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

Luke Chapman

(02) 9132 5700
  chapman@153phillip.com.au

Barrister: 2014, Solicitor 2006.

Luke Chapman practises predominantly in commercial law and equity.

Luke also has an active specialist financial/commercial crime practice advising and appearing in proceedings under the Proceeds of Crime Act 2002 (Cth) and the Criminal Assets Recovery Act 1990 (NSW), having appeared in a number of the significant decisions in that area.

Outside of those particular areas, Luke has significant experience in insolvency and bankruptcy; defamation; building and construction; public law (public interest immunity claims, Coronial proceedings) and crime generally.

Luke is also an officer in the Australian Army Reserve.

Areas of practice

 

  • Commercial disputes
  • Insolvency and bankruptcy
  • Corporate and financial crime (incl. Proceeds of Crime/AML)
  • Defamation and media
  • Environment and planning
  • Building and Construction

Recent experience

Commercial/equity (2020 onwards listed)

In the matter of Gearhouse BSI Pty Ltd [2021] NSWSC 98 (Black J, Williams J and Rees J): Acting (unled) for the successful plaintiff, an international broadcasting group, on an interlocutory application and subsequent expedited hearings for the winding up on the just and equitable ground (instructed by Norton Rose Fulbright Australia)

BIC Pty Limited ats Platinum Services Pty Limited [2021] – District Court of NSW: Acting (unled) in strike-out application relating to a defective pleading (instructed by Clayton Utz)

In the matter of Hawkesbury House Pty Limited (in liq) [2021] (Black J, ongoing): Acting for liquidator in examinations and in substantive proceedings for voidable transaction and claims against directors (instructed by Marsdens Law Group).

Frankling Custom Feeds Pty Ltd & ors ats Australian Keg Company Pty Limited – Federal Court of Australia (Moshinsky J)(settled): Acting (unled and led by B Kelleher) for respondents on security for costs applications and in complex substantive proceedings arising from claims of patent and trademark infringement relating to agricultural products (instructed by Rogers Legal).

Shotcrete Australia Pty Ltd v Libdy Developments Pty Ltd t/as Civil Transport [2021] NSWSC 783 (Ward CJ in Eq and ongoing): Acting (unled) for principal contractor in respect of multifaceted commercial building dispute which included interpleader proceedings (instructed by Salim Rutherford Lawyers).

Chiu v Sheh [2021] NSWSC 19 (Slattery J and ongoing): Acting (unled) on procedural applications and in the substantive proceedings concerning the dissolution of commercial partnership.

Cappello & Anor v Scrivener & Anor [2020] NSWSC 1748 (Stevenson J): Acting (led by Studdy SC) for property development entity in a dispute concerning an alleged commercial partnership (instructed by Marsdens Law Group)

Trickey v Ewert [2020] NSWSC 691 (Robb J): Acting (unled) for the successful plaintiff in obtaining orders for vacant possession of property (instructed by Glowreys, Deniliquin).

Joliani v Cedrus Investments Pty Limited [2020] (Darke J, unreported): Acting (unled) for the successful respondent in proceedings seeking to challenge caveat and ancillary issues.

Proceeds of Crime / Financial Crime

Commissioner of the Australian Federal Police v Tjongosutiono [2020] NSWSC 1815 (Harrison J): Acting (led by B Walker AO SC) for the applicant on an application to be released from ex parte restraining orders brought by the Australian Federal Police (instructed by Avantro Lawyers)

Commissioner of the Australian Federal Police v Tjongosutiono [2020] NSWSC 908 (Wilson J): Acting (unled) for applicant on an application for stay of proceedings pending determination of similar proceedings in the High Court of Australia (instructed by Avantro Lawyers)

Commissioner of the Australian Federal Police v Tjongosutiono [2018] NSWSC 48 (N Adams J): Acting (led by I Temby AO QC) for the applicant on an application for revocation of ex parte restraining orders brought by the Australian Federal Police (instructed by Avantro Lawyers).

Commissioner of the Australian Federal Police v Gwe & Hoang [2018] NSWSC 992 (Rothman J) Acting (led by I Temby AO QC) for the applicant on an application for revocation of ex parte restraining orders brought by the Australian Federal Police (instructed by Avantro Lawyers)

Commissioner of the Australian Federal Police v Mazzco Investments Pty Limited [2020]. Acting (unled) for the applicant on an application for revocation of ex parte restraining orders brought by the Australian Federal Police  (instructed by Fortis Law Group)

Numerous appearances before the Administrative Appeals Tribunal for compulsory examinations under the Proceeds of Crime Act 2002 (Cth).

Building and construction

Non-Trading Pty Limited ats Red Eye Constructions Pty Limited (District Court of NSW) (judgment reserved and ongoing as to substantive defects claim) [2021] (Ollsson DCJ): Acting (unled) for a large property developer in connection with a dispute arising from payment claims under the Building and Construction Industry Security for Payments Act 1999 (NSW) including important questions of estoppel (instructed by Salim Rutherford Lawyers)

FR Projects TWP Pty Limited & Ors ats East Bay Property Pty Limited t/as Kitmiridis Architects (District Court of NSW)(settled): Acting (unled) for a property developer in claims brought for substantial damages, including a professional negligence claim against a former advisor (instructed by Salim Rutherford Lawyers)

Defamation

Vakiloroaya v Licina [2021] (District Court of NSW) (ongoing): Acting (unled) for the respondent in defamation proceedings in the university sector (instructed by Tom Howard Legal)

CHSS ats Costello [2020] (District Court of NSW) (settled): Acting (unled) for defendant in defamation proceedings in the disability support sector (instructed by Kennedys Law Group).

Nationwide News Pty Ltd v Vass [2018] NSWCA 259 (McColl, Basten and Leeming JJA): Acting (led by Gray SC) for the successful respondent on an important appeal concerning the proper construction of an offer of compromise and offers of amends in the context of the settlement of a dispute (instructed by O’Brien Solicitors)

French v Fraser (No 3) [2015] NSWSC 1807 (McCallum J): Acting (led by Gray SC and M Richardson) for the plaintiff, a senior executive of the Commonwealth Bank of Australia, in defamation proceedings concerning a series of highly defamatory publications made by a blogger. Substantial damages awarded (instructed by Clayton Utz)

Public Law

Inquest into the death of Michael Farrell [2021] (Deputy State Coroner Grahame): Acting (unled) for the NSW Commissioner of Police in relation to public interest immunity application (instructed by HWL Ebsworths)

In excess of 150 applications having been made to date in the Supreme, District and Local Courts of NSW acting on behalf of the NSW Commissioner of Police in respect of public interest immunity applications and applications under the Courts Suppression and Non-Publication Orders Act 2010 (NSW) and concerning challenges to subpoenas (instructed by the NSW Crown Solicitor).

Land and Environment

Visser v Department of Customer Service (NSW) [2021] (ongoing): Acting (unled) for homeowners in connection with a claim for compensation arising from mine subsidence damage under the Coal Mine Subsidence Compensation Act 2017 (NSW).

Wallace v Department of Customer Service (NSW) [2021] (settled): Acting (unled) for homeowners in connection with a claim for compensation arising from mine subsidence damage under the Coal Mine Subsidence Compensation Act 2017 (NSW).

Stoker v Department of Customer Service (NSW) [2020] (settled): Acting (unled) for homeowners in connection with a claim for compensation arising from mine subsidence damage under the Coal Mine Subsidence Compensation Act 2017 (NSW).

Alzakout v Department of Customer Service (NSW) [2020] (ongoing): Acting (unled) for homeowners in connection with a claim for compensation arising from mine subsidence damage under the Coal Mine Subsidence Compensation Act 2017 (NSW).

Crime

Experience having been briefed to appear in sentencing proceedings, including sentence appeals in the District Court of NSW (severity and all grounds appeals).

Career

  • Barrister (2014  – present)
  • Senior Litigation Lawyer, Australian Federal Police (2012 – 2014);
  • Senior Associate, Henry Davis York Lawyers (2007 – 2012);
  • Associate, The Hon. Mr. Justice K R Handley AO, New South Wales Supreme Court, Court of Appeal (2006).
  • Officer, Australian Army Reserve (Legal Corps).