Public Law
Advises and appears in all areas of federal and State administrative and constitutional law. Acts both for and against Ministers, regulators, government departments, and public officers in judicial review and related civil proceedings.
Commercial Law
Maintains a broad commercial practice spanning disputes in corporations, consumer law, property, equity, insolvency, and taxation. Represents and advises major corporations, small businesses, and individuals in complex litigation, class actions, and smaller disputes.
Briefs accepted in all areas of laws.
Reports of selected appearances in Australian trial and appellate courts.
Judicial review and merits review of a series of police decisions to revoke security licences and approvals granted under the Security Industry Act 1997 (NSW). Unled.
Tortious claim for damages for false imprisonment, with $350,000 awarded at first instance, but overturned on appeal by reason of the supervening decision of the High Court in Commonwealth v AJL20 (2021) 273 CLR 43. Unled.
Resisted merits review of a decision dismissing a complaint under the Privacy and Personal Information Protection Act 1998 (NSW) alleging breaches of the Health Privacy Principles set out in Sch 1 of the Health Records and Information Privacy Act 2002 (NSW). Unled.
Judicial review of circumstances in which Immigration Assessment Authority can consider new information when reviewing a fast track reviewable decision. Led by Stephen Lloyd SC.
Resisted various first instance and appeal proceedings commenced against police prosecutors for judicial review of Local Court orders for jurisdictional error. Unled.
Resisted judicial review of decision to prohibit applicant from providing financial services for 7 years under s 920A(1)(e) of the Corporations Act 2001 (Cth). Led by Stephen Lloyd SC.
Consumer law proceedings against Australian airlines for misleading conduct involving ‘drip pricing’ where initial cheap headline fares were incrementally increased by undisclosed charges. The court imposed penalties of $545,000 (Jetstar) and $200,000 (Virgin). Led by Simon White SC.
First case in which the High Court issued a peremptory writ of mandamus commanding the grant of a permanent visa. Whether a national interest criterion permitted refusal of a protection visa solely because the applicant was an unauthorised maritime arrival. Led by Stephen Lloyd SC.
Judical review of shire decisions to grant and refuse event permits to commercial competitors who applied for the same permit. Led by David Higgs SC on appeal. Unled at first instance.
Civil penalty proceedings against promoters of tax exploitation schemes. Led by Des Fagan SC.
Circumstances in which detention for the purposes of refugee status assessment is lawful. Whether detention could be prolonged arbitrarily by the exercise of discretionary powers. Led by Stephen Lloyd SC.
Whether ministerial power to ‘cap’ visas extended to protection visas. Led by Stephen Lloyd SC.
Succession dispute in which issues were raised as to equitable estoppel; part performance; constructive trusts; and whether a beneficial interest in real property formed part of the notional estate. Unled.
Constitutional validity of 5-year mandatory minimum sentence for the offence of people smuggling where accused was an Indonesian fisherman who helped steer a boat of asylum seekers. Led by Neil Williams SC.
Circumstances in which constitutional writs can be refused on the ground of bad faith. Unled.
Validity of deed of company arrangement where the terms of the executed instrument were not in conformity with the resolution passed at the second meeting of creditors. Led by David Pritchard SC.
Validity of “enforcement action” taken, and the legal effect of a mediation certificate issued, under the Farm Debt Mediation Act 1994 (NSW). Led by David Higgs SC. Unled on special leave application.