Andrew A Wilson

Call 2020

Background

Andrew maintains a broad practice that focuses on the principal areas of commercial law, employment law, and criminal and regulatory law.

Andrew brings with him over 25 years’ experience across law, government and industrial relations. He was called to the Bar in 2020 after having been admitted as a solicitor in 2007, and having worked in industrial relations since 1997. As a solicitor he worked in both private and government practice, and as an advisor to the Attorney General of New South Wales.

Andrew’s commercial practice spans disputes relating to general commercial matters, building and construction, consumer law, technology, commercial equity, and corporations law and insolvency. His employment practice includes both the individual and collective aspects of employment law, as well as work health and safety. Andrew’s criminal and regulatory practice extends to advising and appearing in matters relating to general crime, professional discipline, firearms and occupational licencing, working with children matters, and heavy vehicle prosecutions.

Since being called to the Bar, Andrew has appeared in a wide range of matters on behalf of ASX-listed companies, small and medium sized enterprises, individuals, insolvency practitioners, not-for-profit entities and trade unions. He primarily appears in the Supreme, District and Local Courts of New South Wales, Federal Court of Australia, Federal Circuit and Family Court of Australia, the Fair Work Commission and the New South Wales Civil and Administrative Tribunal (NCAT). His experience also extends to appearing led in matters in the New South Wales Court of Appeal and the New South Wales Court of Criminal Appeal.

Andrew is valued for his technical proficiency and highly developed interpersonal skills. He holds a Master of Laws, a Bachelor of Laws, and a Bachelor of Commerce. Andrew is a member of various professional associations. In addition to his litigation and advisory practice, he acts as a Mediator in commercial and employment disputes.

Publications And Speaking Engagements

Select Matters

Building, Construction and Technology

  • Oikos Constructions Pty Ltd t/as Lars Fischer Construction v Ostin & Anor [2020] NSWCA 358: Contract – Home Building Act– whether contract confined to negotiated scope of works or expanded to include other works by virtue of the implied statutory warranties – whether building in breach of statutory warranties; Remedies – Damages – where loss claimed would have been suffered if contract had been properly performed. Led by P J Bambagiotti.
  • Pittmore Pty Ltd v Chan; Chan v Tan [2020] NSWCA 344: NSW Court of Appeal; Contract – effect of handwritten amendments; Deeds – delivery in escrow; election and waiver; equity – liability for procuring a breach of fiduciary duty; equity – rectification; equity – unconscionability. Led by Insall SC.
  • Bulmerbuild and Anor v Georges River Grammar School (District Court, ongoing): Claims in contract, under the Australian Consumer Law and in restitution concerning various building works. Unled.
  • Conekt Australasia Pty Ltd v Enspira Financial Pty Ltd (District Court 2023): claims arising from a contract for the supply of IT infrastructure and services; construction of contract; breach of contract; question of entry into a new contract; novation; assignment of rights by liquidator or related company. Settled. Unled.

Commercial 

  • Christer Nominees Pty Ltd trading as Willis Property Group v Calabria Community Club Ltd, NSW Supreme Court [2022] NSWSC 284, application to set aside subpoenas successful in part, application to transfer proceedings to Equity Division not made out. Unled.
  • Mohajeri v Eyachts, NSW District Court (2021/00010594), Claim under the Australian Consumer Law. Application – consumer guarantees, election and waiver of statutory rights, settled. Unled.
  • Thompson and Anor v Mitchell, NSW District Court (2019/00232392) Claim under director’s guarantee, settled. Unled.
  • Chen v Lee and Anor, NSW Local Court (2018/00215879), contested stay application after judgment, appeal to the Supreme Court, appeared for the applicant, stay ordered. Unled.

Commissions and Inquiries

  • Astill Special Commission of Inquiry 2023: Represented a Correctional Officer named in the Inquiry. Unled. 

Corporations and Insolvency

  • Bioaction Pty Ltd v Ogborne, in the matter of Bioaction Pty Ltd, Federal Court [2022] FCA 436: Separate question as to whether an application to set aside a creditor’s statutory demand was served electronically. Led by Gollege SC. 
  • In the matter of Citilawyers Pty Ltd [2022] NSWSC 475: Application to set aside a creditor’s statutory demand on the basis of a genuine dispute. Unled.
  • In the matter of the Boolaroo Land Co Pty Ltd (Supreme Court 2022): successful application for the appointment of a new liquidator pursuant to s 90-15 of the Insolvency Practice Schedule. Unled.
  • In the matter of L&B Seafood [2022] NSWSC 100: Winding up on just and equitable grounds; Oppression. Cross-application for buy out order. Winding up order obtained and buy-out order resisted. Led by T Cleary.
  • Clark Jacobs Pty Ltd v Cartwright (FCFCA SYG1499/2021): Federal Circuit and Family Court; related Local Court proceedings; bankruptcy proceedings; creditor’s petition; resisted sequestration orders; Local Court judgment set aside; proceedings settled. Unled.
  • Scottish Pacific Business Finance Pty Ltd v Qaqour [2022] FCA 725: Corporations — application for freezing orders — application for appointment of provisional liquidator. Unled.
  • Scottish Pacific Business Finance Pty Ltd v Qaqour (No 2) [2022] FCA 779: Corporations — Evidence — privilege against self-incrimination — where corporate defendant ordered to provide information — where sole director and member of the corporate defendant claims privilege against self-incrimination — whether compliance by the corporate defendant would tend to incriminate the sole director and member. Unled.
  • Arnautovic v Qaqour (No 2) [2022] FCA 843: Corporations — application to vary orders made under s 486A of the Corporations Act 2001 (Cth). Unled.
  • Arnautovic v Qaqour (No 3) [2022] FCA 844: Corporations — application for access to passport produced to the Court under s 486A of the Corporations Act 2011 (Cth) — application refused. Unled.

Disciplinary and Regulatory

  • HCCC v Verdugo [2024] NSWCATOD 2: Health – Nursing – Unsatisfactory Professional Conduct – Professional Misconduct – where practitioner engaged in a sexual act with a patient under their care. Balance of allegations not upheld. Unled.
  • HCCC v Stinson (NCAT Occupational Division 2023): Professional disciplinary proceedings against a chiropractor; ongoing. Unled.
  • In the matter of Glen Renton (Uniting Church Committee for Discipline 2022): Ecclesiastical. Unled. 
  • DVR v Children’s Guardian [2023] NSWCATAD 240: Refusal of application for working with children check clearance – Whether applicant poses a risk to the safety of children – Whether there is a possibility that applicant engaged in sexual conduct with children as alleged. Unled.
  • Regan v Commissioner of Police (NSWCATAD 2023): Cancellation of firearms licence. Cancellation overturned. Related criminal proceedings. Unled.
  • FSQ v Children’s Guardian (NCAT 2023): application for an enabling order and a working with children check clearance. Judgment reserved. Unled.

Employment

  • Wetzler v Australian Taxation Office [2024] FWC 492: Application for an unfair dismissal remedy- extension of time, applicant charged with murder – question of extraordinary circumstances, resignation tendered by attorney, delay, privilege against self-incrimination.
  • Carovska, in the matter of an application for an inquiry in relation to an election for offices in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch [2023] FCA 1129: Application for inquiry into elections for offices in an organisation registered under the Fair Work (Registered Organisations) Act 2009 (Cth) – allegation of irregularities –whether there are reasonable grounds for the application – inquiry ordered. Unled.
  • Power Ledger Pty Ltd v Griffiths (Federal Court 2023): General protections claim – adverse action. Appeal from decision of the Federal Circuit Court. Settled after hearing. Unled.
  • Thomson v Central Coast Sports College Limited (Fair Work Commission 2022): General protections claim. Settled. Unled.
  • Ryan Mount v Dover Castle Metals Pty Ltd and Ors, Fair Work Commission (C2021/2383): General Protections Claim, Jurisdictional objection – employee v independent contractor, appeared for the employee, jurisdiction found. Unled.
  • Roberts v Southern NSW Local Health District, NSW Industrial Relations Commission (NSWIRC 2021/00348772), Unfair dismissal, employee terminated due to covid-19 public health orders, employee claimed medical contraindication, appeared for the employee, settled. Unled.
  • McGuire v Hope Wine Group Pty Ltd, NSW Local Court (2020/00104431), Underpayment claim, construction of contract of employment, appeared for the employer, claim dismissed. Unled.
  • Caithness and Anor v Norman Investment Partners Pty Ltd and Anor Federal Circuit and Family Court (SYG482 of 2021), Claim for unpaid entitlements, appeared for employees, settled. Unled.
  • Guillem Mateo Vilanova v THA Creative Agency Pty Ltd (Federal Circuit and Family Court 2021): Underpayment claim, joinder application. Settled. Unled.
  • Boyle v Neira Pty Ltd (Fair Work Commission 2022): General Protections Claim concerning WHS issues, settled. Unled.
  • Tenhave v Seventh Day Adventist Schools (North New South Wales) Limited (Fair Work Commission 2021): General Protections claim; question of religious freedom; settled. Unled. 

Equity

  • G & H Australia Pty Ltd v Abidemi Timi Oladeinde NSWSC 2022: Breach of restraint of trade; interlocutory injunction ordered; final orders by consent (save for the issue of costs). Unled.
  • G & H Australia Pty Ltd ACN 634 181 810 v Oladeinde [2023] NSWSC 1006: COSTS – defendant agreed at last minute to orders as sought by the plaintiff – whether costs should follow the event
  • Graham v Cameron and Adjin (Supreme Court ongoing): Representative proceedings on behalf of deceased estate; claims against attorneys of deceased – lack of capacity, undue influence, unconscionable conduct, breach of fiduciary duties, constructive trust and fraud; freezing orders; bench warrant issued; probate claim; family provision claim. 
  • IFM Securities Pty Ltd v Pfister (District Court 2023): claims concerning the alleged misuse of confidential information by a former employee and independent contractor. Settled. Unled.
  • Michael John Porter v NSW Trustee and Guardian (Supreme Court 2022): Successful application for the plaintiff to be released from the control of the NSW Trustee and Guardian. Unreported or published. Unled. 
  • Josephine Lawson v Francesco Carioti (Local Court 2021): Claim in restitution concerning the failure to return a deposit paid for the anticipated purchase of real property. Appeared for the successful plaintiff. Unled.
  • Vonex Pty Ltd v Beagle Internet Pty Ltd (Local Court 2021): Claim in restitution concerning the supply of telecommunications and internet services. Settled after hearing. Unled.

General Crime

  • R v Willey (District Court 2023): Jury Trial, sentencing, historical sexual offences. Unled.
  • R v Macdonald (District Court 2023): Plea of guilty after late provision of brief materials; sentencing. Unled.
  • Police v Regan (Local Court 2023): Penalty Notices issued under the Firearms Act. Notices set aside. Related NCAT proceedings. Unled.
  • Nolan v R (District Court 2022): successful conviction appeal, make vexatious call to emergency services number, Local Court never had jurisdiction.
  • R v Kaivelata (District Court 2022): Armed robbery. Verdict of not guilty by reason of mental illness – joint Crown and accused application. Unled.
  • R v Khqustiaan [2022] NSWDC 128: Jury Trial; Sentencing – federal offence – use of carriage service to transmit child abuse material – consideration of Minehan factors – whether ‘exceptional circumstances’ arise which require offender’s immediate release on recognisance – Crimes Act 1914 (Cth) s 20(1)(b)(iii) – consideration of comparable cases. 
  • R v Khqustiaan, (Local Court 2022): Plea of guilty, supply prohibited drug (indictable quantity); Deal with proceeds of crime; full-time custody sought by CDPP; sentenced to an intensive corrections order. Unled.
  • R v O’Brien (District Court 2021): Trial by judge alone; sexual intercourse without consent; sexual touching; verdict of acquittal. Led by S Lawrence. 
  • R v Cotter (District Court 2021): Trial by judge alone; one count of assault occasioning death; verdict of acquittal. Led by S Lawrence. 
  • Police v Rahim (Local Court 2021): Plea of Guilty; holder of security licence; charges dismissed pursuant to s 10 of the Crimes (Sentencing Procedure) Act 1999. Unled.
  • DPP v King (Local Court 2021): Plea of guilty; supply of prohibited drug (commercial quantity); consideration of rehabilitation; sentenced to an Intensive Corrections Order. Unled.
  • Police v Mason (Local Court 2021): Plea of guilty; sexual touching; consideration of rehabilitation; sentenced to a Community Corrections Order. Unled.
  • Belan v Commissioner of Corrective Services and Anor [2020] NSWSC 1503: habeas corpus –  detention application not made by prosecutor – claim for habeas corpus – whether power to refuse bail in circumstances – consideration of Bail Act 2013. Unled.

Public Law

  • Commissioner of Police v Thomson [2020] NSWSC 1424: PUBLIC ASSEMBLY — Summary Offences Act 1988 (NSW) — Whether order pursuant to s 25(1) should be made prohibiting the holding of a public assembly — Balancing exercise between competing public interests. Unled.
  • Commissioner of Police v Samuel Holcombe also known as April Holcombe (on behalf of Community Action for Rainbow Rights) [2020] NSWSC 1428: PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW) – Whether order pursuant to s 25(1) of the Summary Offences Act 1988 (NSW) should be made prohibiting the holding of a public assembly. Unled.

Sports Law

  • Matter of Latu Fainu (NSW Rugby League Judiciary 2021): Plea of guilty to a dangerous throw; question of grading of charge; charge downgraded by judiciary from grade 2 to grade 1; player free to play (but retained carry over points).Unled. 
  • Liam Reddy v Central Coast Mainers FC Pty Ltd (FFA Disciplinary Committee Arbitration 2015): Player grievance concerning disciplinary action taken against him; powers of arbitral body in relation to the application. Matter determined on the papers. Unled as a solicitor advocate.

Work Health and Safety (including proceedings under the Heavy Vehicle National Law)

  • NHVR v Brimmer Pty Ltd (Local Court 2023): Plea of guilty, not comply with mass requirement – severe risk breach, prior offence, s 10 bond – no conviction recorded. Unled.
  • WorkCover v Desmond Long (Local Court 2014): Criminal proceedings under the Work Health and Safety Act; first time in New South Wales a court sentenced an offender under s239 and s241 of the Work Health and Safety Act (WHS undertaking and training order) as opposed to a fine. Unled as a solicitor advocate.
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