Rabih Alkadamani

November 21, 2023

Commercial/Equity law and Employment law.

Barry Dean

November 22, 2023

Barry specialises in regulatory, reputational (including defamation and privacy) 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). His practice at the Bar also encompasses commercial and other civil 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, High Court, Court of Appeal, Supreme Courts, Local Courts, District Court and NCAT, Barry has appeared at ICAC multiple times; appeared at the Football NSW tribunal; served as tribunal member for Basketball NSW and served as member on the Occupational Therapy Council of NSW. Before coming to the Bar, Barry practised as a solicitor for eight years, first at 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, Defamation and Privacy Regulatory and Criminal Law Equity and Trusts Media & Defamation Turner v Nampijinpa Price (FCA, Wheelahan J, reserved October 2025) Defamation claim in respect of Senator Nampijinpa Price’s media release. Appeared with P Gray SC for the respondent Senator Nampijinpa Price. Ward v Radio 2SM (NSWDC, September 2025) Defamation claim against Radio 2SM by then politician over comment said by John Laws about then pending criminal charges against him. Proceedings dismissed by consent. Appeared unled for the defendant Radio 2SM. Lehrmann v Network Ten [2025] FCAFC 173 ( Wigney, Colvin and Abraham JJ) Appeared with S Chrysanthou SC on the appeal for the second respondent Lisa Wilkinson. Goo v Kim (DCNSW, Andronos DCJ, May-September 2025) Judgment for the first plaintiff in defamation against three defendants for different publications including both online and flyers with damages across the matters totalling $388,000. Appeared unled for the first plaintiff. McGarry v Mangano (WASC, Palmer J, reserved April 2025) Defamation claim in respect of statements a councillor made in council meetings. Appeared with S Chrysanthou SC for the defendant former Councillor Mangano. Harris v Moorhead (FCA, Owens J, April 2025) Defamation claim in respect of YouTube video. Judgment for the applicant by consent with apology and matter otherwise settled on confidential terms. Appeared unled for applicant. Pendali v Nationwide News and ORS (FCA, Perram J, March 2025) Defamation claim in respect of a series of print and online newspaper articles, podcasts and videos. Proceedings discontinued with orders noting a clarification from the publishers about why they were removing the matters and that the matter otherwise settled on confidential terms. Appeared led by S Chrysanthou SC for the applicant. Deeming v Pesutto (No 3) [2024] FCA 1430 – claim in defamation by Victoria MP against the leader of her party in respect of five publications – appeared led by S Chrysanthou SC for the applicant, Ms Moira Deeming MLC. 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. Peros v Nationwide News and ORS (WASC, Tottle J, March 2023) Defamation claim in respect of podcast where third defendant Harvey Norman was a sponsor of the podcast. Proceedings against the third defendant dismissed by consent. Appeared unled for the third defendant Harvey Norman. 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. Porter v Australian Broadcasting Corporation [2021] FCA 863 (with B Walker SC); [2021] FCA 1036 (unled) Hearings to implement and enforce confidentiality related to the settlement of a defamation claim by the former Attorney General. Appeared first with B Walker SC and then unled for the applicant Christian Porter. 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. 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. Other Matters Houston v Sheils [2026] NSWSC 93 (Dhanji J) – application to set aside notice to produce for inspection in proceedings claiming millions of dollars for damaged or lost property. Appeared unled for the defendants and applicants on the motion. ICAC (May 2025) – appeared for witness in private examination. Special Commission of Inquiry in the Offending by Wayne Astill (McClellan AM KC, November 2023 to January 2024) – appeared for a regional director of Corrective Services NSW. R v Weiss (NSWLC, Fitzsimmons LCM, Nov 2022) – appeared on sentence for company director charged with falsification of books under the Corporations Act 2001 (Cth), suspended sentence delivered. Led by P Strickland SC. R v Chand (NSWDC, March 2022) – appeared unled for law clerk charged with mortgage fraud. The prosecution was no billed by the DPP and the charges dismissed based on representations from Mr Dean. ICAC Operation Aero (September 2020) – appeared for witness in public hearing. 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 (later Loukas-Karlsson J, ACT Supreme Court) and GA Bashir SC for appellant CMB. Full Court upholds judgment in favour of Lisa Wilkinson Chrysanthou and Dean win for Victorian MP 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 Ranked in Doyles Guide Leading Defamation Law Barristers – Australia, 2026. Ranked in Doyles Guide Leading White Collar Criminal Law & Regulatory Investigations - Australia, 2024 and 2025 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

Kellie Edwards

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

Hussein Elachkar

November 22, 2023

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

Adam Gerard

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

John Gooley

November 22, 2023

For more information on John’s extensive career please visit https://www.johngooley.com John was admitted as a Solicitor in 1982 and came to the Bar in 1996. John specialises in commercial law – principally in disputes involving corporations and associations (including partnerships, incorporated and unincorporated associations and cooperatives), contract law, insurance law (directors and officers, professional indemnity, special risks and other forms of general insurance and life insurance), franchising law, finance/banking law, trade practices and equity/trusts. John has wide-ranging trial experience and has been retained in a large number of commercial disputes in the Federal Court and in the Supreme Courts of New South Wales, Queensland and Western Australia. A number of the cases in which John has been involved are significant cases in the relevant practice area and were long-running. In addition, John has an extensive advisory practice in the above areas of law. John is also a widely published legal author whose books are extensively used throughout Australian universities as standard textbooks for undergraduate and postgraduate students as well for practitioners in specialised subject areas. John has over 40 years experience as a University Lecturer and Teacher in the contract, commercial and corporation law fields. LLB University of Sydney LLM (Hons) University of Sydney BA University of Sydney DipEd Sydney College of Advanced Education Banking and Finance Bankruptcy Building and Construction Law Competition and Consumer Law Contract Law Corporations and Associations Law Equity and Trusts Franchising Insurance Partnerships Real Property and Strata Titles Succession and Administration of Estates Tort John has been involved in several significant long-running commercial disputes in the Federal Court and in the Supreme Courts of New South Wales, Queensland and Western Australia some of which were running concurrently and which involved numerous interlocutory applications prior to final hearing. Those cases involved a number of areas of commercial law and included cases in the following courts: For more detail please see https://www.johngooley.com/John has a considerable practice in giving advice in specialist fields of law. In his career at the Bar he has been involved in advising: In relation to class-actions in the Federal Court and Supreme Courts; Senior Officers of insurance companies on issues of indemnity and reinsurance, proportionate liability particularly related to Professional Indemnity and directors and officers Insurance. Insurers in relation to life insurance issues, such as the application of policy exclusions to fact situations; Company directors, officers and shareholders of listed and non-listed corporations and their insurers as well as officers of both incorporated and unincorporated associations in relation to liability for breaches of duty including insolvent trading and in relation to criminal liability and civil penalty breaches; In relation to shareholder disputes including derivative actions and oppression actions under the Corporations Act, as well as meeting procedures and disputes arising out of the management of companies; Company directors in relation to legal strategies when involved in take-over, merger and reconstruction activity; Liquidators, receiver-managers and other administrators in relation to their responsibility and management of those bodies; Bank Officers, including senior legal staff and directors of matters impacting upon Bank’s liability; In relation to partnership disputes and disputes between joint ventures; Franchisees and franchisors in relation to the operation of franchises; Trustees and beneficiaries of trusts in relation to Bankruptcy and Insolvency issues. For further information please see https://www.johngooley.com/John has authored and/or co-authored a number of legal works many of which have been or are prescribed textbooks in their subject areas at Universities around Australia. John’s publications can be found at https://www.johngooley.com/ John’s current publications are: 1. Insolvent Trading and Fraudulent Trading in Australia: Regulation and Context, with Mitchell Gooley, 2016, 1st ed., LexisNexis Butterworths; 2. Corporations and Associations Law: Principles and Issues, with Michael Zammit, Matthew Dicker SC and David Russell SC, 2020, 7th ed., LexisNexis Butterworths; 3. Principles of Australian Contract Law, with Peter Radan and Ilija Vickovich, 2021, 5th ed., LexisNexis Butterworths; 4. Principles of Australian Contract Law – Cases and Materials, with Peter Radan and Ilija Vickovich, 2021, 5th ed., LexisNexis Butterworths;NSW BAR ADMISSION: 1996gooley@153phillip.com.au +61 2 9132 5700

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