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

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

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