Sue Chrysanthou SC

Sue Chrysanthou SC is a leading defamation barrister whose practice also includes intellectual property matters. She was called to the bar in 2004 and was appointed Senior Counsel in 2020. Sue has acted in a number of key cases including Rush v Nationwide News, Hanson-Young v Leyonhjelm, and Stead v Fairfax Media Publications Pty Ltd. Communications/Media Contracts Defamation Intellectual Property Trade Practices Masters of Laws (UNSW) BComm(Media Arts & Production)/BLaws(First Class Honours) UTS +61 2 9132 5711

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

Matthew Richardson SC

Matthew’s primary area of expertise is media and defamation law.  He has extensive trial experience and is retained for urgent applications involving injunctive relief and suppression orders. He appears for defamation plaintiffs and defendants and gives pre-publication advice. Since 2022 Matthew has been the Co-Chair of the NSW Bar Association Media and Information Law and Technology which amongst other masters assists the NSW Bar in advising on law reform in the defamation, privacy and AI spaces.Matthew has been appeared in actions involving both mass media and social media.Recent matters for plaintiffs include: Lehrmann v Network Ten Pty Ltd (Trial Judgment) [2024] FCA 369 Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555 Chau v Fairfax Media Publications[2019] FCA 185, Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125 Chris Gayle v Fairfax Media Publications Pty Ltd[2017] NSWSC 1261, Fairfax Media Publications v Gayle [2019] NSWCA 172 Ben Roberts-Smith v Fairfax Media Publications Pty Limited (No 2) [2019] FCA 1626 McLachlan v Browne (No 8)[2018] NSWSC 1968, McLachlan v Browne (No 7) [2018] NSWSC 1914 Bolton v Stoltenberg[2018] NSWSC 1518 Matthew has also appeared in the Supreme and District Courts of NSW and Federal Court of Australia for media defendants including Channel Nine, Channel Seven, Google and Harbour Radio. Recent matters include: Greiss v Seven Network (Operations) Ltd (No 2) [2024] FCA 98 Molan v Dailymail.com Australia Pty Ltd [2022] FCA 1004; Dailymail.com Australia Pty Ltd v Molan [2023] FCAFC 26 Nassif v Seven Network (Operations) Ltd [2021] FCA 1286 TCN Channel Nine v Pahuja[2019] NSWCA 166 KT v Google LLC[2019] NSWSC 1015 Mohareb v Harbour Radio Pty Limited; Mohareb v Fairfax Media Publications Pty Limited; Mohareb v State of NSW[2019] NSWSC 270 Noble v Phillips (No 3) [2019] NSWSC 110 Parizian v Seven Network Limited [2018] NSWDC 296   Melania Trump, Her Husband and US Defamation Law (June 2017), Communications Law Bulletin A Shot in the Arm for the Defence of Contextual Truth as Attention Turns to Particulars of Justification, (February 2017), Seminar given at UNSW The Defence of Contextual Truth and Hore Lacy: Struggling but Still Standing (March 2015) richardson@153phillip.com.au +61 2 9132 5716

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