Rabih Alkadamani

Commercial/Equity law and Employment law.

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

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

Rohan Higgins

Rohan Higgins came to the bar after 5 years working as a solicitor at Clayton Utz, where he worked primarily in the intellectual property litigation group. Administrative Alternative Dispute Resolution Commercial Communications/Media Contracts Equity Intellectual Property Migration Professional Negligence The City of Sydney v Streetscape Projects (Australia) Pty Ltd [2011] NSWSC 1214; Rohan appeared as junior counsel for the defendants.The case raised numerous complex issues including the powers of statutory bodies, contractual construction, confidential information, copyright, fiduciary duties and Barnes v Addey secondary liability. MacDonald v Raupach [2011] NSWCA 320; Rohan appeared for the second and third respondents in the Court of Appeal proceedings (having previously appeared for those parties at first instance). The case concerned whether a deed of settlement entered into when a party was bankrupt without the approval of the trusatee could be enforced after the party’s bankruptcy was annulled. Carolia Pty Ltd v Crompton [2010] NSWSC 493; Rohan appeared as junior counsel for the defendants. The proceedings concerned a contractual dispute, and raised questions about the genuiness of electronic documents. Knight v Beyond Properties Pty Ltd [2007] FCAFC 170; Rohan appeared as junior counsel in the Full Federal Court proceedings for the appellant and in the subsequent special leave application.The case concerned misleading or deceptive conduct and passing off. Nicholas Tyacke and Rohan Higgins, I Love the Smell of Copyright in the Morning: Intellectual Property Protection of Prefumes and Fragrances (2004) 17(6) IPLB 99 Nicholas Tyacke, Tara Walker and Rohan Higgins, Can Copyright Law be Used to Protect the ‘Look and Feel’ of a Website (2007) 10(2) INTLB 14 Bachelor of Arts (ANU) 1999 Bachelor of Laws (Hons) (ANU) 2001 Intellectual Property Society of Australia and New Zealandhiggins@153phillip.com.au +61 2 9132 5723

Richard Potter SC

Richard was admitted as a solicitor in NSW in 1991 (having practised commercial litigation in London as a UK solicitor for a number of years) and spent 14 years with DLA Phillips Fox (now DLA Piper), heading the insurance litigation Team in Sydney between 2000 -2005, practising in most areas of professional indemnity and other insurance disputes as well as defamation and media law. Richard was admitted to the NSW Bar in 2005 and practises in all aspects of commercial litigation and equity including insurance disputes and media law (including advising and appearing for media publishers on issues of defamation, contempt, suppression and copyright). Richard was appointed Senior Counsel in 2020. Richard also became NMAS accredited mediator through the Resolution Institute in 2022 and acts as a mediator in all types of commercial disputes as well as defamation matters. Richard also lectures part time at the University of New South Wales in the LLM program. Defamation and Media Insurance Professional Liability Commercial Corporations Equity and Trusts Channel Seven v Manock (2007) 232 CLR 245 LVMH Watch & Jewellery Australia Pty Ltd v Lassanah & Ors [2011] NSWCA 370 Papaconstuntinas v Holmes a Court [2012] 249 CLR 534 Bleyer v Google [2014] 88 NSWLR 670 Kidu v Fifer [2016] NSWSC 982 Accommodation West Pty Ltd v Aikman [2017] WASC 157 Murray v Raynor [2019] NSWCA 274 Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45 JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236 Gough v Squillacioti [2021] NSWDC 411 Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 Dutton v Bazzi [2021] FCA 1474  Sydney Cosmetic Clinic v Hu [2022] NSWCA 1 Solicitor (UK) 1983 Solicitor (NSW) 1991 Barrister (NSW) 2005 Senior Counsel (NSW) 2020 potter@153phillip.com.au +61 29 132 5721

Kieran Smark SC

Kieran was admitted as a barrister in 1991 and was appointed Senior Counsel in 2007. He practices in defamation and commercial law and has appeared in many trial and appeals in those areas. He also advises in relation to equity, property and intellectual property matters. Alternative Dispute Resolution Appellate Class Actions & Representative Proceedings Commercial Litigation Commissions and Inquiries Corporate Defamation Equity Intellectual Property Media Law Professional Conduct Property Law/Commercial/Retail & Real Property Regulatory Trusts Wills & Estates; Family Provision Act; Probate Senior Counsel – 2007 Barrister – 1991 LLB (Hons) University of Sydney smark@smark.com.au +61 2 9132 5713