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

Barry Dean

Barry Dean

  +61 29132 5720
  dean@153phillip.com.au
  Download CV

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.

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

Corporate & Commercial 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.
  • Brar v De Castro [2017] NSWCA 241 (Macfarlan and Gleeson JJA, Sackville AJA) – appeal from District Court judgment under contractual guarantee – appeared unled for the appellant.
  • Zhang v Ehrenfeld (2015) 295 FLR 74; [2015] FCCA 877 (Judge Lloyd-Jones) – opposition to creditor’s petition based on invalid service of bankruptcy notice – appeared unled for the respondent debtor
  • VPlus Holdings Pty Ltd v Bank of Western Australia Ltd (2012) 91 ACSR 545; [2012] 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
  • State of New South Wales v Wraydeh [2019] NSWCA 191 (McCallum JA, Emmett and Simpson AJJA) – appeal against interlocutory decision to permit plaintiff in defamation proceedings to adopt defendant’s contextual imputations – appeared led by S Chrysanthou for the appellant defendant.
  • Raynor v Murray [2019] NSWDC 189 (Gibson DCJ) – claim in defamation for email sent to members of strata committee about chairman – appeared led by S Chrysanthou on trial for the defendant.  
  • Hanson-Young v Leyonhjelm (2018) 364 ALR 624; [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.
  • Bolton v Stoltenberg [2018] NSWSC 1518 (Payne J) – claim in defamation arising from posts on a Facebook page dedicated to local council issues – appeared led by S Chrysanthou on trial for the first defendant.
  • Collier v Country Women’s Association of NSW [2017] NSWSC 1573 (Adamson J) – claims in defamation and equity arising from disciplinary action against incorporated association member – appeared led by S Chrysanthou on trial for the defendant.
  • AW v R [2016] 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
  • Wood v State of New South Wales [2018] NSWSC 1247 (Fullerton J) – claim for malicious prosecution arising from wrongful conviction for murder – appeared led by B McClintock SC on trial for the plaintiff.
  • Scott v R [2017] NSWCCA 296 (Hoeben CJ at CL, McCallum and Bellew JJ) – appeal against conviction for murder – appeared led by C Loukas SC (now Loukas-Karlsson J, ACT Supreme Court) for the appellant.
  • Barker v The Queen [2017] ACTCA 16 (Refshauge, Burns and Rangiah JJ) – Offender appeal against sentence – appeared unled for appellant.
  • R v Pratten (No 25) [2016] NSWSC 539; (No 20) [2015] NSWSC 1102 (Rothman J) – Tax fraud prosecution – appeared led by S Grant (now Grant DCJ, NSW District Court) on trial and sentence for accused/offender.
  • Attorney – General (NSW) v CMB [2015] NSWCCA 166 (Leeming and Simpson JJA, Hamill J) – Crown sentence appeal on remittal from High Court – appeared led by C Loukas SC (now Loukas-Karlsson J, ACT Supreme Court) for the respondent
  • 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.
Administrative Law
  • Vigours v Medical Council of NSW [2019] NSWCATOD 75 (Cole DCJ, I Rewell, S Patel, M Kelly) – application for reinstatement to apply for registration as a medical practitioner – appeared unled for the applicant.
  • SZVCZ v Minister for Immigration and Border Protection (2017) 252 FCR 540; [2017] FCAFC 130 (Siopis, Logan and Markovic JJ) – appeal against unsuccessful application for judicial review of refugee review decision – appeared unled for the appellant pursuant to pro bono referral.
  • Johnson v Lukeman [2016] NSWCATAP 272; [2017] 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; [2014] AATA 576 (Frost DP) – application to review income tax assessment objection decision – appeared led by JS Gleeson SC (now Gleeson J, Federal Court of Australia) for the applicant taxpayer.
  • SZRIQ v Federal Magistrates Court of Australia (2013) 239 FCR 442; [2013] 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 led by JD Smith (now Smith SC DCJ, NSW District Court) for the applicant.

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