David Helvadjian
David accepts briefs in all areas of the law but has a focus on common law, commercial law and public law.
In common law matters David is regularly briefed to advise and appear in matters involving negligence, intentional torts, privacy and defamation and suppression. In commercial law matters David is regularly briefed to advise and appear in matters involving contractual disputes, equity, class actions and corporations law. In public law matters David is regularly briefed to advise and appear in matters involving constitutional, regulatory and administrative law.
He has advised and appeared, unled and led, in trials and appeals in various jurisdictions and for a diverse range of clients including individuals, corporations, and government departments and agencies.
In defamation matters David is a leading junior and appears for both plaintiffs and defendants. He has appeared in many notable cases across Australia, including unled in Peros v Nationwide News Pty Ltd (No 3) [2024] QSC 192 and Gayed v Virgin Mary [2024] NSWSC 1232, and led in Rader v Haines [2022] NSWCA 198 and the Lehrmann v Network Ten Pty Ltd litigation.
David has also conducted numerous CPD/CLE presentations to lawyers across Australia on the new statutory tort for serious invasions of privacy (in force on 10 June 2025) and is considered a leading expert on the new tort. His most recent article, in the May 2025 addition of Bar News, is an analysis of the new statutory tort and recent judge-made law on privacy causes of actions with a comparative analysis of the jurisprudence in the UK.
Before coming to the Bar, David worked as an Associate for Justice Rares of the Federal Court of Australia, was a legal graduate at the National Justice Project and clerked at Ashurst. Prior to his legal career he held a number of senior positions in Strategy, Management Consultancy and Banking.
David received his Juris Doctor degree with distinction from the University of Sydney Law School, graduating second in his cohort, and holds a Master’s degree with distinction in International Business from the University of Sydney Business School and an Economics and Politics degree with upper second class Honours from the University of Sheffield in England.
Ranked in Doyles Guide Leading Defamation Law Barristers – Australia, 2026.
Selected Cases
KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 95 ALJR 666; 392 ALR 186; [2021] HCA 24 – administrative law, migration law – for the Minister – led by Perry Herzfeld SC and Greg Johnson.
Landrey v Nine Network Australia Pty Ltd [2024] FCAFC 76 – practice and procedure, defamation – for the appellant – led by Mr C Parkin.
Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 – administrative law, migration law – for the Minister – led by Greg Johnson.
Dailymail.com Australia Pty Ltd v Molan [2023] FCAFC 26 – defamation – for the appellants – led by Matthew Richardson SC.
Lambourne v Baker (No 5) [2024] NSWCA 241 – civil procedure – for the respondents – led by Anthony Cheshire SC.
Rader v Haines [2022] NSWCA 198 – defamation, serious harm test under UK law, qualified privilege – led by Matthew Richardson SC, for the respondents.
Secretary, Department of Social Services v Pedel [2025] FCA 516 – statutory interpretation, administrative law, appeal on question of law – led by Greg Johnson, for the respondent.
Lehrmann v Network Ten Pty Ltd litigation – multiple published judgments (including (Trial Judgment) [2024] FCA 369, led by Steve Whybrow SC and Matthew Richardson SC and (Costs) [2024] FCA 486 appearing unled, including multiple unled appearances throughout the proceedings) – defamation, identification, substantial truth and contextual truth, allegation that matters are of public interest, general principles, criminal offence in civil case – for the applicant.
Perfecto v Minister for Immigration [2022] FCA 1491 – migration law, administrative law, for the Minister – unled.
Registered Clubs Association of New South Wales v Stolz (No 3) [2021] FCA 1557 – employment law, costs – for the defendant – led by Geoffrey Watson SC.
Barilaro v Shanks-Markovina (No 3) [2021] FCA 1100 – defamation, juries, statutory interpretation – for the defendant – led by Dr Matt Collins QC and Chris Parkin.
Shrestha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 802 – administrative law, migration law – for the Minister – led by Greg Johnson.
Barilaro v Shanks-Markovina (No 2) (2021) 393 ALR 417; [2021] FCA 950 – defamation, constitutional law, parliamentary privilege – for the defendant – led by Dr Matt Collins QC and Chris Parkin.
Lewis v Battery Mineral Resources Ltd (in liq) [2021] FCA 963 – corporations, winding up, application for appointment of special purpose liquidator – for the plaintiffs – led by Roger Marshall SC.
Heal v Sydney Flames Basketball Pty Ltd [2025] NSWSC 200 – defamation, anshun estoppel, cause of action estoppel, issue estoppel – for the first, second, third and sixth defendants – led by Matthew Richardson SC.
Gayed v Virgin Mary & St Markorious Coptic Orthodox Church [2024] NSWSC 1232 – defamation, practice and procedure – for the second defendant – unled
Lambourne v Baker (No 4) [2024] NSWCA 132 – civil procedure procedure — recusal application — judgment stayed and amount paid into court pending determination of costs of otherwise successful respondents — order for payment out– for the respondents – unled.
Skandaguru Company Pty Ltd v Core Supply Australia Pty Ltd [2022] NSWSC 1639 – contracts, breach, implied terms, contractual remedies, for the first defendant – unled.
Jane Doe (pseudonym) v John Doe (pseudonym), NSW Supreme Court, 2022/254565 – equity, breach of confidence, publication of video recording – settled prior to hearing, included interlocutory steps such as seeking urgent suppression orders – for the defendant – unled.
Capital Access Pty Ltd v Charnwood Constructions Pty Ltd [2022] NSWSC 1185 – enforcement, writs of restitution, nexus between original recover and need for further recovery – for the Plaintiff – unled.
Peros v Nationwide News Pty Ltd & Ors (No 3) [2024] QSC 192 – defamation, serious harm issue — where the plaintiff was charged with, and later acquitted of murder – for the plaintiff – unled.
Peros v Nationwide News Pty Ltd & Ors (No 2) [2024] QSC 83 – defamation, pleading of serious harm, particulars – for the plaintiff, led by Richard Potter SC.
Peros v Nationwide News Pty Ltd & Ors [2024] QSC 80 – defamation, interpretation of Defamation Act 2005, private international law, choice of law – for the plaintiff, led by Richard Potter SC.
Pene v Shetab, NSWDC, 2022/69070 – plaintiff discontinued with costs payable to defendant – defamation – for the defendant – led by Matthew Richardson SC, appeared unled in interlocutory hearings.
GRC Project Pty Ltd v Lai [2022] NSWDC 514 – defamation, substituted service, for the plaintiffs – unled.
GRC Project Pty Ltd (t/as GRC Property Management) v Lai [2023] NSWDC 63 – tort, defamation – for the plaintiff – unled.
Rader v Haines [2021] NSWDC 610 – defamation, private international law – for the defendants – led by Matthew Richardson SC.
Pizza Pan Group Pty Ltd v Singh & Ors, NSWDC, 2020/306204 – breach of contract, franchisee agreement, guarantees – settled prior to hearing – for the plaintiff – unled.
Applied Solutions Services v Multispec Pty Ltd, Local Court of NSW, 2021/342747 – breach of contract, damages – settled prior to hearing – for the plaintiff – unled.
Baumgarten v eSafety Commissioner [2024] AATA 3052 – Online Safety Act 2021 (Cth) – practice and procedure – for the applicant – unled.
XSLJ v Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 3792 – migration, visa cancellation, character test – for the Minister – unled.
Wayne Deeth v David Blake T/AS Central Coast Food Trailers [2022] NSWCAT MV21/51895 – unpublished reasons making orders for the applicant as sought – consumer law, guarantees, defects – for the applicant – unled.
EQZ v Kari Ltd [2022] NSWCATAD 221 – cancellation of authorisation of career; Children, young Persons and guardians – for the Respondent – unled.
Publications
“Privacy matters … finally. The new statutory tort of serious invasion of privacy, and the new common law (?) action for an invasion of privacy”
BarNews, Autumn 2025, pages 46-51
An article analysing the new statutory tort for serious invasions of privacy and recent judge-made law on privacy causes of actions with a comparative analysis of the UK jurisprudence.
Read here
“A conversation with the NSW Solicitor-General regarding Stage 2 defamation law reforms”
BarNews, May 2024.
An interview with the NSW Solicitor-General discussing the latest defamation law reforms.
Read here
“More reforms on the way for NSW’s defamation laws”
Law Society Journal, LSJ Online, December 2023.
This article considers the latest defamation law reforms that focus on digital defamation and the new exemptions and defences for digital intermediaries.
Read here
“The New section 29A Public Interest defence considered”
Law Society Journal, LSJ Online, November 2023
This article is a long form consideration of the first final-hearing adjudication of the new Public Interest Defence in Heston Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223.
Read here
“The First Test for s29A of the Defamation Act 2005 (NSW)”
‘Opinion’, Australian Lawyers Alliance, ALA Online, 18 October 2023
This was a short ‘hot off the press’ opinion piece for the Australian Lawyers Alliance on Heston Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223 and the new s29A Public Interest defence.
Read here
“A saviour for the media? The genesis of the public interest defence and its possible future treatment”
Precedent, the journal of the Australian Lawyers Alliance, issue 177, August 2023, pp 4–9
This article considers the recent judicial comments in two defamation cases of the new s29A public interest defence and considers how this defence might be applied when it finally is adjudicated at a final hearing.
Read here
“In the public interest? The new defence in NSW defamation law”
Law Society Journal, Issue 84, December 2021, p88-89.
From 1 July 2021 NSW defamation law has a new defence of publishing in the public interest.
This article discusses the almost identical defence in UK defamation law and how courts there have interpreted the requirements. It also discusses the things defendants need to consider to give themselves the best chance of establishing this defence in practice.
Read here
“Defamation Law and the new serious harm test”
Law Society Journal, Issue 81, September 2021, p80-81.
From 1 July 2021 NSW defamation law has a new ‘serious harm’ test. This test prevents a claimant bringing any new defamation action unless it passes this threshold test. This article reviews the judicial treatment of the same identically worded serious harm test in the UK.
Read here
Education
University of Sydney Law School
Juris Doctor (Dist.)
University of Sydney Business School
Master of International Business with Commercial Law (with Merit)
University of Sheffield, England
Bachelors’ Degree in Economics and Politics (Upper Second Class (2.1) Hons)
Professional Recognition
Ranked in Doyles Guide Leading Defamation Law Barristers – Australia, 2026.