November 22, 2023
Kellie is a specialist in employment, industrial and discrimination jurisdictions. She also accepts briefs in administrative, trade practices, common law, and restraints of trade cases. Kellie represents plaintiffs and defendants in often large, complex litigation seeking diverse remedies in equity, under the common law and under legislation (such as discrimination and competition and consumer laws). Many of these matters settle without proceeding to mediation. Kellie also advises and appears in appeals, as well as commissions, inquiries and inquests
Kellie is a qualified arbitrator and mediator and has mediated commercial, employment and discrimination matters. She has been an arbitrator of the Local Court since 2016 and was the inaugural Chair of the Australian Payments Network’s Sanctions Tribunal arbitrating penalty decisions from 2017 to 2022.
Kellie has conducted complex investigations at the highest levels of government and corporate life covering diverse issues and concerning employment, industrial, discrimination and harassment laws, ultimately providing advice and recommendations to address individual and systemic issues.
Kellie applies her keen logic to every argument, and works towards the best resolution of legal issues for clients. Working closely with her solicitors and their clients, Kellie identifies client goals and desired outcomes in order to tailor a legal strategy to suit. Kellie brings to bear her decades of experience as a lawyer as well as her experience prior to becoming a lawyer, as a consultant, working in private enterprise, government (including the then NSW Department of Industrial Relations, Education, Training and Further Education and Board of Vocational Education and Training) and academia.
Outside of chambers, she enjoys spending time with family and friends, running, hiking, cycling, yoga, painting and music.
Employment and Industrial
Discrimination
Administrative Law
Inquests and Commissions of Inquiry
Common Law
a. Industrial and Employment Law
Cross v Secretary of the Department of Education [2022] NSWIRComm 1096 (7 November 2022)
Edgar v Norton Rose Fulbright Australia Services Pty Ltd [2022] FedCFamC2G 449 (on appeal).
McLoughlin v Randstad Pty Ltd [2021] FCAFC 160 (overturning McLoughlin v Randstad Pty Ltd [2021] FCCA 223)
Morrison v Australian National University [2022] FWC 3011
Buchanan v Secretary, NSW Department of Education [2016] NSWIRComm 1045 (28 October 2016)
Katerson Pty Ltd v Thambipillay [2016] NSWSC 1226
Marroun v State Transit Authority[2016] NSWSC 1830 (15 December 2016) – a successful defence of an appeal of a public service disciplinary hearing before the Industrial Relations Commission of NSW, leading to overturn in Marroun v State Transit Authority (2016) 215 IR 122
Beavan v Industrial Relations Secretary (No 1) (2016) 92 NSWLR 473
Buckley v Terrigal Grosvenor Lodge (Erina) Pty Ltd (No.2)(2015) 298 FLR 429
Richard Plunkett and Silverbrook Research Pty Limited (2012) 221 IR 90 (led by Max Kimber SC)
b. Discrimination and Human Rights
Ramsay Health Care Australia Ltd v President, Australian Human Rights Commission [2025] FCA 2
Saudi Arabian Cultural Mission v Alramadi (2024) 305 FCR 581
Alramadi v Saudi Arabian Cultural Mission [2023] FedCFamC2G 895 (6 October 2023)
Edgar v Norton Rose Fulbright Australia Services Pty Ltd [2023] FCA 1573 (12 December 2023) (lead by Shane Prince SC)
Gutierrez v MUR Shipping Australia Pty Limited (2023) 324 IR 58; [2023] FCA 399 (4 May 2023) and Gutierrez v MUR Shipping Australia Pty Limited (No 2) [2023] FCA 567 (1 June 2023)
Delpachitra v University of Technology Sydney [2023] FCA 18 (20 January 2023)
McLoughlin v Randstad Pty Ltd [2021] FCAFC 160 (overturning McLoughlin v Randstad Pty Ltd [2021] FCCA 223)
Vitality Works Australia Pty Ltd v Yelda (No 2) (2021) 105 NSWLR 403
Hinton v Alpha Westmead Private Hospital P/L (2016) 242 FCR 1 (led by Kylie Nomchong SC)
Casey v Rebel Sport Ltd & Anor [2017] FCCA 1470 (3 July 2017)
Fernandez v University of Technology, Sydney (2015) FCCA 3432
Innes v Rail Corporation of NSW (No 2) (2013) 273 FLR 66
Kujundzic v MAS National & Ors (2013) 274 FLR 125
Burns v Media Options Group Pty Ltd & Ors [2013] FCCA 79
c. Administrative Law
Department of Education and Training v EM (GD) [2011] NSWADTAP 4
Parmar v Minister for Immigration and Citizenship (includes erratum dated 7 July 2011) (2011) 195 FCR 186
Kiernan v Commissioner of Police, New South Wales Police (No. 2) (GD) [2010] NSWADTAP 18 (26 March 2010) – appeal
Claim to nullify judgment due to legal incapacity under the Uniform Civil Procedure Rules in Azar v Dr Ritchie unreported before the District Court
d. Common Law and Commercial Law
Katerson Pty Ltd v Thambipillay [2016] NSWSC 1226.
Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) FCA 1352 (16 October 2006) 236 ALR 720; (2006) 70 IPR 146; [2007] ALMD 1936
Darcy v State of New South Wales [2010] NSWDC 210 (21 September 2010) and Darcy (bht Diane Aldridge) v State of New South Wales [2011] NSWCA 413 (21 December 2011) (led by Dr Chris Birch SC)
State of New South Wales v Rogerson (2007) Aust Torts Reports 81-926 (early bullying case)
Chairperson Australian Payments Network – April 2016 to 2022
LEADR Accredited Mediator –since 2014
BarADR Approved Arbitrator –since 2016 and Arbitrator of the Local Court of NSW (2016 to 2022).
Member of the NSW ADT (Equal Opportunity Division) (now NCAT) - 1997-2003
Barrister of the Year 2024 (Australian Law Awards).
Recommended Doyles Employment 2022
Finalist Australian Law Awards Barrister of the Year 2022 (Australian Law Awards).
Finalist Barrister of the Year Lawyers Weekly Women in Law Awards 2021
Recommended Doyles Employment 2020
Recommended Doyles Employment 2018
Author Thomson’s National Workplace Relations looseleaf service – 2005-2009
Editorial Member NSW Cell of the Alternative Law Journal – 2001 to 2007.
Bar Council Subcommittee on Accessibility (Vic Chair) –May 2022 to date.
Bar Council Subcommittee on Wellbeing -June 2017 - 2020 and 2024 - 2025.
Bar Council Subcommittee Arbitration and ADR - 2017 to 2018.
Bar Council Subcommittee on Education– 2013-2016.
Mentoring in Freehill’s Women’s Mentoring Program- 2013 onwards.
Judging Baker and McKenzie’s Women’s Law Moots – 2011 onwards.
Developments in Discrimination Law – 2025
The Positive Duty under s 47C of the Australian Human Rights Commission Act - 2025
Running Workers Compensation and Employment Matters Side BY Side – 2025
Seminar ‘Positive Duty’ and other Changes to Discrimination and Employment Law Arising from Respect@Work - 2024
Chairing the Legalwise Conference Sexual Harassment in the Workplace: Contemporary Challenges - 2023
Unethical Behaviours in Legal Practice – Rule 123 – March 2023
The Impact of #MeToo on Employment and Sexual Harassment Claims – March &September 2022
Discrimination & IR in the Pandemic – March 2022
Chairing Legalwise Employment Seminar -March 2022
Date of Admission to the Bar 2005Date of Admission as a solicitor 2001edwards@153phillip.com.au
+61 2 9132 5700
November 22, 2023
Adam has a broad commercial practice with an emphasis in commercial disputes, corporations law, equity, real property, revenue, employment and administrative law. Adam regularly appears in matters in the Supreme and District Courts, and the Federal Court, as well as the administrative review Tribunals.
Adam has appeared in a number of substantial matters encompassing various areas of his practice, including proceedings concerning: complicated specific performance relief; equitable charges over personal property of substantial value; allegedly fraudulent dispositions of real and personal property; the first case relating to payroll tax liability of mortgage aggregators; whether a taxpayer’s client contracts constitute employment agency contracts; insolvent trading; corporate creditor defeating dispositions and phoenix activity; restraints of trade, misuse of confidential information and related statutory and fiduciary duty contraventions by former directors and employees; and matters concerning franchise agreements.
Administrative
Commercial
Corporations, Insolvency, Bankruptcy
Equity
Employment and Industrial
Professional Discipline and Disciplinary Proceedings
Real Property
Revenue and Tax
Commercial, Equity and Revenue
Decided Cases
SKG Cleaning Services Pty Ltd v Chief Commissioner of State Revenue [2026] NSWCA 122 Proceedings concerned an appeal against a decision upholding payroll tax assessments issued to the appellants, who conducted commercial cleaning enterprises. At issue was whether the appellants’ client contracts were employment agency contracts within s.37(1) of the Payroll Tax Act. The appeal was dismissed. Appeared for the Chief Commissioner. View case. View first instance case.
Soueid v Dang [2025] NSWSC 674 Proceedings seeking specific performance of a sale of land contract. Default judgment obtained. The Defendant brought applications to set aside the judgment. The Defendant sought to raise defences and other claims based on an asserted right to rescind the contract such rights said to arise from an entitlement to specific performance of a collateral contract. The Defendant additionally asserted: the land contract was akin to a common law mortgage and she had an equity of redemption; an entitlement to relief against forfeiture; a promissory estoppel and claims under the ACL. The Court rejected the Defendant’s application. Acted for the successful Plaintiff. View case.
Soueid v Pham [2025] NSWSC 611 Proceedings seeking urgent withdrawal of a caveat under s.74MA of the Real Property Act. Caveat lodged the afternoon before Court ordered settlement. Orders for the removal of the caveat and for the caveator to pay the Plaintiffs costs. View case.
Loan Market Group Pty Ltd v Chief Commissioner of State Revenue; Loan Market Pty Ltd v Chief Commissioner of State Revenue [2024] NSWSC 390 Proceedings concerning whether agreements between Mortgage Brokers and a Mortgage Aggregator constituted relevant contracts for the purposes of the Payroll Tax Act 2007 and whether commissions paid to Mortgage Brokers were wages for the purposes of that Act. Appeared for the Chief Commissioner. View case.
Peter Hillig in his capacity as liquidator of Terra Nova Design Pty Ltd (In Liquidation) & Anor v Bray & Anor, FCA NSD1534/2023 Proceedings seeking remedies in relation to creditor defeating dispositions in contravention of ss.588FDB and 588GAC(2) of the Corporations Act in addition to remedies in relation for breaches of ss180-182 of the Corporations Act and for breach of fiduciary duties. Plaintiffs obtained judgment, in August 2024, pursuant to Rule 5.23(2)(c) of the Federal Court Rules 2011. Appeared for the successful Plaintiffs.
Duggan, in the matter of Conomi Group Pty Limited (Subject to Deed of Company Arrangement) [2023] FCA 998 Application for relief under s 447A of the Corporations Act 2001 Deed administrator sought orders confirming that a DOCA was not terminated and varying the DOCA to reflect events that occurred since it was executed. Appeared in support of the application for two Interested Parties. View case.
Liggins & Anor v Park Trent Properties Group Pty Ltd & Anor (No. 2) [2022] NSWSC 176 Proceedings relating to an agreement to purchase two properties; Specific performance; Damages; Date for assessment of damages where specific performance not ordered. Appeared unled for the successful Plaintiff. View case.
In the matter of J & Lee Property Investment Group Pty Ltd (in Liquidation) [2022] NSWSC 1314 Proceedings relating to liquidators of a trustee company additionally appointed as receivers and managers of the assets of a trust. Relief obtained related to orders bringing receivership to an end, orders approving receiver remuneration and charging orders made in favour of a creditor of a beneficiary of the trust. View case.
Nguyen v W & W Investments Group Pty Ltd & Ors; Wakim & Ors v Nguyen [2022] NSWSC 2021/00195834, unreported, 4 March 2022, per Darke J Sale of Land; Caveat; Notices to Complete; Appeared for the successful Cross-Claimant.
In the matter of Sails Corp Pty Ltd [2021] NSWSC 1241 Application under s.482 of the Corporations Act to terminate a winding up. Appeared for the company in liquidation and liquidators. View case.
Sidgreaves v State of New South Wales & Ors (No 2) [2021] NSWSC 934 Pure economic loss; negligent misstatement; breach of duty; vicarious liability. Appeared for the successful Defendants in having the Plaintiff’s claims struck out for a second time and ultimately the proceedings dismissed. View case.
Sidgreaves v State of New South Wales & Ors [2020] NSWSC 1460 View case.
In the matter of FC Securities [2020] NSWSC 2020/00214816, unreported 22 September 2020, per Black J] Appeared for director/guarantor against whom related proceedings were brought by a secured party. Director/guarantor brought proceedings pursuant to ss.420A and 423 of the Corporations Act seeking an inquiry into the conduct of a Controller appointed by the secured party in relation to the disposition of assets for an alleged undervalue. Both proceedings settled during the first stage of the s.423 inquiry.
In the matter of Citadel Financial Corporation Pty Ltd [2019] NSWSC 65 Insolvency; winding up; statutory demand; assessments; genuine dispute; offsetting claims; conclusive proof provisions; constitutional matter. Appeared for the Plaintiff who obtained a variation of the Deputy Commissioner’s demand with costs. View case.
Inner West Demolition (NSW) Pty Limited v Silk [2018] NSWDC 136 Section 588M Insolvent trading claim against director; Incurring of debts; Masters v Cameron; Insolvency; Reasonable grounds to suspect insolvency; Consent of liquidator; Agency; Non-availability of s.588H defences. Appeared unled for successful Plaintiff. View case.
In the matter of Plutus Payroll Australia Pty Limited [2017] NSWSC 1854 Winding up; just and equitable ground; insolvency ground; statutory demand; offsetting claim; winding up stayed until conclusion of pending committal proceedings; provisional liquidator. Appeared for Eleventh Defendant, led by R Seiden SC. View case.
Cox Purtell Staffing Services Pty Ltd v Our Energy Group Pty Ltd [2017] NSWSC 1122 Contract claim; Formation of contract; Implied acceptance/formation by conduct; Appeared unled for successful Defendant. View case.
Recent Resolved Cases
GRO Clinics (AU) Pty Ltd v Weisinger & Anor, Federal Court of Australia, QUD 749 of 2024 Interlocutory injunction; Restraint of trade. Acted for Second Defendant new employer. Resolved in 2025.
Saba v Aladjadjian; Aladjadjian v Saba & OG Capital Pty Ltd, NSWDC 2024/00098171 Acted for the second cross-defendant (SCD) made subject to a freezing order. The SCD was a second registered mortgagee of property owned by the first cross-defendant. The cross-claimant alleges the mortgage is voidable under s.37A of the Conveyancing Act and obtained ex parte orders restraining any dealing with the proceeds of sale of the property. Freezing order aspect resolved in 2025.
Morrow Sodhali Pty Ltd v Stanghieri & Ors, NSWSC Proceedings 2024/00191719 Proceedings alleging breach of restraint of trade clause. Interlocutory injunction. Acted for the Defendants post injunction application. Resolved in 2024.
Sunlake Real Estate Pty Ltd & Anor v Lake Macquarie Properties Pty Ltd & Anor, NSWDC Proceedings 2023/00234951 Proceedings alleging breach of contract relating to the sale of two real estate businesses and liability under guarantee. Acted for the Plaintiff. Resolved in 2024.
Lymford Pty Ltd & Anor v Chalker & Ors, NSWSC Proceedings 2021/00364437 Proceedings against former director and employee of company conducting grain and cattle trading activities. Acted for Plaintiff who alleged breach of contract; breach of fiduciary duties; breach of ss180, 181 and 182 Corporations Act against the director in addition to Barnes v Addy claims against further defendants. Matter settled in 2024.
Northern Beaches Industrial Supplies Pty Ltd & Anor v VEK Tools Corporation Pty Ltd & Ors, NSWDC, 2019/00155179 Franchise Agreement; Licence; Franchising Code of Conduct; Repudiation; Misleading or deceptive conduct; Estoppel. Appeared for the Plaintiff. Proceedings settled in 2022.
Wisewell & Ors v Marine Industrial Developments Pty Ltd & Anor, Federal Court of Australia, NSD1377 of 2020 Misleading or deceptive conduct relating to share acquisition; Oppression of minority; Breach of share acquisition contract. Resolved in 2022 following winding up of First Defendant.
Tax and Revenue
SKG Cleaning Services Pty Ltd v Chief Commissioner of State Revenue; Ezko Property Services (Aust) Pty Ltd atf The Ezko Unit Trust v Chief Commissioner of State Revenue [2025] NSWSC 1219 (see above).
Loan Market Group Pty Ltd v Chief Commissioner of State Revenue; Loan Market Pty Ltd v Chief Commissioner of State Revenue [2024] NSWSC 390 (see above).
Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2023] NSWCA 40 Payroll Tax; Relevant contracts; Tax charging provision; Statutory interpretation; Question of Law. Appeared for the successful Respondent, led by S Balafoutis SC. View case.
Thomas and Naaz Pty Ltd (ACN 101 491 703) v Chief Commissioner of State Revenue [2022] NSWCATAP 220 Payroll Tax; Relevant contracts; Tax charging provision; Statutory interpretation; Question of Law. Appeared for the successful Respondent. View case.
Deputy Commissioner of Taxation v Yolanda Iok Peng Ung, Federal Court of Australia, NSD1332 of 2020 GST Assessments; Proceedings for recovery; Freezing orders; Application for stay of Proceedings pending Part IVC Review. Proceedings settled in 2021.
Kedwell v Deputy Commissioner of Taxation (2020) 356 FLR 41, [2020] NSWCA 238 DPN; Defence of payment; Estoppel. Appeared for Appellant. View case.
Holiward Pty Ltd v Commissioner of Taxation, AAT 6238 of 2018 Part IVC Review of Default assessments; Capital gains; Trust income. Proceedings settled in 2020.
Fyna Projects Pty Ltd & Ors v Chief Commissioner of State Revenue [2019] HCASL 181; Fyna Projects Pty Ltd v Chief Commissioner of State Revenue (2018) 99 NSWLR 673 [2018] NSWCA 331 Tax – Notices of Assessment – Joint and Several Liability – Power to issue Third Party (Garnishee) Notices – Appeared for successful Respondent, led by R Seiden SC. View case.
The Salvation Army (New South Wales) Property Trust v Chief Commissioner of State Revenue [2018] NSWSC 128 Led by R Seiden SC. View case.
Codlea Pty Ltd v Chief Commissioner of State Revenue [2016] NSWCATAP 30 Land Tax; Primary production exemption; Questions of law. Appeared unled for the successful Respondent. View case.
Boston Sales and Market Pty Ltd v Chief Commissioner of State Revenue (2014) 99 ATR 323; [2014] NSWCATAD 139 Payroll Tax; De-grouping discretion; Statutory interpretation. Appeared unled for the successful Respondent. View case.
Employment Law
Decided Cases
Hornyak v SIMS Integrated Solutions Pty Ltd [2022] FedCFamC2G 509 Civil penalties following established breaches of civil remedy provisions in Fair Work Act; Costs pursuant to s.570 of the Fair Work Act. Appeared unled for successful Applicant in obtaining penalties and costs. View case.
Hornyak v SIMS Integrated Solutions Pty Ltd & Ors [2020] FCCA 1764 Contract; Contract formation; Casual; Awards; Underpayment claims; Breaches of civil remedy provisions in Fair Work Act. Appeared unled for successful applicant. View case.
Administrative & Public Law
B Braun Australia Pty Ltd v Comptroller-General of Customs (Proceedings concerning review of decision relating to customs classification. Appeared for the Applicant. Resolved in 2023).
Curmi v Curmi [2021] FedCFamCF2 172 Application for release from implied “Harman” undertaking (Harman v Home Office) for purposes of using documents produced to one Court in unrelated proceedings in another Court. Application opposed. Appeared for the successful Applicant. View case.
Sidgreaves v Chief Commissioner of State Revenue [2019] NSWSC 408 Question of law; Collateral attack on administrative decision in unrelated proceedings; statutory interpretation. View case.
Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86; [2013] NSWCA 180 Led by R Hamilton SC. View case.
The application for the Attorney General in and for the State of New South Wales [2014] NSWSC 1182 View case.
Re, No Ship Action Group Inc and Minister for Sustainability, Environment, Water, Population and Communities (2010) 117 ALD 622 Led by J Needham SC. View case.
B.A. Comm/B.Law (Hons)
gerard@153phillip.com.au
+61 29132 5722
November 22, 2023
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.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.“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 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.Read here
“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.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 4–9This 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.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 hereUniversity 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 (Upper Second Class (2.1) Hons)Ranked in Doyles Guide Leading Defamation Law Barristers – Australia, 2026.E | helvadjian@153phillip.com.au
P | 02 9132 5734
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NSW Bar Admission: 2021
March 28, 2024
Christopher is a practical, client-focused and results-driven barrister with a diverse practice.
Mediator 2025Barrister England and Wales November 2017Barrister NSW 2015Lawyer NSW 2011He is regularly instructed in criminal appeals to defend complex white collar prosecutions including fraud, misconduct in public office, money laundering and contraventions of the Corporations Act 2001 (Cth). He also accepts instructions in all general criminal and quasi-criminal matters.
His clients have included former South Sydney NRL player Sam Burgess, former NSW Minister Ian Macdonald, and Boxing and NRL Champion Anthony Mundine.
Christopher approaches every matter strategically with a view to maximising his client’s chance of achieving the best possible outcome, including (where appropriate) awards of costs.
Christopher is a former member of the Bar Association’s Criminal Law Committee and is on the Legal Aid Complex Crime Panel.Christopher accepts briefs in defamation and media law matters in all courts and jurisdictions. He acted for YouTube comedian FriendlyJordies defending a defamation claim by former NSW Deputy Premier John Barilaro, and whistleblower Troy Stolz in a defamation claim against Clubs NSW. He also successfully represented prominent Sydney solicitor Chris Murphy in a defamation claim against a Sydney newspaper. Previously he was a duty lawyer for UK tabloid, The Sun.
He lectures at both the University of New South Wales and the University of Sydney on defamation and privacy.
Christopher advises and represents employees and employers (including large multinational corporations) on industrial and employment matters. He was junior counsel in the landmark Workpac casual workers test case in the High Court. He also appeared in the Supreme Court of the United Kingdom in a leading case on the national minimum wage. He is the author (with Ian Neil SC and David Chin SC) of the third edition of leading Australian employment text, The Modern Contract of Employment and regularly contributes to the UK employment law bible, Tolley’s Employment Handbook.
Christopher has a particular interest in public law matters with a public interest focus. He has experience in high profile freedom of information and GIPA matters, having acted for (and advised) numerous Members of Parliament on such matters, including the Hon. Mark Dreyfus KC, the Commonwealth Attorney-General, and FriendlyJordies producer, Kristo Langker.
Prior to his call to the Bar, Christopher worked as an Associate to the Chief Justice of the Federal Court of Australia. He holds qualifications in law from the University of Sydney and King’s College London, where he was the highest ranked student in the Master of Laws (Intellectual Property and Information Law) program.
AMDRAS Accredited Mediator 2025
LLM (Dist) King’s College London (First in Course) 2014
LLM Australian National University 2013
LLB (Hons 1) University of Sydney 2011
BA University of Sydney 2010
Curriculum Vitae
chris@christopherparkin.com.au
+61 2 9132 5700
June 2, 2025
Paul Farrell has a dynamic practice in commercial law, public law, media and crime. He appears in disciplinary proceedings and inquiries, including the Independent Commission Against Corruption.
He is also a Walkley Award-winning investigative journalist and author. Before coming to the bar he reported for the ABC’s flagship current affairs programs 7.30 and Four Corners. His lengthy career in journalism brings a unique insider perspective to all areas of media law, including defamation, privacy, freedom of information, suppression orders and copyright. His investigative background is a strong asset in any form of complex litigation.
Paul also teaches privacy law, evidence law and constitutional law at the University of Technology Sydney. He was a 2022 fellow at the Reuters Institute for the Study of Journalism at the University of Oxford.
Corporate and Commercial
Criminal Law
Defamation & Media Law
Employment Law
Inquests and Inquiries
Intellectual Property
Regulatory
Gladys: A leaders’ Undoing (2023) Monash University Press
Securing Newsrooms from Digital Threats: Lessons from New Media Innovators (2022) Reuters Institute for the Study of Journalism, Oxford University
Bachelor of Communications (Journalism) Bachelor of Law, University of Technology Sydney 2015.
NSW BAR ADMISSION: 2025
CV can be provided on requestfarrell@153phillip.com.au
+61 2 9132 5700