Rabih Alkadamani

Commercial/Equity law and Employment law.

Larissa Andelman

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

Kellie Edwards

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 proceedings 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: Delpachitra v University of Technology Sydney [2023] FCA 18 (20 January 2023) and Delpachitra v University of Technology Sydney [2022] FCA 22 (successful strike out applications before O’Sullivan J and Besanko J respectively). Gutierrez v MUR Shipping Australia Pty Limited [2021] FedCFamC2G 56 (first successful claim under federal age discrimination laws – on appeal with regard to damages decision pending). 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). 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 Arbitrator of the Local Court of NSW (2016 to present) LEADR Accredited Mediator (2014) Member of the NSW ADT (Equal Opportunity Division) (now NCAT) – 1997-2003 Recommended Doyles Employment 2022 Finalist Australian Law Awards Barrister of the Year 2022 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 – May 2022 to date. LEADR Accredited Mediator – since 2014. BarADR Approved Arbitrator – since 2016. Arbitrator of the Local Court of NSW- January 2016 to present. Bar Council Subcommittee on Wellbeing – June 2017 to date. 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 to date. Judging Baker and McKenzie’s Women’s Law Moots – 2011 to date. 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

Adam Gerard

Adam has a broad commercial practice with an emphasis in corporations, insolvency, revenue and tax, equity, employment and administrative law. Adam regularly appears in matters in the Supreme, District and Local Courts as well as the NCAT and the Federal Court, the Federal Circuit Court and the AAT. Prior to coming to the Bar in 2012, Adam worked for 9 years as a litigation solicitor in the areas of general commercial law, revenue and tax, intellectual property and administrative law. Adam spent several years as a Solicitor Advocate, developing niche experience with respect to taxation and related commercial matters. Adam also spent several years as an instructing solicitor in a major copyright dispute in respect of survey plans. Recently, Adam has appeared in a number of substantial matters encompassing various areas of his commercial practice, including: insolvent trading proceedings pursuant to s.588M of the Corporations Act; complicated winding up proceedings; employment law proceedings, involving underpayment, breaches of workplace instruments, general protections and associated accessorial liability claims under the Fair Work Act; various taxation and associated administrative law proceedings; and disciplinary proceedings on behalf of persons disqualified by ASIC. Administrative Commercial Corporations, Insolvency, Bankruptcy Equity Employment and Industrial Intellectual Property Professional Discipline and Disciplinary Proceedings Property and Valuation Revenue and Tax Commercial, Equity, Corporations and Insolvency Decided 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). http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2022/176.html?query= Nguyen v W & W Invexstments Group Pty Ltd & Ors; Wakim & Ors v Nguyen [2022] NSWSC 2021/00195834, unreported, 4 March 2022, per Darke J] (Sale of Land Contract; Caveat; Notices to Complete; Repudiation. Appeared unled for the successful Cross-Claimant on contested application for default judgment on the Cross-Claim, seeking the return of a deposit paid pursuant to the terminated contract). 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). http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2021/1241.html Sidgreaves v State of New South Wales & Ors (No 2) [2021] NSWSC 934 (Negligent misstatement; Breach of duty; Vicarious liability; Pure economic loss. Proceedings seeking relief for pure economic loss allegedly suffered by the Plaintiff.  Appeared unled for the successful Defendants in having the Plaintiff’s Further Amended Statement of Claim struck out and ultimately the proceedings dismissed. http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2021/934.html?query= Sidgreaves v State of New South Wales & Ors [2020] NSWSC 1460 http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2020/1460.html?query= In the matter of FC Securities [2020] NSWSC 2020/00214816, unreported 22 September 2020, per Black J] Appeared for Director/Guarantor against whom proceedings were brought by a Secured Party. Director/Guarantor brought related 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. Successfully defended an application by the Controller to dismiss the inquiry application. Both proceedings thereafter successfully settled during the first stage of the s.423 inquiry proceedings. 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; Exercise of judicial power; Charges. Appeared unled for the Plaintiff who obtained a variation of the Deputy Commissioner’s demand) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2019/65.html 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) http://classic.austlii.edu.au/au/cases/nsw/NSWDC/2018/136.html 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 http://classic.austlii.edu.au/au/cases/nsw/NSWSC/2017/1854.html 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 for successful Defendant) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2017/1122.html Clearwater Asset Services Pty Limited (In Liquidation) v Boral Construction Materials Group Limited, NSWDC, 2015/164435 (Preference payment proceedings. Settled 2017) Technocraft Australia Pty Limited v Australian Scaffold Pty Limited, NSWDC, 2016 (Contract Claim; Agent’s authority; Settled 2016) In the Matter of M & V International Pty Limited SYG 296043/2015 (Application for Substitution As Moving Creditor on Winding Up Application. Order made) Leslie George Lobsey v Liverpool Plains Shire Council [2014] NSWSC 446 (Copyright, Contract, Passing Off, s.18 ACL. Summary Dismissal) Kingston Building (Australia) Pty Ltd v Dial D Pty Ltd as trustee for the Smith Street Unit Trust [2013] NSWSC 173 (Contract Construction)  Recent Resolved Cases 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). Naghdi v Raiola & Ors, NSWSC, 2019/359730 (Share Transfer Agreement; Correction of Members Register. Acted for the Defendants. Proceedings settled in 2020). Tax, Revenue and Trusts 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). http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAP/2022/220.html?query= Kedwell v Deputy Commissioner of Taxation (2020) 356 FLR 41, [2020] NSWCA 238 (DPN; Defence of payment; Estoppel. Appeared for Appellant) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2020/238.html?query= 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). Sidgreaves v Chief Commissioner of State Revenue [2019] NSWSC 408 (Question of law; Collateral attack on administrative decision in unrelated proceedings; statutory interpretation) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2019/408.html?query= 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 http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2018/331.html?query= The Salvation Army (New South Wales) Property Trust v Chief Commissioner of State Revenue [2018] NSWSC 128 (led by R Seiden SC) http://classic.austlii.edu.au/au/cases/nsw/NSWSC/2018/128.html  In the matter of Plutus Payroll Australia Pty Limited [2017] NSWSC 1854 (s 8AAZL of the (CTH) Taxation Administration Act 1953) http://classic.austlii.edu.au/au/cases/nsw/NSWSC/2017/1854.html Urmar Pty Ltd ATF Ross Burton Family Trust v Chief Commissioner of State Revenue [2017] NSWCATAD 54 (Payroll Tax; Grouping; De-grouping discretion. Appeared unled for the successful Respondent). http://www.austlii.edu.au/au/cases/nsw/NSWCATAD/2017/54.html Namoi Tyreright Pty Ltd v Chief Commissioner of State Revenue [2016] NSWCATAD 88 (Payroll Tax; Grouping; De-grouping discretion. Appeared unled for the successful Respondent). http://www.austlii.edu.au/au/cases/nsw/NSWCATAD/2016/88.html 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). http://www.austlii.edu.au/au/cases/nsw/NSWCATAP/2016/30.html 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). http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAD/2014/139.html?query= 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) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2022/509.html?query= 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) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2020/1764.html?query= Lennox v HC Securities Pty Ltd & Anor, FCCA, Melbourne, MLG 1566/2017 (General protections and accessorial liability claims under Fair Work Act. Appeared for Second Respondent on an application to strike out the accessorial liability pleading against the Second Respondent. Applicant ordered to, with the court granting leave to replead, amend accessorial liability pleading against Second Respondent). Cox Purtell Staffing Services Pty Ltd v Our Energy Group Pty Ltd [2017] NSWSC 1122 (Labour agency contract; Contract claim; Formation of contract) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2017/1122.html Recent Resolved Cases Diggins v Commercial TC Pty Ltd & Anor; Commercial TC Pty Ltd & Anor v Diggins, FCCA, SYG 1908/2020 (Employment contract formation and terms; General protections; Confidential information and copyright. Acted for Applicant/Cross-Defendant. Settled 2021. Lennox v HC Securities Pty Ltd & Anor, FCCA, Melbourne, MLG 1566/2017 (General protections and accessorial liability claims under Fair Work Act. Appeared for Second Respondent on an application to strike out the accessorial liability pleading against the Second Respondent. Applicant ordered to, with the court granting leave to replead, amend accessorial liability pleading against Second Respondent. Settled 2018). Varga v Live Group Pty Ltd & Anor, FCCC, (Acted for Applicant. Underpayments claim. Settled in 2018) Administrative & Public Law – Challenges to Government Decisions P1 v P2 [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). Sidgreaves v Chief Commissioner of State Revenue [2018] NSWCATAP 20 (Collateral attack; statutory interpretation) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2019/408.html?query= Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86; [2013] NSWCA 180 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2013/180.html?query (Led by R Hamilton SC) The application for the Attorney General in and for the State of New South Wales [2014] NSWSC 1182 http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/1182.html B.S Fisher & E.A Fisher v Roads and Maritime Services [2014] NSWSC 858 http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/858.html Perry Properties Pty Ltd v Chief Commissioner of State Revenue [2013] NSWCA 274  http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2013/274.html?query (Led by I Mescher) Child Support Registrar & Ahern and Anor [2014] FamCAFC 105 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCAFC/2014/105.html?query (Led by S Kaur-Bains) Duncan v The Honourable David Andrew Ipp AO QC and Ors [2013] NSWSC 314 http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/247.html (Led by N Hutley SC and G Ng) Re, No Ship Action Group Inc and Minister for Sustainability, Environment, Water, Population and Communities (2010) 117 ALD 622 http://www.austlii.edu.au/au/cases/cth/AATA/2010/702.html (Led by J Needham SC) ​​​​​​​Professional Discipline Whittle and Australian Securities and Investments Commission [2018] AATA 1861 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/AATA/2018/1861.html?query= Health Care Complaints Commission v Bova (No.2) [2017] NSWCATOD 28  (Led by R Lancaster SC) http://www.austlii.edu.au/au/cases/nsw/NSWCATOD/2017/28.html Health Care Complaints Commission v Bova (No.1) [2016] NSWCATOD 43 (Led by R Lancaster SC)  http://www.austlii.edu.au/au/cases/nsw/NSWCATOD/2016/43.html B.A. Comm/B.Law (Hons) gerard@153phillip.com.au +61 29132 5722

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

Christopher Parkin

Christopher is a practical, client-focused and results-driven barrister with a diverse practice. Barrister England and Wales November 2017 Barrister NSW 2015 Lawyer NSW 2011 He is regularly instructed in criminal appeals and to defend other complex criminal prosecutions including fraud, terrorism, and importation offences. His clients have included former South Sydney NRL player Sam Burgess, former NSW Minister Ian Macdonald, and Sydney identity Danny Lim. 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 member of the Bar Association’s Criminal Law Committee and is on Legal Aid’s Indictable and Complex Crime Panels. 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. 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