Adam Gerard

Admission Year: 2012

Barrister CV: Download

Contact Details

Now at 153 Phillip Street
Tel: (+61 2) 9132 5700

Areas of Practice

Corporations, Insolvency, Bankruptcy
Employment and Industrial
Intellectual Property
Professional Discipline and Disciplinary Proceedings
Property and Valuation
Revenue and Tax

Clerk Details

Kristen Sproule

Adam Gerard

Professional Career

Adam has a broad commercial practice with an emphasis in corporations, insolvency, revenue, intellectual property, equity, employment and administrative law. Adam regularly appears in matters in the Supreme, District and Local Courts as well as the NSW Civil and Administrative Tribunal and the Federal Court and AAT.

Prior to coming to the Bar, Adam worked for 9 years as a litigation solicitor in the areas of general commercial law, revenue, intellectual property and administrative law. Adam spent several years as a Solicitor Advocate advising and appearing for the Chief Commissioner of State Revenue in tax and general commercial matters, developing niche experience with respect to taxation and related commercial matters. Adam also spent many years as an instructing solicitor in a major copyright dispute in respect of survey plans. The dispute commenced in the Copyright Tribunal before travelling to the Full Federal Court and ultimately the High Court, culminating in the decision in Copyright Agency Limited v State of New South Wales (2008) 248 ALR 590

Examples of Recent Cases

Codlea Pty Ltd v Chief Commissioner of State Revenue [2016] NSWCATAP 30.
Adam appeared for the successful Respondent in the appeal and at first instance. The Appellant appealed a first instance decision of the Tribunal that the Appellant did not satisfy the legislative criteria of an exemption provision. The appeal was dismissed on the basis that the Appellant had not identified any question of law that was answered incorrectly.

Qantas Airways Limited v Chief Commissioner of State Revenue [2015] NSWSC 826
Qantas sought a refund of $6.26M in payroll tax in relation to a portion of tax paid in respect of superannuation contributions. Qantas contended that payments referable to the refund were payments made in respect of the services of Qantas employees prior to 1 July 1996, thereby engaging a carve out exception. The Chief Commissioner was successful in reducing the refund payable to Qantas to $2.3M from the $6.26M originally claimed. Adam appeared for the Chief Commissioner, led by Max Kimber SC and Ian Young.

Leslie George Lobsey v Liverpool Plains Shire Council & Anor [2014] NSWSC 446. Adam appeared for the Fourth Defendant in respect of a claim brought by the Plaintiff for copyright infringement, breach of contract, passing off and misleading and deceptive conduct. The proceedings were dismissed as against the Fourth Defendant.

B.S Fisher & E.A Fisher v Roads and Maritime Services [2014] NSWSC 858. Adam appeared for the Respondent. The matter involved the cancellation of the Plaintiff’s public transport accreditation and raised issues in respect of: whether a denial of procedural fairness was cured by later internal review; whether there was a failure to take into account a relevant consideration; and whether a Court should decline to exercise judicial review jurisdiction when an alternative statutory review regime had been eschewed by the Plaintiffs.

Boston Sales and Marketing Pty Limited v Chief Commissioner of State Revenue [2014] NSWCATAD 139. Adam appeared for the Chief Commissioner in a review of Tax Assessments raised under the Payroll Tax Act 2007 and Pay-roll Tax Act 1971. The matter primarily involved the question of corporate grouping for payroll tax and whether a “de-grouping” discretion should be exercised. The Tribunal determined not to exercise the “de-grouping” discretion in favour of the taxpayer.

In the Application for the Attorney General in and for the State of New South Wales [2014] NSWSC 1182. Adam appeared for the Plaintiff on an application seeking orders that a witness give evidence pursuant to the Evidence on Commission Act. The evidence was sought for proceedings which related to a disputed share sale between companies resident in Poland and the Cayman Islands. The application was contested and dealt with the compellability of a witness claiming various privileges. The witness was ordered to give the evidence

Kingston Building (Australia) Pty Ltd v Dial D Pty Ltd as trustee for the Smith Street Unit Trust [2013] NSWSC 173. The matter was construction of contract dispute relating to building payment claims. Adam was led by Frank Hicks, for the Plaintiff. Judgement was successfully obtained for the Plaintiff.

Lo v Chief Commissioner of State Revenue [2013] NSWCA 180. The appeal, brought by the taxpayer from a decision of the ADT Appeal Panel, raised issues as to whether: the Appeal Panel failed to take into account relevant considerations; the Appeal Panel took into irrelevant considerations; and whether the appeal raised questions of fact or law. The Appellant’s appeal was dismissed. Adam was led by Roger Hamilton SC.

MES Management Pty Ltd t/as MES Consulting Engineers and Project Managers v Owners Corporation of Strata Plan 21617 [2013] NSWLC (unreported 24 June 2013); Adam appeared for the Defendant in respect of a breach of contract claim brought against it. The Defendant was successful in partially defending the claim and significantly reducing the damages awarded

No Ship Action Group Inc and Minister for Environment Protection, Heritage and the Arts & Anor, Re (2010) 117 ALD 622; Adam appeared for the State of New South Wales in the litigation related to the proposed scuttling of the HMAS Adelaide to create an artificial reef off Avoca Beach. The litigation culminated in the successful scuttling of the HMAS Adelaide off Avoca Beach. Adam was led by Jane Needham SC.

Recent Interlocutory and Settled Cases

Walker v Ambulance Service of NSW, 10984/2015, NSWLC. Adam acted for the Defendant. The matter was an employment law matter and involved a claim of breach of contract. Issues raised in the matter included contract formation; whether certain acknowledgments constituted fresh consideration supporting a new contract; and the exercise of managerial prerogative. The matter was settled on favourable terms.

In the Matter of M & V International Pty Limited SYG 296043/2014. Adam appeared for the Applicants on an Interlocutory Process brought pursuant to s.465B of the Corporations Act 2001 seeking substitution as Plaintiff. The substitution order was made.

Yazbek v The Commissioner of Taxation, Federal Court, NSD 761 of 2014. Appeal from decision of Administrative Appeals Tribunal. Involved issues as to whether dividends derived by partnership or individuals; whether dividend “paid” or paid by direction; penalties.

Lee v Merl MLC 6417/2012, Federal Circuit Court, Melbourne (unreported, 23 March 2015). Adam appeared for the Applicant in the Federal Circuit Court in Melbourne seeking to have four subpoenas set aside. Three of four subpoenas were set aside.

XMAS Pty Ltd v Chief Commissioner of State Revenue, Supreme Court Proceedings 170363/2014 (unreported, 11 August 2014).  Adam appeared for the Defendant Chief Commissioner on a Notice of Motion brought by the Plaintiff. The Plaintiff sought orders that the Chief Commissioner give further and better particulars of Notices of Assessments prior to the Plaintiff filing its Appeal Statement in the substantive proceedings. The Plaintiff’s Notice of Motion was dismissed with costs.

A more fulsome list of cases Adam has recently appeared is provided in Adam’s attached CV.

Educational Background

B.A. Comm/B.Law (Hons)