Barry practises in all aspects of commercial and civil law for a range of individual, corporate and government clients. His practice includes civil litigation, administrative appeals, regulatory inquiries and white-collar criminal defence. He has particular experience in commercial and civil disputes involving allegations of regulatory, criminal or other misconduct. 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.
- Administrative Law
- Banking, Securities and Insolvency
- Competition and Consumer
- Corporate and Commercial
- Media and Defamation
- Regulatory and Criminal Law
- Equity and Trusts
Corporate & Commercial Law
- Antoun v Russo (No 2)  NSWSC 1662 (Adamson J) – application to dismiss proceedings including claim arising from a transfer of shares – appeared unled for the applicant/defendants.
- Brar v De Castro  NSWCA 241 (Macfarlan and Gleeson JJA; Sackville AJA) – appeal from District Court judgment under contractual guarantee – appeared unled for the appellant.
- Brar v De Castro  NSWCA 130 (Macfarlan JA) – applications to dismiss appeal for late filing and service of notice of appeal and for security for costs on appeal from District Court judgment under contractual guarantee – appeared unled for the respondent appellant
- Zhang v Ehrenfeld (2015) 295 FLR 74;  FCCA 877 (Judge Lloyd-Jones) – opposition to creditor’s petition based on invalid service of bankruptcy notice – appeared unled for the respondent debtor
- AT Air Group Pty Limited v Dieter Siewert (No 3)  NSWSC 1129 (Brereton J) – application to set aside or vary interlocutory injunction on real property the subject of contractual dispute – appeared unled for the respondent plaintiff
- Storey v Harmse  NSWSC 1641 (Beech-Jones J) – appeal against Local Court decision to strike out contractual claim by former bankrupt – appeared unled for the defendant
- VPlus Holdings Pty Ltd v Bank of Western Australia Ltd (2012) 91 ACSR 545;  NSWSC 1327 (Stevenson J) – application to strike out shareholder claims against bank and liquidators – appeared led by RC Scruby for the applicant defendants.
Media & Defamation
- Hanson-Young v Leyonhjelm (2018) FCA 1688 (White J) – interlocutory application to strike out, dismiss or stay defamation proceedings on various basis including parliamentary privilege – appeared led by S Chrysanthou for the applicant Senator Hanson-Young who was the respondent on the interlocutory application.
- Balzola v Passas  NSWSC 1724 (McCallum J) – applications to set-aside a subpoena and amend the defence in defamation proceedings arising from words allegedly spoken in political party meeting – appeared unled for the defendants.
- Hang v Tu  NSWSC 1770 (McCallum J) – first listing argument about capacity and form in statement of claim alleging that flyers about association and its president were defamatory – appeared unled for the defendants.
- Antoun v Russo  NSWSC 1658 (Adamson J) – application for a suppression order over plaintiff’s oral submissions – appeared unled for the applicant defendants.
- Bolton v Stoltenberg  NSWSC 1518 (Payne J) – claim in defamation arising from posts on a Facebook page dedicated to local council issues – appeared led by S Chrysanthou for the first defendant.
- Collier v Country Women’s Association of New South Wales (No 3)  NSWCA 184 (Beazley P; White JA; Emmett AJA) – application to dismiss appeal against plaintiff in defamation proceedings as incompetent – appeared led by S Chrysanthou for the applicant CWA who were the respondents to the appeal.
- Kostov v State of New South Wales  NSWSC 1252 (Rotham J) – application to dismiss proceedings alleging various claims related to suppression orders and potential defamation – appeared unled for the applicant defendant State of NSW.
- Collier v Country Women’s Association of NSW  NSWSC 1573 (Adamson J) – claims in defamation and equity arising from disciplinary action against incorporated association member – appeared with S Chrysanthou for the defendant.
- AW v R  NSWCCA 227 (Payne JA, Campbell and Wilson JA) – Appeal against District Court judgment not to make suppression orders against prejudicial information on media websites – appeared led by E Ozen for appellant accused.
Regulatory & Criminal Law
- Barker v The Queen  ACTCA 16 (Refshauge, Burns and Rangiah JJ) – Offender appeal against sentence – appeared unled for appellant.
- R v Pratten (No 25)  NSWSC 539 (No 20);  NSWSC 1102 (Rothman J) – Tax fraud prosecution – appeared led by S Grant on trial and sentence for accused/offender.
- R v Pratten (No 18)  NSWSC 902 (No 23)  NSWSC 1132; (No 22)  NSWSC 1138; (No 24)  NSWSC 1376; (No 21)  NSWSC 1112; (No 19)  NSWSC 1111 (Rothman J) – Evidentiary arguments on tax fraud prosecution – took oral arguments for accused with S Grant.
- Attorney – General (NSW) v CMB  NSWCCA 166 (Leeming and Simpson JJA, Hamill J) – Crown sentence appeal on remittal from High Court – appeared with C Loukas SC for the respondent
- CMB v AG (NSW) (2015) 256 CLR 346;  HCA 9 (French CJ, Kiefel, Bell, Gageler, and Keane JJ) – Offender appeal against successful Crown sentence appeal – Appeared with C Loukas SC and GA Bashir SC for appellant (and special leave application:  HCATrans 206 (French CJ, Gageler J))
- Johnson v Lukeman  NSWCATAP 272;  NSWCATAP 45 (R Seiden SC, T Simon) – appeal against monetary judgment against home builder for breach of statutory warranties – appeared unled for the respondent home owners.
- ZBVK v Cmr of Taxation (2014) 99 ATR 227;  AATA 576 (Frost DP) – application to review income tax assessment objection decision – appeared with JS Gleeson SC (now Gleeson J of the Federal Court of Australia) for the applicant taxpayer
- SZRIQ v Federal Magistrates Court of Australia (2013) 139 ALD 252;  FCA 1284 (Foster J) – application for judicial review of (the then) Federal Magistrates Court decision to dismiss application to extend time to apply for judicial review of refugee review decision – appeared with JD Smith (now Judge Smith SC of the Federal Circuit Court of Australia) for the applicant
Admissions & Appointments
- Barrister NSW 2012
- Attorney NY USA 2005
- Solicitor VIC 2005
- Solicitor NSW 2003
- LLM University of Sydney 2011
- LLB (Hons) University of Sydney2003
- BOptom (Hons) University of New South Wales 1999