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

Richard Potter SC

  +61 29 132 5721

Richard specialises in all aspects of media law, as well as general commercial disputes particularly involving insurance related issues such as professional indemnity or liability insurance.

In addition to the above areas of practice, Richard maintains a broad commercial litigation and equity practice, which includes consumer and commercial disputes and product liability.

Having appeared in a number of landmark High Court decisions (as a solicitor and later as junior counsel), Richard provides legal advice and representation to media publishers including major Australian book publishers, television broadcasters and online news publishers in relation to defamation, contempt, suppression and copyright issues including pre-publication advice and litigation.

He also has extensive experience appearing for both plaintiffs and defendants in relation to insurance-related disputes, including professional indemnity.

Prior to being called to the Bar, Richard practised for over 20 years, initially as a Partner at James & Sarch in Grays Inn in London and later as a Partner at DLA Phillips Fox in Sydney.

Richard has published various papers on defamation and has been a keynote speaker at industry forums, including the New South Wales State Legal Conference, New York Bar Annual Conference, University of New South Wales Media Law Conference and NSW Society of Editors.

Practice Areas

  • Defamation and Media
  • Insurance
  • Professional Liability
  • Commercial
  • Corporations
  • Equity and Trusts

Some Notable Cases

  • Channel Seven v Manock (2007) 232 CLR 245
  • LVMH Watch & Jewellery Australia Pty Ltd v Lassanah & Ors [2011] NSWCA 370

  • Papaconstuntinas v Holmes a Court [2012] 249 CLR 534
  • Bleyer v Google [2014] 88 NSWLR 670

  • Kidu v Fifer [2016] NSWSC 982

  • Accommodation West Pty Ltd v Aikman [2017] WASC 157

  • Murray v Raynor [2019] NSWCA 274

  • Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45

  • JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236

  • Gough v Squillacioti [2021] NSWDC 411

  • Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27

  • Dutton v Bazzi [2021] FCA 1474 

  • Sydney Cosmetic Clinic v Hu [2022] NSWCA 1

Dates of Admission

  • Solicitor (UK) 1983
  • Solicitor (NSW) 1991
  • Barrister (NSW) 2005
  • Senior Counsel (NSW) 2020