Rabih Alkadamani
Commercial/Equity law and Employment law.
Barry Dean
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
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
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
Peter Gray SC
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
David Helvadjian
David accepts briefs in all areas of the law but has a focus on common law, commercial law and public law.
In common law matters David is regularly briefed to advise and appear in matters involving negligence, intentional torts, privacy and defamation and suppression. In commercial law matters David is regularly briefed to advise and appear in matters involving contractual disputes, equity, class actions and corporations law. In public law matters David is regularly briefed to advise and appear in matters involving constitutional, regulatory and administrative law.
He has advised and appeared, unled and led, in trials and appeals in various jurisdictions and for a diverse range of clients including individuals, corporations, and government departments and agencies.
In defamation matters David is a leading junior and appears for both plaintiffs and defendants. He has appeared in many notable cases across Australia, including unled in Peros v Nationwide News Pty Ltd (No 3) [2024] QSC 192 and Gayed v Virgin Mary [2024] NSWSC 1232, and led in Rader v Haines [2022] NSWCA 198 and the Lehrmann v Network Ten Pty Ltd litigation.
David has also conducted numerous CPD/CLE presentations to lawyers across Australia on the new statutory tort for serious invasions of privacy (in force on 10 June 2025) and is considered a leading expert on the new tort. His most recent article, in the May 2025 addition of Bar News, is an analysis of the new statutory tort and recent judge-made law on privacy causes of actions with a comparative analysis of the jurisprudence in the UK.
Before coming to the Bar, David worked as an Associate for Justice Rares of the Federal Court of Australia, was a legal graduate at the National Justice Project and clerked at Ashurst. Prior to his legal career he held a number of senior positions in Strategy, Management Consultancy and Banking.
David received his Juris Doctor degree with distinction from the University of Sydney Law School, graduating second in his cohort, and holds a Master’s degree with distinction in International Business from the University of Sydney Business School and an Economics and Politics degree with upper second class Honours from the University of Sheffield in England.
Ranked in Doyles Guide Leading Defamation Law Barristers – Australia, 2026.KDSP v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 95 ALJR 666; 392 ALR 186; [2021] HCA 24 – administrative law, migration law – for the Minister – led by Perry Herzfeld SC and Greg Johnson.
Landrey v Nine Network Australia Pty Ltd [2024] FCAFC 76 - practice and procedure, defamation – for the appellant – led by Mr C Parkin.
Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 – administrative law, migration law – for the Minister – led by Greg Johnson.
Dailymail.com Australia Pty Ltd v Molan [2023] FCAFC 26 – defamation – for the appellants – led by Matthew Richardson SC.
Lambourne v Baker (No 5) [2024] NSWCA 241 – civil procedure – for the respondents – led by Anthony Cheshire SC.
Rader v Haines [2022] NSWCA 198 – defamation, serious harm test under UK law, qualified privilege – led by Matthew Richardson SC, for the respondents.
Secretary, Department of Social Services v Pedel [2025] FCA 516 – statutory interpretation, administrative law, appeal on question of law – led by Greg Johnson, for the respondent.
Lehrmann v Network Ten Pty Ltd litigation – multiple published judgments (including (Trial Judgment) [2024] FCA 369, led by Steve Whybrow SC and Matthew Richardson SC and (Costs) [2024] FCA 486 appearing unled, including multiple unled appearances throughout the proceedings) – defamation, identification, substantial truth and contextual truth, allegation that matters are of public interest, general principles, criminal offence in civil case – for the applicant.
Perfecto v Minister for Immigration [2022] FCA 1491 – migration law, administrative law, for the Minister – unled.
Registered Clubs Association of New South Wales v Stolz (No 3) [2021] FCA 1557 – employment law, costs – for the defendant – led by Geoffrey Watson SC.
Barilaro v Shanks-Markovina (No 3) [2021] FCA 1100 – defamation, juries, statutory interpretation – for the defendant – led by Dr Matt Collins QC and Chris Parkin.
Shrestha v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 802 – administrative law, migration law – for the Minister – led by Greg Johnson.
Barilaro v Shanks-Markovina (No 2) (2021) 393 ALR 417; [2021] FCA 950 – defamation, constitutional law, parliamentary privilege – for the defendant – led by Dr Matt Collins QC and Chris Parkin.
Lewis v Battery Mineral Resources Ltd (in liq) [2021] FCA 963 – corporations, winding up, application for appointment of special purpose liquidator – for the plaintiffs – led by Roger Marshall SC.
Heal v Sydney Flames Basketball Pty Ltd [2025] NSWSC 200 – defamation, anshun estoppel, cause of action estoppel, issue estoppel - for the first, second, third and sixth defendants - led by Matthew Richardson SC.
Gayed v Virgin Mary & St Markorious Coptic Orthodox Church [2024] NSWSC 1232 – defamation, practice and procedure – for the second defendant – unled
Lambourne v Baker (No 4) [2024] NSWCA 132 - civil procedure procedure — recusal application — judgment stayed and amount paid into court pending determination of costs of otherwise successful respondents — order for payment out– for the respondents – unled.
Skandaguru Company Pty Ltd v Core Supply Australia Pty Ltd [2022] NSWSC 1639 – contracts, breach, implied terms, contractual remedies, for the first defendant – unled.
Jane Doe (pseudonym) v John Doe (pseudonym), NSW Supreme Court, 2022/254565 – equity, breach of confidence, publication of video recording – settled prior to hearing, included interlocutory steps such as seeking urgent suppression orders – for the defendant – unled.
Capital Access Pty Ltd v Charnwood Constructions Pty Ltd [2022] NSWSC 1185 – enforcement, writs of restitution, nexus between original recover and need for further recovery – for the Plaintiff – unled.
Peros v Nationwide News Pty Ltd & Ors (No 3) [2024] QSC 192 – defamation, serious harm issue — where the plaintiff was charged with, and later acquitted of murder - for the plaintiff – unled.
Peros v Nationwide News Pty Ltd & Ors (No 2) [2024] QSC 83 – defamation, pleading of serious harm, particulars – for the plaintiff, led by Richard Potter SC.
Peros v Nationwide News Pty Ltd & Ors [2024] QSC 80 – defamation, interpretation of Defamation Act 2005, private international law, choice of law – for the plaintiff, led by Richard Potter SC.
Pene v Shetab, NSWDC, 2022/69070 – plaintiff discontinued with costs payable to defendant – defamation – for the defendant – led by Matthew Richardson SC, appeared unled in interlocutory hearings.
GRC Project Pty Ltd v Lai [2022] NSWDC 514 – defamation, substituted service, for the plaintiffs – unled.
GRC Project Pty Ltd (t/as GRC Property Management) v Lai [2023] NSWDC 63 – tort, defamation – for the plaintiff – unled.
Rader v Haines [2021] NSWDC 610 – defamation, private international law – for the defendants – led by Matthew Richardson SC.
Pizza Pan Group Pty Ltd v Singh & Ors, NSWDC, 2020/306204 – breach of contract, franchisee agreement, guarantees – settled prior to hearing – for the plaintiff – unled.
Applied Solutions Services v Multispec Pty Ltd, Local Court of NSW, 2021/342747 – breach of contract, damages – settled prior to hearing – for the plaintiff – unled.
Baumgarten v eSafety Commissioner [2024] AATA 3052 – Online Safety Act 2021 (Cth) - practice and procedure – for the applicant – unled.
XSLJ v Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 3792 – migration, visa cancellation, character test – for the Minister – unled.
Wayne Deeth v David Blake T/AS Central Coast Food Trailers [2022] NSWCAT MV21/51895 – unpublished reasons making orders for the applicant as sought – consumer law, guarantees, defects – for the applicant – unled.
EQZ v Kari Ltd [2022] NSWCATAD 221 – cancellation of authorisation of career; Children, young Persons and guardians – for the Respondent – unled.“Privacy matters … finally. The new statutory tort of serious invasion of privacy, and the new common law (?) action for an invasion of privacy”BarNews, Autumn 2025, pages 46-51 An article analysing the new statutory tort for serious invasions of privacy and recent judge-made law on privacy causes of actions with a comparative analysis of the UK jurisprudence.Read here
“A conversation with the NSW Solicitor-General regarding Stage 2 defamation law reforms”BarNews, May 2024.An interview with the NSW Solicitor-General discussing the latest defamation law reforms. Read here
“More reforms on the way for NSW’s defamation laws”Law Society Journal, LSJ Online, December 2023.This article considers the latest defamation law reforms that focus on digital defamation and the new exemptions and defences for digital intermediaries.Read here
“The New section 29A Public Interest defence considered”Law Society Journal, LSJ Online, November 2023This article is a long form consideration of the first final-hearing adjudication of the new Public Interest Defence in Heston Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223.Read here
“The First Test for s29A of the Defamation Act 2005 (NSW)”‘Opinion’, Australian Lawyers Alliance, ALA Online, 18 October 2023This was a short ‘hot off the press’ opinion piece for the Australian Lawyers Alliance on Heston Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223 and the new s29A Public Interest defence.Read here
“A saviour for the media? The genesis of the public interest defence and its possible future treatment”Precedent, the journal of the Australian Lawyers Alliance, issue 177, August 2023, pp 4–9This article considers the recent judicial comments in two defamation cases of the new s29A public interest defence and considers how this defence might be applied when it finally is adjudicated at a final hearing.Read here
“In the public interest? The new defence in NSW defamation law”Law Society Journal, Issue 84, December 2021, p88-89.From 1 July 2021 NSW defamation law has a new defence of publishing in the public interest.This article discusses the almost identical defence in UK defamation law and how courts there have interpreted the requirements. It also discusses the things defendants need to consider to give themselves the best chance of establishing this defence in practice.Read here
“Defamation Law and the new serious harm test”Law Society Journal, Issue 81, September 2021, p80-81.From 1 July 2021 NSW defamation law has a new ‘serious harm’ test. This test prevents a claimant bringing any new defamation action unless it passes this threshold test. This article reviews the judicial treatment of the same identically worded serious harm test in the UK.Read hereUniversity of Sydney Law SchoolJuris Doctor (Dist.)
University of Sydney Business SchoolMaster of International Business with Commercial Law (with Merit)
University of Sheffield, EnglandBachelors’ Degree in Economics and Politics (Upper Second Class (2.1) Hons)Ranked in Doyles Guide Leading Defamation Law Barristers – Australia, 2026.E | helvadjian@153phillip.com.au
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NSW Bar Admission: 2021
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