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

Barry Dean

  +61 29132 5720
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Barry is an experienced junior barrister who specialises in regulatory and defamation and media law while maintaining a broad practice that encompasses commercial disputes, administrative appeals and white-collar criminal defence and prosecution. 

He has particular expertise in commercial, civil, administrative and defamation disputes involving allegations of regulatory, criminal or other misconduct.  In recent years, in addition to commercial and defamation appearances in the Federal Court, Court of Appeal, Supreme Court, District Court and NCAT, Barry has: appeared at ICAC multiple times; served as legal member on the Occupational Therapy Council of NSW; appeared in NCAT for a medical practitioner; appeared unled for criminal accused, offenders and appellants, both individual and corporate; and appeared unled as crown prosecutor in a multi-week jury trial.  

Barry  has acted as junior counsel in some of the higher profile defamation proceedings in recent years including for Senator Hanson-Young in interlocutory stages and in the High Court, former Commonwealth Opposition Leader Dr John Hewson and for Dr Elaine Stead against the Australian Financial Review.  He routinely advises individual clients (both potential plaintiffs and defendants) in respect of defamation. 

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

      • Hewson v TCN Channel Nine Pty Limited [2021] FCA 389 (Wigney J) – interlocutory applications to amend defence and set-aside a subpoena issued in defamation proceedings in respect of A Current Affair broadcast – appeared led by P Gray SC for the applicant Dr John Hewson who was the applicant on the application to set-aside a subpoena.
      • Stead v Fairfax Media Publications Pty Ltd (2021) 387 ALR 123; [2021] FCA 15; (2021) 386 ALR 237; [2021] FCA 65  (Lee J) – claims in defamation by a venture capitalist against Australian Financial Review and columnist – application for indemnity costs  – 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] 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 WIN Television.   
      • Eshow v Zaia [2020] NSWCA 10 (Bell P, Macfarlan and White JJA) – appeal against defamation judgment and consequential contempt judgement in respect of posts on Facebook – appeared led by M Richardson for the respondent.
      • 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 in respect of public statements – appeared led by S Chrysanthou for the applicant Senator Hanson-Young who was the respondent on the interlocutory application.
      • 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.

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 Jack De Belin.
      • 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.

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 Gordon Wood.
      • 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. 
      • 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.

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