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

Richard Potter SC

November 22, 2023

Richard was admitted as a solicitor in NSW in 1991 (having practised commercial litigation in London as a UK solicitor for 8 years) and spent 14 years with DLA Phillips Fox (now DLA Piper), heading the insurance litigation Team in Sydney between 2000-2005, practising in professional indemnity, insurance disputes and media law. Richard was called to the NSW Bar in 2005 and is well regarded for his advocacy and advice work in all aspects of commercial litigation, equity, 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 is an AMDRAS accredited mediator (2022). He brings over three decades of commercial and insurance litigation experience to his mediation practice, providing parties with insight informed by extensive courtroom and advisory work. Richard mediates commercial disputes, insurance matters, and defamation cases. His litigation background enables him to assess risk and identify practical solutions, while his collaborative approach helps parties reach sustainable resolutions. Richard lectures part-time in the LLM program at the University of New South Wales, contributing to the education of the next generation of commercial lawyers. 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 Peros v Nationwide News [2024] QSC 80 Solicitor (UK) 1983 Solicitor (NSW) 1991 Barrister (NSW) 2005 Senior Counsel (NSW) 2020 potter@153phillip.com.au +61 29 132 5721

Kieran Smark SC

November 22, 2023

E | smark@smark.com.au P | 02 9132 5713Kieran Smark SC was admitted to the Bar in 1991 and was appointed Senior Counsel in 2007. He is a leading defamation barrister but also practices in commercial, property and administrative law matters. He often speaks on matters involving defamation and court procedure and is the author of Freedom of Information and Privacy in Australia (3rd ed, 2025, Lexis Nexis). He has represented plaintiffs and defendants in various matters including Leyonhjelm v Hanson-Young, Greenwich v Latham and Faruqi v Hanson. Download CV here. Alternative Dispute Resolution Appellate Class Actions & Representative Proceedings Commercial Litigation Commissions and Inquiries Confidential Information Corporate Defamation Equity Intellectual Property Media Law Privacy Law Professional Conduct Property Law/Commercial/Retail & Real Property Regulatory Suppression and non-publication orders Trusts Wills & Estates; Family Provision Act; Probate Freedom of Information and Privacy in Australia, 3rd edition Senior Counsel – 2007 Barrister – 1991 LLB (Hons) University of Sydney Ranked in Doyles Guide as a Leading Technology, Media & Telecommunications Senior Counsel – Australia, 2024 Ranked in Doyles Guide as a Leading Technology, Media & Telecommunications Senior Counsel - NSW, since 2018 Recognised in Best Lawyers for Defamation and Media Law since 2021

Peter Gray SC

November 22, 2023

Peter Gray was admitted to the Bar in 1986, and appointed Senior Counsel in 2003. He has a wide general practice, notably in the commercial and common law fields, as well as in criminal law. He is a recognised leader in defamation and media law, and has appeared in many prominent cases in those areas. He also has extensive experience in the conduct of commissions of inquiry both state and federal. He is an experienced mediator, having conducted numerous mediations since the early 1990s. He is accredited pursuant to the National Standards and is on the panels of mediators approved by the NSW Supreme and District Courts. Alternative Dispute Resolution Appellate Commercial Commissions of Inquiry Criminal Defamation and Privacy Equity Commissioner of State Revenue v Gleeson [2024] FCA 908 – Corporations Law, Insolvency, Payroll Tax Mr Gray led John Gooley, also of 153 Phillip, for the NSW Commissioner of State Revenue in these multi-party Federal Court proceedings. The Commissioner was successful in having a Deed of Company Arrangement terminated on the grounds of injustice and that it was contrary to the interests of creditors: Corporations Act s. 445D(1)(e) and (f)(ii). Special Commission of Inquiry into LGBTIQ hate crimes – 2022/23 – Crime Mr Gray was Senior Counsel Assisting the Special Commission throughout 2022 and 2023. Kazal v Thunder Studios Inc (California) [2023] FCAFC 174; [2022] FCA 110 – Defamation, Injurious Falsehood, Misleading and Deceptive Conduct. Mr Gray’s clients were awarded damages totalling over $1.5 million for a series of indefensible publications on various websites and social media sites. The respondents’ appeal to the Full Federal Court was dismissed. V’landys v Australian Broadcasting Corporation [2023] FCAFC 80 – Defamation Mr Gray appeared for the ABC, the successful respondent in the Full Federal Court. The appellant, Mr V’landys, had sued the ABC over a “Four Corners” program about cruelty to racehorses. Duma v Fairfax Media Publications Pty Ltd (No 3) [2022] FCA 47 – Defamation Mr Gray’s client, William Duma, a Cabinet Minister in the Government of PNG, was awarded damages of $465,000, including aggravated damages, over a series of defamatory articles in the Australian Financial Review. Bazzi v Dutton [2022] FCAFC 84 – Defamation Mr Gray appeared in the Full Federal Court for the successful appellant, Mr Bazzi, who had published a tweet about the then Defence Minister Mr Dutton. The Court overturned a finding by the trial judge that an imputation pleaded by Mr Dutton was conveyed by Mr Bazzi’s tweet. Gould v Jordan ( No 2) [2021] FCA 1289 – Defamation Mr Gray appeared for the successful respondent, Mr Jordan, the Commissioner of Taxation, who had made some remarks referable to Mr Gould in the course of an address to the National Press Club. The Federal Court upheld Mr Jordan’s qualified privilege defence (reply to attack). Fairfax Media Publications Pty Ltd & Ors v Voller (2021) 273 CLR 347; [2021] HCA 27 – Defamation Mr Gray appeared for Mr Voller both in the NSW Court of Appeal (105 NSWLR 83) and subsequently in the High Court. Mr Voller was successful in both appeals. Various media companies were found to be the ‘publishers’ of comments posted by third parties to the Facebook pages of those media companies. Nationwide News Pty Ltd v Vass [2018] 98 NSWLR 672; [2018] NSWCA 259 – Offers of amends; offers of compromise Mr Gray appeared for the successful respondent in the NSW Court of Appeal. An offer of amends under the Defamation Act was held capable of acceptance by a plaintiff even after the plaintiff had made an offer of compromise (of a higher amount) under UCPR r. 20.26. Jane Doe v Fairfax Media Publications Pty Ltd [2018] NSWSC 1996 – Breach of confidence; breach of statutory duty Mr Gray appeared for the defendant publishers who defeated claims of breach of confidence, and breach of statutory duty, arising from a newspaper article about criminal proceedings. O’Brien v ABC [2018] 97 NSWLR 1; [2017] NSWCA 338 – Defamation Mr Gray appeared for the successful defendant, the ABC, both at first instance and on appeal, in defamation proceedings about a ‘Media Watch’ programme. Royal Commission into Institutional Responses to Child Sexual Abuse – 2013 to 2017 Mr Gray was leading counsel for a large institution over the five-year course of the Royal Commission. Khalid v Legal Aid Commission of NSW [2016] NSWSC 1640 – Administrative Law Mr Gray appeared for a prisoner, accused of terrorism offences, who sought judicial review of a decision by the Legal Aid Commisssion. McBride v Christies Australia Pty Ltd [2014] NSWSC 1729; [2015] NSWSC 754 – Equity Mr Gray’s client, a successful defendant, obtained orders for indemnity costs in proceedings in which allegations against her of breach of fiduciary and other duties, in connection with works by well-known artists, were dismissed. Dye v Commonwealth Securities Limited & Ors [2012] FCA 242;[2012] FCA 407 Mr Gray appeared for the successful respondents in lengthy and complex Federal Court proceedings involving defamation, injurious falsehood, sexual harassment, discrimination and trade practices claims, all of which were dismissed and indemnity costs awarded.Mr Gray is a co-author of the “Defamation” title in Halsbury’s Laws of Australia. He has published and presented numerous papers and seminars.Ranked in Doyles Guide Leading Defamation Law Barristers – Australia, 2026. Ranked in Doyles Guide as a Leading Technology, Media & Telecommunications Senior Counsel - NSW, 2026 Bachelor of Arts (Hons) (Sydney) 1976 Bachelor of Laws (Sydney) 1978 Master of Laws (London) 1982 NSW BAR ADMISSION:1986 APPOINTED SC:2003gray@153phillip.com.au +61 2 9132 5718

Christopher Parkin

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

Anthony Franklin SC

May 20, 2025

Anthony Franklin is a commercial barrister specialising primarily in intellectual property with extensive international experience. • Called to the bar in South Africa in 1982 – granted silk in 1996• Called to the NSW bar in 1998 – granted silk in 2003• Called to the London bar in 2002 (Lincoln’s Inn) In South Africa, Anthony has appeared in a large number of leading patent, copyright, trade mark and designs cases. He came to Australia in 1998 as one of South Africa’s leading intellectual property senior counsel. In Australia, Anthony has established a substantial intellectual property practice, with a particular emphasis on patent litigation, but including copyright, trade marks and designs. In 2004 to 2005 he practised in London as a member of Hogarth Chambers in Lincoln’s Inn, one of the UK’s leading intellectual property sets of barristers. He returned to Sydney at the end of 2005, although he continues to take briefs in South Africa and the United Kingdom. He has door Chambers in South Africa (Circle Chambers, Pretoria) and in London (Hogarth Chambers). Throughout Anthony’s practice his main specialism has been patent litigation. He has appeared in a large number of reported patent cases in diverse fields including pharmaceutical (biotechnology and organic chemistry), engineering (mechanical, mining, chemical and electrical), gaming technology and consumer goods. Anthony also takes briefs in other fields and he has appeared in a variety of general commercial cases often involving contractual disputes in areas of complicated technology. He also has extensive arbitration experience. He is the founder and member of IPACSA (The Intellectual Property Arbitration Centre South Africa). Commercial law Intellectual property Information technology Professional negligence Trade practices Arbitration BA LLB (University of Witwatersrand) Claude Franks Memorial Prize (top student, Jurisprudence and Conflict of Laws).Australia Intellectual Property Committee of the Law Council of Australia Copyright Society of Australia Intellectual Property Society of Australia and New Zealand South Africa Pretoria Society of Advocates Circle Chambers (Brooklyn, Pretoria) United Kingdom Lincolns Inn Hogarth Chambers (5 New Square, Lincoln’s Inn)Flexibility vs Certainty in Patent Law – Australia vs UK and South Africa (Intellectual Property Forum, Issue 58, September 2004) Pick a Principle – A Provocative Look at Patent Claim Construction in Australia (Intellectual Property Forum, Issue 67, December 2006) Profile – In Conversation with Anthony Franklin SC (Intellectual Property Forum, Issue 71, December 2007) “In the Light of” Common General Knowledge – Obviousness after the Full Court Decision in AstraZeneca v Apotex (Intellectual Property Forum, Issue 98, September 2014)NSW BAR ADMISSION: 1998APPOINTED SC: 2003franklin@153phillip.com.au +61 4 34 438 635 +61 2 9132 5726

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