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 corporations, insolvency, revenue and tax, equity, employment and administrative law. Adam regularly appears in matters in the Supreme, District and Local Courts as well as the NCAT and the Federal Court, the Federal Circuit Court and the AAT. Prior to coming to the Bar in 2012, Adam worked for 9 years as a litigation solicitor in the areas of general commercial law, revenue and tax, intellectual property and administrative law. Adam spent several years as a Solicitor Advocate, developing niche experience with respect to taxation and related commercial matters. Adam also spent several years as an instructing solicitor in a major copyright dispute in respect of survey plans. Recently, Adam has appeared in a number of substantial matters encompassing various areas of his commercial practice, including: insolvent trading proceedings pursuant to s.588M of the Corporations Act; complicated winding up proceedings; employment law proceedings, involving underpayment, breaches of workplace instruments, general protections and associated accessorial liability claims under the Fair Work Act; various taxation and associated administrative law proceedings; and disciplinary proceedings on behalf of persons disqualified by ASIC. Administrative Commercial Corporations, Insolvency, Bankruptcy Equity Employment and Industrial Intellectual Property Professional Discipline and Disciplinary Proceedings Property and Valuation Revenue and Tax Commercial, Equity, Corporations and Insolvency Decided 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). http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2022/176.html?query= Nguyen v W & W Invexstments Group Pty Ltd & Ors; Wakim & Ors v Nguyen [2022] NSWSC 2021/00195834, unreported, 4 March 2022, per Darke J] (Sale of Land Contract; Caveat; Notices to Complete; Repudiation. Appeared unled for the successful Cross-Claimant on contested application for default judgment on the Cross-Claim, seeking the return of a deposit paid pursuant to the terminated contract). 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). http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2021/1241.html Sidgreaves v State of New South Wales & Ors (No 2) [2021] NSWSC 934 (Negligent misstatement; Breach of duty; Vicarious liability; Pure economic loss. Proceedings seeking relief for pure economic loss allegedly suffered by the Plaintiff.  Appeared unled for the successful Defendants in having the Plaintiff’s Further Amended Statement of Claim struck out and ultimately the proceedings dismissed. http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2021/934.html?query= Sidgreaves v State of New South Wales & Ors [2020] NSWSC 1460 http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2020/1460.html?query= In the matter of FC Securities [2020] NSWSC 2020/00214816, unreported 22 September 2020, per Black J] Appeared for Director/Guarantor against whom proceedings were brought by a Secured Party. Director/Guarantor brought related 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. Successfully defended an application by the Controller to dismiss the inquiry application. Both proceedings thereafter successfully settled during the first stage of the s.423 inquiry proceedings. 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; Exercise of judicial power; Charges. Appeared unled for the Plaintiff who obtained a variation of the Deputy Commissioner’s demand) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2019/65.html 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) http://classic.austlii.edu.au/au/cases/nsw/NSWDC/2018/136.html 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 http://classic.austlii.edu.au/au/cases/nsw/NSWSC/2017/1854.html 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 for successful Defendant) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2017/1122.html Clearwater Asset Services Pty Limited (In Liquidation) v Boral Construction Materials Group Limited, NSWDC, 2015/164435 (Preference payment proceedings. Settled 2017) Technocraft Australia Pty Limited v Australian Scaffold Pty Limited, NSWDC, 2016 (Contract Claim; Agent’s authority; Settled 2016) In the Matter of M & V International Pty Limited SYG 296043/2015 (Application for Substitution As Moving Creditor on Winding Up Application. Order made) Leslie George Lobsey v Liverpool Plains Shire Council [2014] NSWSC 446 (Copyright, Contract, Passing Off, s.18 ACL. Summary Dismissal) Kingston Building (Australia) Pty Ltd v Dial D Pty Ltd as trustee for the Smith Street Unit Trust [2013] NSWSC 173 (Contract Construction)  Recent Resolved Cases 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). Naghdi v Raiola & Ors, NSWSC, 2019/359730 (Share Transfer Agreement; Correction of Members Register. Acted for the Defendants. Proceedings settled in 2020). Tax, Revenue and Trusts 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). http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAP/2022/220.html?query= Kedwell v Deputy Commissioner of Taxation (2020) 356 FLR 41, [2020] NSWCA 238 (DPN; Defence of payment; Estoppel. Appeared for Appellant) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2020/238.html?query= 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). Sidgreaves v Chief Commissioner of State Revenue [2019] NSWSC 408 (Question of law; Collateral attack on administrative decision in unrelated proceedings; statutory interpretation) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2019/408.html?query= 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 http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2018/331.html?query= The Salvation Army (New South Wales) Property Trust v Chief Commissioner of State Revenue [2018] NSWSC 128 (led by R Seiden SC) http://classic.austlii.edu.au/au/cases/nsw/NSWSC/2018/128.html  In the matter of Plutus Payroll Australia Pty Limited [2017] NSWSC 1854 (s 8AAZL of the (CTH) Taxation Administration Act 1953) http://classic.austlii.edu.au/au/cases/nsw/NSWSC/2017/1854.html Urmar Pty Ltd ATF Ross Burton Family Trust v Chief Commissioner of State Revenue [2017] NSWCATAD 54 (Payroll Tax; Grouping; De-grouping discretion. Appeared unled for the successful Respondent). http://www.austlii.edu.au/au/cases/nsw/NSWCATAD/2017/54.html Namoi Tyreright Pty Ltd v Chief Commissioner of State Revenue [2016] NSWCATAD 88 (Payroll Tax; Grouping; De-grouping discretion. Appeared unled for the successful Respondent). http://www.austlii.edu.au/au/cases/nsw/NSWCATAD/2016/88.html 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). http://www.austlii.edu.au/au/cases/nsw/NSWCATAP/2016/30.html 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). http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCATAD/2014/139.html?query= 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) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC2G/2022/509.html?query= 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) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2020/1764.html?query= Lennox v HC Securities Pty Ltd & Anor, FCCA, Melbourne, MLG 1566/2017 (General protections and accessorial liability claims under Fair Work Act. Appeared for Second Respondent on an application to strike out the accessorial liability pleading against the Second Respondent. Applicant ordered to, with the court granting leave to replead, amend accessorial liability pleading against Second Respondent). Cox Purtell Staffing Services Pty Ltd v Our Energy Group Pty Ltd [2017] NSWSC 1122 (Labour agency contract; Contract claim; Formation of contract) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC//2017/1122.html Recent Resolved Cases Diggins v Commercial TC Pty Ltd & Anor; Commercial TC Pty Ltd & Anor v Diggins, FCCA, SYG 1908/2020 (Employment contract formation and terms; General protections; Confidential information and copyright. Acted for Applicant/Cross-Defendant. Settled 2021. Lennox v HC Securities Pty Ltd & Anor, FCCA, Melbourne, MLG 1566/2017 (General protections and accessorial liability claims under Fair Work Act. Appeared for Second Respondent on an application to strike out the accessorial liability pleading against the Second Respondent. Applicant ordered to, with the court granting leave to replead, amend accessorial liability pleading against Second Respondent. Settled 2018). Varga v Live Group Pty Ltd & Anor, FCCC, (Acted for Applicant. Underpayments claim. Settled in 2018) Administrative & Public Law – Challenges to Government Decisions P1 v P2 [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). Sidgreaves v Chief Commissioner of State Revenue [2018] NSWCATAP 20 (Collateral attack; statutory interpretation) http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2019/408.html?query= Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86; [2013] NSWCA 180 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2013/180.html?query (Led by R Hamilton SC) The application for the Attorney General in and for the State of New South Wales [2014] NSWSC 1182 http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/1182.html B.S Fisher & E.A Fisher v Roads and Maritime Services [2014] NSWSC 858 http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/858.html Perry Properties Pty Ltd v Chief Commissioner of State Revenue [2013] NSWCA 274  http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2013/274.html?query (Led by I Mescher) Child Support Registrar & Ahern and Anor [2014] FamCAFC 105 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FamCAFC/2014/105.html?query (Led by S Kaur-Bains) Duncan v The Honourable David Andrew Ipp AO QC and Ors [2013] NSWSC 314 http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/247.html (Led by N Hutley SC and G Ng) Re, No Ship Action Group Inc and Minister for Sustainability, Environment, Water, Population and Communities (2010) 117 ALD 622 http://www.austlii.edu.au/au/cases/cth/AATA/2010/702.html (Led by J Needham SC) ​​​​​​​Professional Discipline Whittle and Australian Securities and Investments Commission [2018] AATA 1861 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/AATA/2018/1861.html?query= Health Care Complaints Commission v Bova (No.2) [2017] NSWCATOD 28  (Led by R Lancaster SC) http://www.austlii.edu.au/au/cases/nsw/NSWCATOD/2017/28.html Health Care Complaints Commission v Bova (No.1) [2016] NSWCATOD 43 (Led by R Lancaster SC)  http://www.austlii.edu.au/au/cases/nsw/NSWCATOD/2016/43.html 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 35 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

Rohan Higgins

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

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