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

Peter Gray SC

Peter Gray was admitted to the Bar in 1986, and appointed Senior Counsel in 2003. He practises generally 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 Criminal Defamation Equity Inquests, Royal Commissions and Statutory Tribunals Trade Practices and Competition 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. 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

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