Andrew Bailey

Barrister

Called to the Bar in 2014, Andrew specialises in commercial, equity and wills and estates matters.

E
abailey@twowentworth.com.au

After 12 years’ experience as a solicitor, Andrew was called to the Bar in 2014. Since then he has acquired considerable experience as advocate and adviser in a range of areas:

Commercial disputes;

Building cases (including Security of Payment Act matters);

Bankruptcy and insolvency;

General equity;

Wills & Estates;

Administrative law.

Maintaining a strong commercial and equity-focused practice, Andrew has appeared led and unled for small to medium-sized companies, high-net worth-individuals, and State and federal government departments in a diverse range of jurisdictions at trial. He also represents his clients in alternative dispute resolution forums, including compulsory and non-compulsory mediations.

By his prior employment with Church & Grace in Sydney, he was first exposed to the family provision jurisdiction opposite some of the leading practitioners in wills & estates matters at the time. This became a foundation for Andrew’s eventual practice at the Bar, being on occasion instructed by parties in contested probate and family provision litigation for plaintiffs or on behalf of the estate.

Andrew has delivered presentations for the Law Society of New South Wales CPD Program and for other organisations as part of their legal CPD programs, and published articles pertaining to a wide range of topical issues and legal developments in the Law Society Journal of NSW.

Admitted as a solicitor in 2002, Andrew practised in boutique and mid-tier law firms where he acquired widespread experience conducting matters in Queensland, Victoria, New South Wales and federal jurisdictions. He holds a Master of Laws from the University of Sydney, as well as a Bachelor of Laws from the Queensland University of Technology and Bachelor of Arts from the University of Queensland.

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Practice Areas

Select Cases

Appellate / Supervisory Jurisdiction

Director penalty notice – director filing of affidavit in separate proceedings for recovery of penalty

Legal Practitioners – removal of statutory cap on solicitor/client costs – entry into costs agreement – disclosure

Recovery of costs – indemnity principle – liability to pay – proportionality of costs

First Instance

Bankruptcy – set aside Bankruptcy Notice – review of Registrar’s decision

Insolvency – s. 459S leave to oppose winding up – failure to set aside statutory demand

Bankruptcy – set aside Bankruptcy Notice – judgment debt from civil liability judgments and gross sum costs orders

Practice and Procedure – interlocutory applications – consolidation of proceedings

Practice and Procedure – interlocutory applications – amendment of certificate judgment following costs assessment – assignment of assessed costs payable pursuant to costs orders - bankruptcy

Probate and administration – interlocutory applications – contested probate of informal Will – separate proceedings asserting promissory entitlement to whole of Estate

Insolvency – Practice and Procedure – security for costs against liquidator – top up security

Costs – recovery of amounts overpaid following costs assessment

Property damage – “second hand” (LR McLean & Co Ltd v Commissioner of Inland Revenue [1994] 3 NZLR 33) wedding dress designed in United States, imported to Australia and purchased – care label not required to be attached.

Costs – interest on costs

Practice and Procedure – dispensing with hearing and determination on papers – s. 50 of the Civil & Administrative Tribunal Act 2013.

Admissions

  • Admitted to the New South Wales Bar – 2014
  • Admitted as to the legal profession – 2002

Contact

Andrew Bailey

E
abailey@twowentworth.com.au
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