Henry El-HageCONTACT DETAILS
Phone: (+61)(02) 9232 8085
Fax: (+61)(02) 8023 9547
Email Henry El-Hage
CLERK: Bob Rymer
Phone: (+61)(02) 9232 4016
Email Bob RymerDownload Case List
Barrister: May 2009
Solicitor: August 2003
- Administrative and public law
- Building and construction law
- Commercial and corporate law
- Constitutional law
- Contract law
- Environment, planning and property law
- Equity and trusts
- Family Provisions
- Insolvency and bankruptcy
- Insurance matters
- Native Title
- State and federal revenue law
- Trade practices and competition
Henry El-Hage is a barrister on 12 Wentworth Selborne Chambers with a broad practice in commercial, constitutional and administrative law matters. Henry also accepts briefs in criminal matters. His clients include Commonwealth and State Departments, regulatory authorities and agencies, multinational corporations, private companies and businesses, as well as individuals.
Henry appears regularly in all Courts and Tribunals, including the High Court, New South Wales Supreme Court (including the Court of Appeal and the Court of Criminal Appeal), Federal Court, Federal Circuit Court, Fair Work Commission, District Court, Local Court, Land and Environment Court, Administrative Appeals Tribunal and the NSW Civil and Administrative Tribunal (NCAT).
His recent cases includes the following:
New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act  HCA 50 - On 14 December 2016, the High Court dismissed an appeal by the New South Wales Aboriginal Land Council, concerning a land claim under the Aboriginal Land Rights Act. The proceedings raised issues regarding the construction of that Act and the scope of State Executive power. Mr H El-Hage appeared for the respondent, led by M G Sexton SC, Solicitor-General for the State of New South Wales.
CEPU v Queensland Rail  HCA 11 – led by senior counsel, appearing for the plaintiffs (a case dealing with the central attributes of a corporation within s. 51(xx) of the Commonwealth Constitution and whether Queensland Rail is a trading corporation within that head of power).
Insight Vacations Pty Ltd v Young  HCA 16 - led by the Solicitor General of NSW, appearing for the Attorney General of NSW (whether State law is picked up and applied as surrogate federal law).
ASE16 v Australian Securities and Investments Commission  FCA 321 - led by senior counsel, appearing for the Applicant (a test case involving a question regarding ASIC's powers under s. 206F of the Corporations Act 2001).
University of New South Wales International House Ltd v University of New South Wales  NSWSC 1709, appearing for the Attorney General of NSW (proceedings giving rise to general trust and charitable trust issues).
O'Flaherty v City of Sydney Council & Anor  FCAFC 56 ("Occupy Sydney" case) - led by Senior Counsel, appearing for the City of Sydney (whether the prohibition against staying or camping overnight in certain areas with Martin Place infringed the freedom of political communication implied under the Commonwealth Constitution).
Golden v V'landys  NSWSC 1709 - appearing for Racing NSW (challenge to revocation of training licence and decision to exclude the plaintiff from racecourses; allegation of misfeasance in public office).
KPMG v Burrup (see Saraceni v Jones  WASCA 59) - led by Senior Counsel, appearing for KPMG (question of whether the issue of an examination summons at the request of a company receiver and the concomitant compulsory examination involves an exercise of Commonwealth judicial power).
Hoxton Park Residents Action Group Inc v Liverpool City Council  NSWSC 136 – appearing for the State of NSW (validity of Commonwealth legislation having regard to ss. 96 and 116 of the Commonwealth Constitution).
Maxwell James Anthony Connery v Williams Business College Limited & Anor  NSWSC 154 - appearing for the Attorney General of NSW (proceedings concerning the validity of a provision of a will and the application of a cy-pres scheme to a charitable trust)
Special Commission of Inquiry into the Electricity Transactions (2011), junior counsel assisting (Inquiry into (i) the sale of electricity assets by the NSW Government in 2010 and (ii) options for future action with respect to the electricity sector in NSW in the context of the National Electricity Market).
Sanofi-Aventis Australia Pty Limited v Minister for Health  FCA 1420, led by Senior Counsel, appearing for Sanofi-Aventis (challenge against decisions made by the Minister for Health concerning medicines regulated under the Pharmaceutical Benefits Scheme).
Southern Cross Airports Corporation Pty Ltd v Chief Commissioner of State Revenue (Supreme Court of NSW, proceedings resolved before the completion of a 12-week trial) – led by Senior Counsel, appearing for the Chief Commissioner of State Revenue (complex dispute as to whether land rich duty was payable on the sale of Sydney Airport in 2002, having regard to the relative value of the Airport land and non-land assets).
Australians for Sustainable Development Inc v Minister for Planning  NSWLEC 33 – led by Senior Counsel, appearing for the Minister for Planning (judicial review of the Minister’s approval of two major projects under Pt. 3A of the EPA Act at the Barangaroo site).
Henry’s practice also includes advising and appearing for various government and private clients in disputes involving the following areas of law:
- Contractual disputes;
- Insurance disputes;
- Competition law;
- Disputes under the Corporations Act;
- Construction and property development disputes, as well as valuation disputes;
- Employment disputes;
- Federal and State taxation disputes;
- Disputes arising under the Federal PBS regime; and
- Alleged criminal conduct, such as assault and possession of prohibited weapons.
Before coming to the Bar, Henry was a solicitor advocate. He has previously lectured in law on a part time basis and worked as an Associate to a Federal Court Judge.
For information about Henry's cases, click here.
Judicial review proceedings - practical tips, State Legal Conference, Sydney, 27 August 2014.
Caveats - principles and practical tips, CLE Seminar, Far South Coast Law Society, Moruya, 15 March 2014.
Proportionate liability & property damage - practical tips and considerations, Hicksons Lawyers seminar, Sydney, 14 August 2013.
Judicial review proceedings - practical tips, 12 Wentworth Selborne Chambers Seminar Series, Sydney, 13 June 2013.
State of mind waiver of Privilege, Holding Redlich, Sydney, 20 September 2012.
Examining liability for contaminating a 3rd party's land, Legalwise Seminars, Sydney, 22 November 2011.
2008 year in review – revenue law cases decided by the Administrative Decisions Tribunal and Supreme Court, Office of State Revenue, seminar, 30 March 2009.
The new Commonwealth Personal Properties Securities legislation and its impact on State agencies, Crown Solicitor’s Office, commercial law seminar, 20 August 2008.
Agency law – an overview of some of the principles, Consumer, Trader & Tenancy Tribunal, Members’ Conference, Sydney, 1 June 2007.