• Appellate
• 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).

Select recent cases include the following:

• Weston Aluminium Pty Limited v Environment Protection Authority [2021] NSWLEC 131 – unled, appearing for the EPA (judicial review proceedings involving complex questions of construction under legislation governing the operation of Waste facilities).

• Anastasia Kalathas v 89 Ebley Street Pty Limited [2021] NSWSC 490 – unled, appearing for the plaintiff (proceedings involving a contractual dispute, the application of the principle in Flight v Booth and a purchaser’s entitlement to terminate a Sale of Land Contract). 

• Taylor v Council of the Law Society of New South Wales [2020] NSWCA 273 – unled, appearing for the Law Society (an appeal from a decision of the NSW Civil and Administrative Tribunal dealing with the Tribunal’s jurisdiction and the construction of parts of the Legal Profession Act 2004 (NSW)).

• Alajmi v Macquarie University [2019] NSWSC 1026 – unled, appearing for Macquarie University (proceeding involving a challenge to  action taken by the University relating to the thesis of a PHD student).

• Church of the Foursquare Gospel (Australia) Ltd v New Hope Church Swansea Inc [2019] NSWSC 519 – unled, appearing for the Attorney General of NSW (a charitable trust matter involving the transfer and use of trust property).

• Commissioner for Fair Trading v Digital Marketing and Solutions Pty Ltd (ACN 614 430 983) trading as Android Enjoyed and Camerasky & Anor [2019] NSWSC 370 – unled, appearing for the Commissioner (an enforcement case concerning various breaches of the Australian Consumer Law).

• KinCare Community Services Limited v Chief Commissioner of State Revenue [2019] NSWSC 182 – led by R Seiden SC (and with T Russell as second junior), appearing for the Commissioner (a case arising under the Payroll Tax Act 2007 (NSW), with the central issue being whether, in the context of complex corporate structures and relationships, the plaintiff was a non-profit organisation).

• Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 4) [2018] FCA 1651 – led by Lloyd SC, appearing for Hytera Communications (a case dealing with the question whether foreign laws can operate to preclude an order for discovery by an Australian Court).

Henry’s practice also includes advising and appearing for various government and private clients in disputes involving the following areas of law:

• Contractual disputes;
• Planning matters;
• Regulatory matters (both State and Federal);
• Insurance disputes;
• Competition law;
• Disputes under the Corporations Act, including winding up proceedings and matters involving banning orders against directors;
• Professional disciplinary matters;
• Construction and property disputes, as well as valuation disputes;
• Employment disputes;
• Federal and State taxation disputes;
• Criminal matters, including environmental prosecutions, water prosecutions, 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 continues to present guest lectures) 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.