Larissa Andelman

Workplace Law, Discrinination, Defamation, Inquiries and Coronial hearings, Alternative Dispute Resolution

Sue Chrysanthou SC

Sue Chrysanthou SC is a leading defamation barrister whose practice also includes intellectual property matters. She was called to the bar in 2004 and was appointed Senior Counsel in 2020. Sue has acted in a number of key cases including Rush v Nationwide News, Hanson-Young v Leyonhjelm, and Stead v Fairfax Media Publications Pty Ltd. Communications/Media Contracts Defamation Intellectual Property Trade Practices Masters of Laws (UNSW) BComm(Media Arts & Production)/BLaws(First Class Honours) UTS +61 2 9132 5711

Barry Dean

Barry specialises in regulatory, defamation and media law and has appeared as junior counsel in some of Australia’s highest profile defamation proceedings. He routinely advises individual and corporate clients throughout Australia (both potential plaintiffs and defendants) in respect of defamation and reputational issues.  His practice at the Bar also encompasses commercial disputes, administrative and disciplinary hearings, and white-collar criminal defence and prosecution. Barry has particular expertise in civil disputes involving criminal allegations.  He has appeared in white-collar criminal proceedings for accused, offenders and appellants, both individual and corporate, and as crown prosecutor including on a multi-week jury trial. In addition to frequent appearances in Courts throughout Australia, Court of Appeal, High Court, Supreme Court, Local Court and District Court, Barry has in recent years: appeared at ICAC multiple times; appeared at the Football NSW tribunal; served as legal member on the Occupational Therapy Council of NSW; and appeared in the NCAT Occupational Division.   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. Administrative Law Banking, Securities and Insolvency Competition and Consumer Corporate and Commercial Media and Defamation Regulatory and Criminal Law Equity and Trusts Media & Defamation Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 (Lee J) – claim in defamation for interview broadcast on The Project – appeared led by S Chrysanthou SC for the second respondent publisher, Ms Lisa Wilkinson. Kumova v Davison (No 2) [2023] FCA 1 (Lee J) – claims in defamation about posts on the Twitter social media platform – appeared led by S Chrysanthou SC for the applicant Mr Tolga Kumova. Palmer v McGowan (No 5) (2022) 404 ALR 621 [2022] FCA 893 (Lee J) – claims and cross-claims in defamation over public statements made by each party – appeared led by P Gray SC for Mr Clive Palmer. Bazzi v Dutton (2022) 289 FCR 1; [2022] FCAFC 84 (Rares, Rangiah and Wigney JJ) – appeal against judgment in defamation in respect of publication on Twitter – appeared led by P Gray SC for the appellant publisher Shane Bazzi. Herron v HarperCollins Publishers Australia Pty Ltd (2022) 292 FCR 336; [2022] FCAFC 68; (2022) 292 FCR 490; [2022] FCAFC 119 (Rares, Wigney and Lee JJ) – appeal against judgment dismissing claims in defamation in relation to book – appeared led by BW Walker SC and S Chrysanthou SC for appellants Mr John Herron and Dr John Gill. Barilaro v Shanks-Markovia (No 2) (2021) 287 FCR 597; [2021] FCA 950 (Rares J) – interlocutory application to stay or dismiss proceedings in defamation in relation to Youtube stream because of parliamentary privilege – appeared led by S Chrysanthou SC for the applicant Mr John Barilaro who was the respondent on the interlocutory application. Kumova v Davison [2021] FCA 753 (Flick J) – interlocutory claim for journalist privilege by publisher in defamation claim over his source for posts on the Twitter social media platform - appeared led by S Chrysanthou SC for the applicant Mr Tolga Kumova who was the respondent on the interlocutory claim for privilege. Stead v Fairfax Media Publications Pty Ltd (2021) 387 ALR 123; [2021] FCA 15 (Lee J) – claims in defamation by a venture capitalist against Australian Financial Review and columnist –– appeared led by S Chrysanthou SC for the applicant Dr Elaine Stead in the proceedings and for the application for indemnity costs. Bailey v WIN Television NSW Pty Ltd (2020) 104 NSWLR 541; [2020] NSWCA 352 (Meagher and White JJA, Simpson AJA) – appeal against judgment dismissing claim in defamation in respect of news broadcast – appeared led by S Chrysanthou for the respondent publisher WIN Television. Hanson-Young v Leyonhjelm (2018) 364 ALR 624; [2018] FCA 1688 (White J) – interlocutory application to dismiss or stay proceedings in defamation in respect of public statements because of parliamentary privilege – appeared led by S Chrysanthou for the applicant Senator Hanson-Young who was the respondent on the interlocutory application. Commercial and Criminal Law De Belin v Australian Rugby League Commission Ltd [2019] FCA 688 (Perry J) – application seeking relief for misleading or deceptive conduct, unconscionable conduct, tortious inference in contractual relations, and restraint of trade in respect of conduct implementing a no-fault rule banning rugby league player from playing in the NRL competition – appeared led by M Einfeld QC on trial for the applicant Jack De Belin. 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 led by C Loukas SC (now Loukas-Karlsson J, ACT Supreme Court) and GA Bashir SC for appellant CMB. Chrysanthou and Dean defend Lisa Wilkinson Publisher apologises to defamed Doctor as part of confidential settlement Andrew Laming defamation case settles with apology from Nine Full Court allows appeal – overturns judgment that Commonwealth Minister defamed in tweet Full Court allows appeal – overturns judgment dismissing Doctors’ claim that Book was defamatory High Court finalises Senator Hanson-Young’s defamation victory Section 30 defence for WIN Television upheld in High Court Judgment for Venture Capitalist defamed in the Australian Financial Review Archbishop wins in the Court of Appeal Federal Court judgment: Hanson-Young v Leyonhjelm [2019] FCA 156 Federal Court judgment: Hanson-Young v Leyonhjelm [2018] FCA 1688 Court of Appeal – Victory: 20 August 2018 Collier v Country Women’s Association of NSW [2018] NSWCA 184 153 Phillip defend the CWA Barrister NSW 2012 Attorney NY USA 2005 Solicitor VIC 2005 Solicitor NSW 2003 LLM University of Sydney 2011 LLB (Hons) University of Sydney2003 BOptom (Hons) University of New South Wales 1999 dean@153phillip.com.au +61 29132 5720

Hussein Elachkar

Tertiary Education BCom(Accounting)/LLB (UNSW) Admitted to the Legal Profession 2010 Administrative Law Building & Construction Commercial Law Defamation Law Equity and trusts Family Law Family Provisions & Probate Real Property Credit and Investments Ombudsman:2010 – 2012 Energy and Water Ombudsman:2012 – 2014 Birchgrove Legal:2014 – 2018Alsuleiman v Nationwide News Pty Ltd & Anor Acting for the applicant, a leading Australian imam, in Defamation proceedings in the Federal Court of Australia against the publishers of the Daily Telegraph and Courier Mail. The case raises a number of important issues, including in relation to the defence of truth at common law and its differentiation from the truth defence pursuant to the s25 Defamation Act. CYD v Secretary of the Department of Education NSW Acted for the applicant in a successful administrative appeal in the NSW Civil and Administrative Tribunal concerning a decision of the Secretary of the Department of Education to cancel the applicant’s family day care provider approval pursuant to s33(1)(a) Education and Care Services National Law Act 2010 (NSW). Etihaf & Etihaf Acted for the Applicant in Family Court of Australia proceedings concerning property and children, with a range of issues including Airport Watchlist Orders following threats of removing the children from the jurisdiction of Australia, family violence, drug use, and the enforcement of orders for sale of the matrimonial property in circumstances where a child resided at the property. Carr v Chan Acted for the defendant in Family Provisions proceedings in the Supreme Court of NSW. Mohammed v Nationwide News Pty Ltd Acted for the applicant mufti in defamation proceedings in the Supreme Court of NSW against the publisher of the Daily Telegraph. The case raised some interesting questions, including the approach to be adopted in considering a strike out application regarding particulars in support of a justification defence. Sunrising Family Day Care Pty Ltd v The Department of Education & Training Acted for the Applicant (the provider of a family day care service) in an administrative appeal of a decision by the Secretary of the Department to cancel the applicant’s Commonwealth approval to receive Child Care Benefit payments pursuant to A New Tax System (Family Assistance) (Administration) Act 1999. Uzunlar & Uzunlar Acted for the Applicant in the Family Court of Australia for urgent ex parte orders, including Airport Watchlist orders, and in subsequent related proceedings concerning property and children. Warringah Timbers Pty Ltd v Mackenzie Acted for the Defendant supplier in commercial proceedings in the Supreme Court of NSW concerning alleged non-payment of ongoing trade debts, and further alleged Corporations Act civil penalty provisions, including under s182.elachkar@153phillip.com.au +61 2 9132 5700

Peter Gray SC

Peter Gray was admitted to the Bar in 1986, and appointed Senior Counsel in 2003. He practises generally in the commercial and common law fields, as well as in criminal law. He is a recognised leader in defamation and media law, and has appeared in many prominent cases in those areas. He also has extensive experience in the conduct of commissions of inquiry both state and federal. He is an experienced mediator, having conducted numerous mediations since the early 1990s. He is accredited pursuant to the National Standards and is on the panels of mediators approved by the NSW Supreme and District Courts. Alternative Dispute Resolution Appellate Commercial Criminal Defamation Equity Inquests, Royal Commissions and Statutory Tribunals Trade Practices and Competition Special Commission of Inquiry into LGBTIQ hate crimes – 2022/23 – Crime Mr Gray was Senior Counsel Assisting the Special Commission throughout 2022 and 2023.   Kazal v Thunder Studios Inc (California) [2023] FCAFC 174; [2022] FCA 110 – Defamation, Injurious Falsehood, Misleading and Deceptive Conduct. Mr Gray’s clients were awarded damages totalling over $1.5 million for a series of indefensible publications on various websites and social media sites. The respondents’ appeal to the Full Federal Court was dismissed.   V’landys v Australian Broadcasting Corporation [2023] FCAFC 80 – Defamation Mr Gray appeared for the ABC, the successful respondent in the Full Federal Court. The appellant, Mr V’landys, had sued the ABC over a “Four Corners” program about cruelty to racehorses.   Duma v Fairfax Media Publications Pty Ltd (No 3) [2022] FCA 47 – Defamation Mr Gray’s client, William Duma, a Cabinet Minister in the Government of PNG, was awarded damages of $465,000, including aggravated damages, over a series of defamatory articles in the Australian Financial Review.   Bazzi v Dutton [2022] FCAFC 84 – Defamation Mr Gray appeared in the Full Federal Court for the successful appellant, Mr Bazzi, who had published a tweet about the then Defence Minister Mr Dutton. The Court overturned a finding by the trial judge that an imputation pleaded by Mr Dutton was conveyed by Mr Bazzi’s tweet.   Gould v Jordan ( No 2) [2021] FCA 1289 – Defamation Mr Gray appeared for the successful respondent, Mr Jordan, the Commissioner of Taxation, who had made some remarks referable to Mr Gould in the course of an address to the National Press Club. The Federal Court upheld Mr Jordan’s qualified privilege defence (reply to attack).   Fairfax Media Publications Pty Ltd & Ors v Voller (2021) 273 CLR 347; [2021] HCA 27 – Defamation Mr Gray appeared for Mr Voller both in the NSW Court of Appeal (105 NSWLR 83) and subsequently in the High Court. Mr Voller was successful in both appeals. Various media companies were found to be the ‘publishers’ of comments posted by third parties to the Facebook pages of those media companies.   Nationwide News Pty Ltd v Vass [2018] 98 NSWLR 672; [2018] NSWCA 259 – Offers of amends; offers of compromise Mr Gray appeared for the successful respondent in the NSW Court of Appeal. An offer of amends under the Defamation Act was held capable of acceptance by a plaintiff even after the plaintiff had made an offer of compromise (of a higher amount) under UCPR r. 20.26.   Jane Doe v Fairfax Media Publications Pty Ltd [2018] NSWSC 1996 – Breach of confidence; breach of statutory duty Mr Gray appeared for the defendant publishers who defeated claims of breach of confidence, and breach of statutory duty, arising from a newspaper article about criminal proceedings.   O’Brien v ABC [2018] 97 NSWLR 1; [2017] NSWCA 338 – Defamation Mr Gray appeared for the successful defendant, the ABC, both at first instance and on appeal, in defamation proceedings about a ‘Media Watch’ programme.   Royal Commission into Institutional Responses to Child Sexual Abuse – 2013 to 2017 Mr Gray was leading counsel for a large institution over the five-year course of the Royal Commission.   Khalid v Legal Aid Commission of NSW [2016] NSWSC 1640 – Administrative Law Mr Gray appeared for a prisoner, accused of terrorism offences, who sought judicial review of a decision by the Legal Aid Commisssion.   McBride v Christies Australia Pty Ltd [2014] NSWSC 1729; [2015] NSWSC 754 – Equity Mr Gray’s client, a successful defendant, obtained orders for indemnity costs in proceedings in which allegations against her of breach of fiduciary and other duties, in connection with works by well-known artists, were dismissed.   Dye v Commonwealth Securities Limited & Ors [2012] FCA 242;[2012] FCA 407 Mr Gray appeared for the successful respondents in lengthy and complex Federal Court proceedings involving defamation, injurious falsehood, sexual harassment, discrimination and trade practices claims, all of which were dismissed and indemnity costs awarded.Mr Gray is a co-author of the “Defamation” title in Halsbury’s Laws of Australia. He has published and presented numerous papers and seminars. Bachelor of Arts (Hons) (Sydney) 1976 Bachelor of Laws (Sydney) 1978 Master of Laws (London) 1982 NSW BAR ADMISSION:1986 APPOINTED SC:2003gray@153phillip.com.au +61 2 9132 5718

David Helvadjian

David accepts briefs in all areas of the law but has a focus on common law (including negligence, intentional torts and defamation and suppression), commercial law (including contractual disputes, equity, class actions, corporations law and real property), and public law (including 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 appears for both plaintiffs and defendants. 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. He has been published widely in defamation law and business publications and spoken at numerous conferences. David received his Juris Doctor degree with distinction from the University of Sydney Law School, graduating second in his cohort, and also holds a Masters 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.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. 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. Rader v Haines [2022] NSWCA 198 – defamation, serious harm test under UK law, qualified privilege – led by Matthew Richardson SC, for the respondents. YAF Master & Anor v S&P Global Inc & Anor, FCA, NSD73/2021, the “Basis” and “Vale” proceedings – ongoing – class action proceedings arising from the global financial crisis – fraud, equity, corporations law – for the class – led by Robert Dick SC and Guy Donnellan. Len Roberts v ABC, FCA, NSD762/2022 – defamation – settled at mediation – led by Matthew Richardson SC. 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. ACN 603 303 126 Pty Ltd v Genetzakis & Anor, NSW Supreme Court, 2023/198599 – real property, caveat, breach of contract, cross-claim for damages – ongoing – for the defendants – unled. RNH Civil Constructions Pty Ltd v Matthews & Anor, NSW Supreme Court, 2022/228067 – injunctions, equitable relief – settled prior to hearing – for the first defendant – 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. Pene v Shetab, NSWDC, 2022/69070 – ongoing – defamation – for the defendant – led by Matthew Richardson SC but appearing unled in interlocutory hearings. Gee v Jamieson [2023] NSWDC 123 (and ongoing proceedings) – defamation, application for temporary stay – for the defendant – unled. Morshedizadeh v Morshedizadeh, NSWDC, 2022/114272 – torts, bailment, misleading and deceptive conduct – for the plaintiff – settled prior to hearing – unled. GRC Project Pty Ltd v Lai [2022] NSWDC 514 – defamation, substituted service, for the plaintiffs – unled. Flightcharter.com.au v Moore & Ors, NSWDC, 2022/33091 – contracts, representations – for the defendants – settled prior to hearing – 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. Pizza Pan Group Pty Ltd v Thota Pty Ltd & Ors, NSWDC, 2020/283820 – breach of contract, franchisee agreement, guarantees – settled prior to hearing – for the plaintiff – unled. Dawood v Dawood, Local Court of NSW, 2023/105274, ongoing, – torts, bailment, gift of car, principle of advancement – for the defendant – unled. GRC v SP No. 76887, Local Court of NSW, 2022/189337 – breach of contract, damages, restitution – 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. 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. Lai/SP No. 76887 v GRC Project Pty Ltd, NSWCAT, SC22/30518 – for the defendant – settled at the hearing – unled. EQZ v Kari Ltd [2022] NSWCATAD 221 – cancellation of authorisation of career; Children, young Persons and guardians – for the Respondent – unled.“A conversation with the NSW Solicitor-General regarding Stage 2 defamation law reforms”BarNews, forthcoming, May 2024.An interview with the NSW Solicitor-General discussing the latest defamation law reforms. “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.https://lsj.com.au/articles/more-reforms-on-the-way-for-nsws-defamation-laws/ “The New section 29A Public Interest defence considered”Law Society Journal, LSJ Online, November 2023This 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.https://lsj.com.au/articles/new-section-29a-public-interest-defence-considered/ “The First Test for s29A of the Defamation Act 2005 (NSW)”‘Opinion’, Australian Lawyers Alliance, ALA Online, 18 October 2023This 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.https://www.lawyersalliance.com.au/opinion/the-first-test-for-s29a-of-the-defamation-act-2005-nsw “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 4–9This 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.https://issuu.com/australianlawyersalliance/docs/precedent_177_david_j_helvadjian?fr=xKAE9_zU1NQ “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.https://lsj.com.au/articles/in-the-public-interest-the-new-defence-in-nsw-defamation-law/LINK “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.https://lsj.com.au/articles/defamation-law-and-the-new-serious-harm-test/University of Sydney Law SchoolJuris Doctor (Dist.) University of Sydney Business SchoolMaster of International Business with Commercial Law (with Merit) University of Sheffield, EnglandBachelors’ Degree in Economics and Politics (Hons)NSW BAR ADMISSION: 2021Download CV helvadjian@153phillip.com.au +61 2 9132 5734