John Gooley

John Gooley

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

Qualifications

  • LLB University of Sydney
  • LLM (Hons) University of Sydney
  • BA University of Sydney
  • DipEd Sydney College of Advanced Education

Practice Areas

  • Banking
  • Bankruptcy
  • Commercial
  • Corporate Insolvency
  • Equity
  • Insurance
  • Professional Negligence

John was admitted as a Solicitor in 1982 and came to the Bar in 1996.

John specialises in commercial law – principally in disputes involving corporations and associations (including partnerships, incorporated and unincorporated associations and cooperatives) and has extensive experience in contract law, insurance law (directors and officers, professional indemnity, special risks and other forms of general insurance and life insurance), franchising law, finance/banking law, trade practices and equity.

John has wide-ranging trial experience and has been retained in a large number of commercial disputes in the Federal Court and in the Supreme Courts of New South Wales, Queensland and Western Australia. A number of the cases in which John has been involved are significant cases in the relevant practice area and were long-running.

In addition, John has an extensive advisory practice in the above areas of law.

John is also a widely published legal author whose books are extensively used throughout Australian universities as standard textbooks for undergraduate and postgraduate students as well for practitioners in specialised subject areas.

Prior to coming to the Bar, John was a Senior Lecturer in Law and the sometime Head of Research and Head of Postgraduate studies in the Faculty of Law at the University of Western Sydney, Macarthur. Further, in the period 1989 to 2012, John was the course coordinator, lecturer and Court-appointed Examiner in Law of Associations within the Legal Practitioners Admission Board’s Law Program. For part of that period, John was also the course coordinator, lecturer and Court-appointed Examiner in Insolvency law within the same program.

From 2010 to 2017, John was involved in several significant long-running commercial disputes in the Federal Court and in the Supreme Courts of New South Wales, Queensland and Western Australia some of which were running concurrently and which involved numerous interlocutory applications prior to final hearing. Those cases principally involved a number of areas of commercial law and were as follows:

The City of Sydney v Streetscape Projects (Australia) Pty Limited & Anor [2010] NSWSC 608; [2011] NSWSC 363; [2011] NSWSC 364; [2011] NSWSC 452; [2011] NSWSC 831; [2011] NSWSC 847; [2011] NSWSC 942; [2011] NSWSC 993; [2011] NSWSC 980; [2011] NSWSC 990; [2011] NSWSC 1019; [2011] NSWSC 1100; [2011] NSWSC 1214; [2012] NSWSC 10;

Astram Financial Services Pty Ltd v Bank of Queensland [2010] FCA 1493 and [2010] FCA 1508;

Erwin v Iveco Trucks Australia Ltd [2010] NSWCA 113;

Bathurst Regional Council v Local Government Financial Services Pty Ltd (No 4) [2011] FCA 1181;

Streetscape Projects (Australia) Pty Ltd v The City of Sydney [2012] NSWCA 63;

Rossmick (No 1) Pty Ltd v Bank of Queensland [2012] NSWCA 85;

Perpetual Trustee Company Limited & Anor v Peter Ishak [2012] NSWSC 697;

ABN Amro Bank NV v Bathurst Regional Council [2014] FCAFC 65;

Traderight (NSW) Pty Ltd & Ors v Bank of Queensland Limited (No 17) and 15 related matters [2011] NSWSC 260; [2011] NSWSC 972; [2011] NSWSC 1265; [2011] NSWSC 1514; [2012] NSWSC 154; [2012] NSWSC 1181; [2012] NSWSC 1196; [2012] NSWSC 1363; [2013] NSWSC 90; [2013] NSWSC 211; [2013] NSWSC 418; [2014] NSWSC 55; [2014] NSWCA 304; [2015] NSWCA 94;

Brun-Smits v Bank of Queensland [2015] FCA 362;

RJ Dean-Willcocks as liquidator of Re Navra Group Pty Ltd (in liq), Federal Court of Australia, ACD 91 of 2014, NSD 1061 of 2015. See also Christopher John Palmer as liquidator of Re Navra Group Pty Ltd (in liq), Federal Court of Australia, NSD 1061 of 2015;

Mineralogy Pty Ltd v Sino Iron Pty Ltd [2017] FCAFC 55;

In 2015 – 2016 John appeared in the following matters in the Western Australian Supreme Court on behalf of Mineralogy Pty Ltd and its related companies:

  • Mineralogy Pty Ltd v Sino Iron Pty Ltd, Korean Steel Pty Ltd and CITIC Ltd, Supreme Court of Western Australia, CIV 1808 of 2013, CIV 2303 of 2015 and CIV 2368 of 2015;
  • Sino Iron Pty Ltd, Korean Steel Pty Ltd, Balmoral Holdings Pty Ltd v Mineralogy Pty Ltd, Supreme Court of Western Australia, CIV 1431 of 2015;
  • CITIC Ltd, Sino Iron Pty Ltd and Korean Steel Pty Ltd v Mineralogy Pty Ltd and Clive Palmer, Supreme Court of Western Australia, CIV 3012 of 2012 and CIV 1514 of 2016;

    In 2016 John appeared in the Queensland Supreme Court on behalf of Queensland Nickel Pty Ltd in the following matters:
  • Cart Provider Pty Ltd, China First Pty Ltd and Waratah Coal Pty Ltd v John Park, Stefan Dopking, Kelly-Anne Trenfield, Quentin Olde and Queensland Nickel Pty Ltd (in liq), Supreme Court of Queensland, BS 6150/16;
  • John Richard Park, Stefan Dopking, Kelly-Anne Lavina Trenfield & Quentin James Olde in their capacity as Joint and Several Liquidators of Queensland Nickel Pty Ltd (In Liquidation), Supreme Court of Queensland, BS 7189/16;
  • Queensland Nickel Resources Pty Ltd, Queensland Nickel Metals Pty Ltd and Queensland Nickel Sales Pty Ltd v John Park, Stefan Dopking, Kelly-Anne Trenfield, Quentin Olde and Queensland Nickel Pty Ltd (in liq), Supreme Court of Queensland, BS 3849/16;
  • Queensland Nickel Metals Pty Ltd v Harrenvale Australasia Pty Ltd (formerly GE Commercial Australasia Pty Ltd), Supreme Court of Queensland, BS 5946/16;
  • Queensland Nickel Resources Pty Ltd v Harrenvale Australasia Pty Ltd (formerly GE Commercial Australasia Pty Ltd), Supreme Court of Queensland, BS 5948/16;
  • Queensland Nickel Pty Ltd (in liq) v Glencore International AG and Queensland Nickel Sales Pty Ltd, Supreme Court of Queensland, BS 6216/16;
  • Queensland Nickel Pty Ltd (in liq) and John Park, Stefan Dopking, Kelly-Anne Trenfield, Quentin Olde v Waratah Coal Pty Ltd and China First Pty Ltd, Supreme Court of Queensland, BS 6847/16;

In addition, in the period 2013 to 2014, Mr Gooley was briefed to advise and appear on behalf of the Truth, Justice and Healing Council in the Royal Commission into Institutional Responses to Child Sexual Abuse.

 

Since coming to the Bar, John has appeared in various Courts in a number of other cases including the following:

HIGH COURT

Australian Securities and Investments Commission v DB Management Pty Ltd (2000) 199 CLR 321;

FEDERAL COURT

Bannerhey Pty Ltd v 1800 000 000 Pty Ltd [2008] FCA 53;
Commonwealth of Australia & ors v Queensland Nickel Pty Ltd (in liq) QUD 283/2016;
Industrial Rollformers Pty Ltd v Fergusson, Federal Court No. 1920 of 2004;
Morton & Ors v Vouris & Ors [1998] FCA 394;
Re Theodore Morris [1997] FCA 904; [1997] FCA 905; [1997] FCA 944;
Stoyef v Masu Financial Management Pty Ltd, [2008] FCA 897;

NEW SOUTH WALES COURT OF APPEAL

American Home Insurance Company v King [2001] NSWCA 201;
Benson v MacLachlan t/as Sterling Conveyancers [2001] NSWCA 263;
Butcher v Harkens and Lachlan Elder Realty [2002] NSWCA 237;
Casbee Properties Pty Ltd v Patoka Pty Ltd [2003] NSWCA 361;
Combined Auctions Pty Ltd v Gray Eisdell Timms Pty Ltd (No. 2) [1998] NSWSC 44;
Combined Auctions Pty Ltd v Gray Eisdell Timms Pty Ltd [1997] NSWSC 612;
CSR Ltd v Amaca Pty Ltd [2007] NSWCA 107;
National Roads and Motorists’ Association Ltd v Parkin [2004] NSWCA 153;
Nettle v Mathieson Group Pty Ltd [2007] NSWCA 98;
QBE Insurance (Australia) Ltd v Stewart [2009] NSWCA 66;
Siemianowski v Sellers [2009] NSWCA 245;
Stephen Noss v Howard Hilton [1997] NSWCA;
Walkom v American Home Assurance Company [2007] NSWCA;

SUPREME COURT OF NEW SOUTH WALES

27 Billyard Avenue Pty Ltd v The Owners Strata Plan 15566 and ors, Supreme Court of New South Wales, 2015/186978;
Allen R Rennie Pty Ltd v Smith, Insurance Exchange of Australia Group and AXA Insurance, Supreme Court No. 12019 of 2004;
Antoniou v Hamace Pty Ltd & Anor;
Application by John Gerard Klumper and Maxine Louise Klumper [2003] NSWSC 909;
Beck v Tuckey Pty Ltd [2007] NSWSC 1065;
Beck v Tuckey Pty Ltd [2004] NSWSC 357;
Brescia v QBE Insurance Ltd [2007] NSWSC 598;
Butcher and Radford v Harkins and Lachlan Elder Realty Pty Ltd [2001] NSWSC 15;
Casbee Properties Pty Ltd v Patoka Pty Ltd [2003] NSWSC 284;
Chia v Rennie & Ors [1997] NSWSC 200;
Cloud Top Pty Limited & Anor v Toma Services Pty Limited & Anor [2008] NSWSC 568;
Elm Financial Services Pty Ltd v MacDougal [2004] NSWSC 560;
Fiduciary Ltd v Morningstar Research Pty Ltd [2007] NSWSC 432;
Frank & Anor v Brown [2000] NSWSC 290;
Green Pacific v Techcomm [2006] NSWSC 482;
HIH v Jones [2000] NSWSC 359;
Kailasam Holdings Pty Ltd v Sumeet Sarna, Supreme Court of New South Wales, 2016/79982;
Lollypops (Harbourside) Pty Ltd v Werncog Pty Ltd [1998] NSWSC 304;
Malcolm Palmer ats Hayes & McGrath, Supreme Court 3584 of 2009;
NRMA v Parkin [2004] NSWSC 296;
Oaks Hotels and Resorts (NSW) No 2 Pty Ltd ats Waterloo Car Centre Pty Ltd, Supreme Court 1899 of 2008;
Palmer v Palmer, Supreme Court 3785 of 2008;
Pizzolato and Aboud ats Sims, Supreme Court 3328 of 2009;
Plumpton Produce Pty Ltd v Turner, Supreme Court 3451 of 2006;
Rabo Equipment Finance Ltd v Boutayeh [2001] NSWSC 517;
Re Emilco [2002] NSWSC 1124;
Short v Crawley (No. 30) [2007] NSWSC 1322;
Tabbouch v Devlin & Ors [2008] NSWSC 600;
Teachers Health v Julian [2001] NSWSC 231;
Toveband Pty Ltd v Barbaro & Ors, Supreme Court No. 4362 of 1998;
University of New South Wales v Amlin Underwriting Pty Ltd & Ors, Supreme Court No. 50189 of 2004;
Vero Insurance Limited v Walker and Ors [2004] NSWSC 1071;
Wood v Inglis & Ors [2008] NSWSC 1147;

SUPREME COURT OF QUEENSLAND

Hamcor Pty Ltd v Lloyd’s Underwriters & Anor, Supreme Court of Queensland, No. 6591 of 2007;
In the Matter of Allgas Energy Ltd [1998], Supreme Court of Queensland, No. 2261 of 1998;
Noosa Shire Council v Farr Evrat Pty Ltd & Ors [2001] QSC 60;

DISTRICT COURT OF NEW SOUTH WALES

Batty v Burnett and New South Wales Lotteries Corporation & Ors [2003], District Court No. 4083 of 2000;
Command Recruitment Group Pty Ltd v Rose [2004], District Court No. 1022/01;
Ferryboat Pty Limited & Red Gecko Pty Ltd v JUA Underwriting Agency Pty Ltd & Ors [2008] NSW DC 209;
Hostway Corporation Pty Ltd v Gupta Enterprises Pty Ltd [2007], District Court No, 1283 of 2004;
House of David Pty Ltd and Julie Slade Pty Ltd v Rosenfeld & Kant [2000], District Court No. 7233 of 1998;
Hunter (Sales) Pty Ltd v RJ Gilbertson Pty Ltd [2000], District Court No. 6786/98;
Ideas for Sale Pty Ltd v Fuji Xerox Australia Pty Ltd [2003], District Court No. 6701/02;
Matthew Peers v Transfield Constructions Ltd & anor, [2009] NSW DC 373;
McEvoy Financial Services Club v Oldfield & 15 ors, District Court 999 of 2006;
Perpetual Trustees Victoria Ltd v Casey & Co Valuers Pty Ltd and PricewaterhouseCoopers Legal [2003], District Court No. 3358 of 2003;
Telstra Corporation Ltd v Tetrorne Pty Ltd & Ors [2003], District Court No. 1011 of 200;

THE HIH ROYAL COMMISSION

In 2010 John was briefed to advise several senior directors and officers in the HIH Royal Commission.

 

John has a considerable practice in giving advice in specialist fields of law. In his career at the Bar he has been involved in advising:

  • In relation to class-actions in the Federal Court and Supreme Courts;
  • Senior Officers of insurance companies on issues of indemnity and reinsurance;
  • Insurers in relation to life insurance issues, such as the application of policy exclusions to fact situations;
  • Company directors and officers of listed and non-listed corporations and their insurers as well as officers of both incorporated and unincorporated associations in relation to liability for breaches of duty including insolvent trading and in relation to criminal liability and civil penalty breaches;
  • Company Managers and shareholders in relation to shareholder disputes including derivative actions and oppression actions under the Corporations Act, as well as meeting procedures and disputes arising out of the management of companies;
  • Company directors in relation to legal strategies when involved in take-over, merger and reconstruction activity;
  • Liquidators, receiver-managers and other administrator in relation to their responsibility and management of companies;
  • Bank Officers, including senior legal staff and directors of matters impacting upon Bank’s liability;
  • In relation to partnership disputes and disputes between joint ventures;
  • Franchisees and franchisors in relation to the operation of franchises;
  • Trustees and beneficiaries of trusts.

In addition, John was briefed to advise an insurance company in a significant barrister’s negligence action that was heard in the Privy Council. That matter was Harley v McDonald [2001] UKPC 18.

As can be seen from the list of publications below, John has authored and/or co-authored a number of legal works many of which have been or are prescribed textbooks in their subject areas at Universities around Australia.

Since 2006, John has co-authored two new substantive works on Contract Law, published by LexisNexis Butterworths. Those works are titled, Principles of Australian Contract Law, and Principles of Australian Contract Law – Cases and Materials. Since that time each of those works have been republished as new and substantially revised editions, with the fourth editions of both works being published in October 2017.

In addition, in that same period, John has co-authored a detailed work titled, Corporations and Associations Law: Principles and Issues – a book that had been previously authored by him alone.

In addition, in late 2016 John co-authored a work titled, Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context for LexisNexis Butterworths.

BOOKS

Books – Corporations and Associations Law

John has authored or co-authored the following texts in this field of law:

  • Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context, with Mitchell Gooley, 2016, 1st ed., LexisNexis Butterworths;
  • Corporations and Associations Law: Principles and Issues, with Michael Zammit, Matthew Dicker SC and David Russell SC, 2015, 6th ed., LexisNexis Butterworths;
  • Corporations and Associations Law: Principles and Issues, with Matthew Dicker SC, David Russell SC and Michael Zammit, 2010, 5th ed., LexisNexis Butterworths;
  • Corporations and Associations Law: Principles and Issues, 1999, 4th ed., Butterworths;
  • Corporations and Associations Law: Principles and Issues ­ Workbook, 1999, 4th ed., Butterworths;
  • Corporations and Associations Law: Principles and Issues Teaching Manual, 1999, Butterworths;
  • Corporations and Associations Law: Principles and Issues, 1995, 3rd ed., Butterworths (together with computer tutorials);
  • Corporations and Associations Law: Principles and Issues ­ Workbook, 1995, 3rd ed., Butterworths;
  • Corporations and Associations Law: Principles and Issues Teaching Manual, 1995, Butterworths;
  • Corporations and Associations Law: Principles and Issues, 1992, 2nd ed., Magna Carta Press;
  • A Guide to Corporations and Associations Law, 1989, 1st ed., Magna Carta Press;

Books – Contract Law

John has authored or co-authored the following texts in this field of law:

  • Principles of Australian Contract Law, with Peter Radan and Ilija Vickovich, 2017, 4th ed., LexisNexis Butterworths;
  • Principles of Australian Contract Law – Cases and Materials, with Peter Radan and Ilija Vickovich, 2017, 4th ed., LexisNexis Butterworths;
  • Principles of Australian Contract Law, with Peter Radan and Ilija Vickovich, 2013, 3rd ed., LexisNexis Butterworths;
  • Principles of Australian Contract Law – Cases and Materials, with Peter Radan and Ilija Vickovich, 2014, 3rd ed., LexisNexis Butterworths;
  • Principles of Australian Contract Law, with Peter Radan, 2009, 2nd ed., LexisNexis Butterworths;
  • Principles of Australian Contract Law – Cases and Materials, with Peter Radan and Ilija Vickovich, 2009, 2nd ed., LexisNexis Butterworths;
  • Principles of Australian Contract Law, with Peter Radan, 2006, 1st ed., LexisNexis Butterworths;
  • Principles of Australian Contract Law – Cases and Materials, with Peter Radan, 2006, 1st ed., LexisNexis Butterworths;
  • Principles of Contract Law, with John Carvan, 1992, Butterworths. This book was favourably reviewed by Lord Denning;

Books – Commercial Law

John has authored or co-authored the following texts in this field of law:

  • A Guide to Business Law, with John Carvan and Evelyn McRae, 1996, 1997 and 1999, (11th, 12th and 13th editions), Law Book Company;
  • A Study Guide to A Guide to Business Law, with John Carvan and Evelyn McRae, 1996, 1997 and 1999, (11th, 12th and 13th editions), Law Book Company;
  • A Guide to Business Law ­ Computorials with John Carvan and Evelyn McRae, 1996, 1997 and 1999, (11th, 12th and 13th editions), Law Book Company;
  • A Guide to Business Law – Teachers Workbook with John Carvan and Evelyn McRae, 1996, 1997 and 1999, (11th, 12th and 13th editions), Law Book Company;
  • A Guide to Business Law, with John Carvan and Evelyn McRae, 1995, (10th edition), Law Research Publications;
  • A Study Guide to A Guide to Business Law, with John Carvan and Evelyn McRae, 1995, (10th edition), Law Research Publications;
  • A Guide to Business Law – Teachers Workbook with John Carvan and Evelyn McRae, 1995, (10th edition), Law Research Publications;
  • A Guide to Business Law in New South Wales, with John Carvan, John McCaffrey, and Evelyn McRae, 1986­ to 1994, (1st to­ 9th editions), Law Research Publications, together with A Study Guide to A Guide to Business Law for the 9th edition;
  • A Guide to Business Law Workbook, with John Carvan and Evelyn McRae, 1999, 13th ed., Law Book Company;

Books – Commercial Legislation

John has authored or co-authored the following texts in this field of law:

  • Essential Commercial Legislation in New South Wales, 1999, Law Book Company;
  • Essential Commercial Legislation in New South Wales, with John Carvan, 1998, Law Book Company;
  • Essential Commercial Legislation in New South Wales, with John Carvan, 1996, Law Book Company;
  • Essential Commercial Legislation in New South Wales, with John Carvan, 1995, Law Book Company;
  • Essential Commercial Legislation in Victoria, with John Carvan, 1996, Law Book Company;
  • Essential Commercial Legislation in Victoria, with John Carvan, 1995, Law Book Company.

Legal Practitioner Services

John has been involved in the researching and writing of several publications designed for legal practitioners. These works comprise:

  • Australian Corporations Law Principles and Practice, Butterworths, volume 1, chapter 2.1.
  • Legal Practices Update, 1987 to ­1997, Thomson LBC  – co-­foundation editor and one of two co-authors of this 12 page monthly case and legislation review for legal practitioners;
  • Australian Legal Monthly Digest Advance, Thomson LBC – co-­foundation editor and one of two co-authors of this publication.

Council of Law Reporting for New South Wales

In 2017 John was involved in the catchwords project for the Council of Law Reporting for New South Wales.

SIGNIFICANT PRESENTATIONS

John has given numerous presentations, including the following:

  • In the period 1993-1996, John was convener of the Corporate Law Interest Group of the Australasian Corporate Law Teachers’ Association and was a presenter of numerous corporate law related papers in both Australia and overseas.
  • In May 2003, John presented a sessional paper at the Australian Insurance Law Association Annual Conference in relation Professional Indemnity and Public Liability insurance
  • In September 2010, John presented a sessional paper on Company Insolvency at the Annual Conference for Consumer Trader and Tenancy Tribunal Members;
  • In 2012 John was an invited participant in a Commonwealth Government Contract Law Forum at the request of the Commonwealth Attorney-General. The Forum formed part of the Australian Government’s consultation on Australian Contract Law;