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 40 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

Richard Potter SC

Richard was admitted as a solicitor in NSW in 1991 (having practised commercial litigation in London as a UK solicitor for 8 years) and spent 14 years with DLA Phillips Fox (now DLA Piper), heading the insurance litigation Team in Sydney between 2000-2005, practising in professional indemnity, insurance disputes and media law. Richard was called to the NSW Bar in 2005 and is well regarded for his advocacy and advice work in all aspects of commercial litigation, equity, 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 is an AMDRAS accredited mediator (2022). He brings over three decades of commercial and insurance litigation experience to his mediation practice, providing parties with insight informed by extensive courtroom and advisory work. Richard mediates commercial disputes, insurance matters, and defamation cases. His litigation background enables him to assess risk and identify practical solutions, while his collaborative approach helps parties reach sustainable resolutions. Richard lectures part-time in the LLM program at the University of New South Wales, contributing to the education of the next generation of commercial lawyers. 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 Peros v Nationwide News [2024] QSC 80 Solicitor (UK) 1983 Solicitor (NSW) 1991 Barrister (NSW) 2005 Senior Counsel (NSW) 2020 potter@153phillip.com.au +61 29 132 5721

Rohan Higgins

E  |  higgins@153phillip.com.au P  |  02 9132 5723Rohan has a broad commercial litigation practice and regularly appears in all courts and various tribunals across Australia. Prior to coming to the Bar in 2007, Rohan was a solicitor at Clayton Utz, specialising in intellectual property litigation. Rohan’s practice spans various areas of law, including contract law, where he appears in disputes involving breaches of contract, negligence, misleading conduct, and implied agreements. He also has significant experience in franchise law, regularly advising franchisors and franchisees on disputes related to franchise agreements, compliance with the Franchising Code of Conduct, and interpreting franchise contract terms. In addition to contract law, Rohan's practice extends to estates and trusts, where he appears in matters involving unadministered estates, executor duties, maladministration, and trustee powers. He also regularly appears in insolvency matters, including disputes under the Corporations Act and Bankruptcy Act. Rohan also advises and appears in property disputes, including issues concerning ownership, leases, and rights in real property transactions. He also has experience in alternative dispute resolution, particularly mediation, handling matters such as personal injury claims related to professional conduct.   Administrative Alternative Dispute Resolution Commercial Communications/Media Contracts Equity and Trusts Franchising Insolvency Intellectual Property Migration Professional Negligence Real Property Pesec v Zivko (No 4) [2024] ACTSC 361 Rohan appeared (led by M. Pesman SC) for the successful defendants in a complex costs dispute following an unsuccessful oppression claim. McCallum CJ made a comprehensive costs order, requiring the plaintiff to pay the defendants' costs, with specific provisions for shared representation from 11 August 2022, and rejected the defendants' application for a special costs order. View Case Classics for a Cause Pty Ltd v Grays Ecommerce Group Ltd [2023] NSWSC 967  Rohan appeared unled for the successful first defendant in a dispute concerning an online auction of a classic car. The plaintiff sought substantial damages of $1.6M to $2.3M after a technological error caused the auction to close early. Rees J dismissed the summons and crossclaim, finding that the auctioneer acted reasonably and in accordance with the User Agreement. View Case  Colin CM Moore Pty Ltd v Sivathasan [2022] NSWSC 532  Rohan appeared for the successful defendant, led by John Gooley and instructed by Goldman Law. The case involved a Licensing Agreement granting the defendant a licence to use intellectual property related to surgical techniques for phalloplasty. The Court declared that the defendant had validly terminated the agreement, dismissing both the plaintiffs' statement of claim and the defendant's amended statement of crossclaim. View Case Perry v Perry & Ors. [2021] NSWSC 1669 Rohan successfully represented the first defendant in this complex case concerning the administration of a 45-year-old intestate estate with a rural property as its primary asset. The Court ruled in favour of the first defendant, upholding the administrator’s decisions, including the use of estate funds for the maintenance and advancement of minor beneficiaries. Rohan was led by John Gooley. View Case Traderight (NSW) Pty Ltd v Bank of Queensland Limited (No 17) [2014] NSWSC 55 Rohan, led by S. Couper KC with JV Gooley and GAF Connolly, successfully acted for the Bank of Queensland in a complex trade practices and employment dispute. The matter, which ran for over 100 days, involved numerous interlocutory applications. The Bank defeated claims from 11 franchisees seeking damages over branch closures, with Ball J dismissing all claims and entering judgment for the Bank on its counterclaims. View CaseNicholas Tyacke and Rohan Higgins, I Love the Smell of Copyright in the Morning: Intellectual Property Protection of Perfumes 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 Zealand

Sharna Clemmett

E  |  clemmett@153phillip.com.au P  |  (02) 9132 5700  Sharna Clemmett has a broad practice that includes equity and trusts, wills and estates, protective matters both in the Supreme Court and NSW Civil and Administrative Tribunal, commercial law, property law, professional indemnity, consumer law, insolvency and corporations law, vexatious proceedings matters, proceeds of crime and legal costs. She is regularly briefed by Government organisations including the Australian Federal Police, the NSW Trustee and Guardian and the NSW Public Guardian. Sharna balances a resolute awareness of the needs of clients and instructing solicitors with her ultimate remit; to provide consistently outstanding verbal and written advocacy, technical advice, and case leadership. Sharna has been a member of the Society of Trust and Estate Practitioners since 2013. She is qualified as a facilitator for Collaborative Practice matters in wills and estates, and has been listed in the Doyles Guide, in 2021, 2022 and 2023 as "recommended" counsel in estates litigation; and in 2024 and 2025 as "leading" in estates litigation. In her first year as an admitted solicitor, 2007, Sharna worked as Tipstaff to the Hon RW White in the Equity Division of the Supreme Court of New South Wales. From February 2008 to December 2011, Sharna practised in commercial litigation and Insolvency at Sparke Helmore Lawyers. Commercial Law Equity Wills and Estates Property Law Corporations Law Insolvency Law Vexatious Proceedings Proceeds of Crime Legal Costs
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