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

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