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