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

Barry Dean

Barry Dean

  +61 29132 5720
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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
  • Antoun v Russo (No 2) [2018] 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 [2017] 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 [2017] 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; [2015] 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) [2014] 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 [2013] 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; [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
  • 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 [2018] 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 [2018] 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 [2018] NSWSC 1658 (Adamson J) – application for a suppression order over plaintiff’s oral submissions – appeared unled for the applicant defendants.
  • 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 for the first defendant.
  • Collier v Country Women’s Association of New South Wales (No 3) [2018] 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 [2018] 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 [2017] 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 [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
  • 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 on trial and sentence for accused/offender.
  • R v Pratten (No 18) [2015] NSWSC 902 (No 23) [2015] NSWSC 1132; (No 22) [2015] NSWSC 1138; (No 24) [2015] NSWSC 1376; (No 21) [2015] NSWSC 1112; (No 19) [2015] NSWSC 1111 (Rothman J) – Evidentiary arguments on tax fraud prosecution – took oral arguments for accused with S Grant.
  • Attorney – General (NSW) v CMB [2015] 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; [2015] 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: [2014] HCATrans 206 (French CJ, Gageler J))
Administrative Law
  • 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 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; [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 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

Educational Background

  • LLM University of Sydney 2011
  • LLB (Hons) University of Sydney2003
  • BOptom (Hons) University of New South Wales 1999