Henry El-Hage

Admission Date

• Called to the Bar: May, 2009
• Admitted to practice: August, 2003

Qualifications

• BCom (finance)/LLB (Hons) Macquarie University

Previous Employment

• Solicitor Advocate, commercial law group, Crown Solicitor’s Office.
• Senior Solicitor, constitutional law group, Crown Solicitor’s Office.
• Associate to the Hon. Justice B J Tamberlin, Federal Court of Australia.
• Part-time lecturer in law.

Areas of Practice

Henry appears regularly in all Courts and Tribunals, including the High Court, New South Wales Supreme Court (including Court of Appeal and Court of Criminal Appeal), Federal Court, District Court, Local Court, Land and Environment Court and the Administrative Decisions Tribunal.

Areas of practice include:

• Appellate
• Administrative and public law
• Building and construction law
• Commercial and corporate
• Constitutional law
• Contract
• Environment, planning and property law
• Equity and trusts
• Insolvency and bankruptcy
• State and federal revenue law
• Trade Practices and competition

Publications and presentations

• Anonymity of internet users overcomes monopoly of intellectual property owners (2004) 10(8) Privacy Law & Policy Reporter, 147 (co-author).
• Agency law – an overview of some of the principles, Consumer, Trader & Tenancy Tribunal, Members’ Conference, Sydney, 1 June 2007.
• The new Commonwealth Personal Properties Securities legislation and its impact on State agencies, Crown Solicitor’s Office, commercial law seminar, 20 August 2008.
• 2008 year in review – revenue law cases decided by the Administrative Decisions Tribunal and Supreme Court, Office of State Revenue, seminar, 30 March 2009.
• Examining Liability for Contaminating a 3rd Party's Land, Legalwise Seminars, Sydney, 22 November 2011.

Recent cases Henry has appeared in:

• Insight Vacations Pty Ltd v Young [2011] HCA 16 - question of whether State law picked up and applied as surrogate federal law.
• Hoxton Park Residents' Action Group Inc. v Liverpool City Council (No 2) [2011] NSWCA 363 - validity of State and Commonwealth legislation having regard to ss. 96, 106, 116 and 128 of the Commonwealth Constitution.
• Special Commission of Inquiry into the Electricity Transactions - 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 (counsel assisting).
• Australians for Sustainable Development Inc v Minister for Planning [2011] NSWLEC 33 - judicial review of the Minister’s approval of two major projects under Pt 3A of EPA Act at the Barangaroo Site.
• Alpine Accommodation Nominees v Chow & Anor [2010] NSWSC 768 - application under s. 500(2) of the Corporations Act 2001 for leave to proceed against a company in liquidation.
• R v El Helou, El Helou v R [2010] NSWCCA 111 - question of inconsistency under s. 109 of the Constitution & incompatibility with the exercise of judicial power of the Commonwealth.
• Zurich Australia Insurance Limited v Motor Accidents Authority of NSW & Ors [2010] NSWSC 214 - judicial review of a motor accidents claim assessment.