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Adam Smyth

MA Cantab, LLB(Hons) PGDL Univ Leg Lond, GDLP, LMusA

Qualifications:

  • Admitted as an Australian lawyer in February 2015.
  • Admitted as a solicitor of the Senior Courts of England and Wales in November 2015 (non-practising).
  • Called to the NSW Bar in May 2021.

Memberships:

  • Law Society of England & Wales.
  • ABA Australian Bar Association Ltd.
  • The New South Wales Bar Association.
  • Resolution Institute (Associate).

Adam has broad experience in overseas practice with a number of international law firms, advising on corporate governance, Listing Rules, anti-money laundering, CRS financial account reporting, competition law and financial services regulatory compliance issues, with a special focus on the (re)insurance industry.

In particular, Adam practised for several years as a registered foreign lawyer in Hong Kong. Having worked with mainland Chinese counsel on a variety of matters during that time, he boasts fluency in Mandarin Chinese (繁體简体皆可) and enjoys applying those language skills to the task at hand.

Since coming to the Bar, Adam has developed and continues to maintain a broad-based civil and commercial practice, appearing in and advising on a wide variety of matters before the courts in NSW and other Australian jurisdictions, both at first instance and on appeal.

Selected cases:

  • Lee v YOUth OK Pty Ltd [2022] NSWSC 1356 (commercial lease – termination – damages for repudiatory breach – cross-claim pleading frustration and seeking restitution and damages for statutory misleading/deceptive conduct dismissed – impact of COVID-19 regulations)
  • 1190 Pacific Highway Pty Ltd v Link Start Pty Ltd [2021] NSWSC 671 (application to extend caveats under s 74K of the Real Property Act 1900 (NSW))
  • Alexakis v Wan and anor [2021] NSWCA 172; (2021) 20 BPR 41,585 (contract for sale of land – conditions as to time for payment of deposit by instalments – proper construction)
  • Rove Estate Pty Ltd atf Lane Cove Estate Trust v Chomp Excavations & Demolition Pty Ltd (No 2) [2021] NSWSC 1124 (application for leave to amend a Commercial List Statement)
  • Wang v Cai [2021] NSWSC 1162 (motion for production of trust documents & information – intersection of fiduciary obligations of disclosure, discovery, interrogatories, and remedies under the Corporations Act 2001 (Cth))
  • Wang v Cai (No 2) [2021] NSWSC 1268 (ordered costs in interlocutory proceedings)
  • SafeWork NSW v Askfay Pty Ltd; SafeWork NSW v Grima [2021] NSWDC 572 (sentencing on guilty pleas for work health & safety offences)
  • Armouti v Nenes [2022] ACTCA 3 (family provision – relevance of considerations pertinent to an “adult child”)
  • Paul v Satici [2022] NSWSC 922 (family provision – adequacy of provision made by a will for the proper maintenance, education or advancement in life of an adult child of the testator – breadth of discretion as to quantum)
  • D’Ettorre Properties Pty Ltd t/as D’Ettorre Real Estate v Freedom Development Group Pty Ltd and anor [Unreported, NSWDC, E Olsson SC DCJ, 27 July 2022] (claim for agent’s commission – damages both under contract and alternatively for misleading/deceptive conduct in contravention of s 18 of the Australian Consumer Law)