’ claim that Book was defamatory
High Court finalises Senator Hanson-Young’s defamation victory
Section 30 defence for WIN Television upheld in High Court
Judgment for Venture Capitalist defamed in the Australian Financial Review
Archbishop wins in the Court of Appeal
Federal Court judgment: Hanson-Young v Leyonhjelm [2019] FCA 156
Federal Court judgment: Hanson-Young v Leyonhjelm [2018] FCA 1688
Admissions & Appointments
- Barrister NSW 2012
- Attorney NY USA 2005
- Solicitor VIC 2005
- Solicitor NSW 2003
Educational Background
- LLM University of Sydney 2011
- LLB (Hons) University of Sydney2003
- BOptom (Hons) University of New South Wales 1999