Rabih Alkadamani
Commercial/Equity law and Employment law.
Hussein Elachkar
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
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
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
Kieran Smark SC
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
Julian Svehla
With over 30 years of experience in corporate and commercial law, equity, trusts, and tax matters, Julian has broad expertise across various legal areas.
Julian consistently provides strategic advice and representation to both individual and corporate clients, handling a wide range of disputes at trial and appellate levels.
Julian has appeared in numerous courts, including the High Court of Australia, the Full Federal Court of Australia, the Federal Court of Australia, the Federal Circuit Court of Australia, the New South Wales Court of Appeal, the Supreme Court of New South Wales, and the District and Local Courts of New South Wales.
Julian also has successfully advocated for clients before the New South Wales Civil and Administrative Tribunal.
Banking
Bankruptcy
Commercial
Corporate Insolvency
Equity
Intellectual Property
Insurance
Professional Negligence
Tax
svehla@153phillip.com.au
+61 29132 5712
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