Andrew Harding SCCONTACT DETAILS
Phone: (+61)(02) 9232 0023
Fax: (+61)(02) 9221 7183
Email Andrew Harding
Contact the Clerk
Silk: Appointed Senior Counsel 2020
Barrister: February 2004
Solicitor: June 1998
BCom LLB, University of New South Wales
- Intellectual property
- Corporations law
- Trade practices and competition
- Professional negligence
- Employment and industrial law
- Wills and probate
Andrew has a strong and diverse commercial and equity practice, predominantly in the Supreme Court of New South Wales, the Federal Court of Australia and their respective appellate courts but also in jurisdictions including the Supreme Court of Victoria and the High Court of Australia. Andrew regularly appears in commercial causes. Areas of focus include commercial contracts, equity and trusts, trade practices, corporations and real property. Andrew is also briefed to advise and appear in cases involving building and construction, restraints of trade, confidential information, professional negligence and banking and insolvency.
Prior to coming to the Bar in 2004, Andrew worked as a solicitor at Freehills in Sydney.
Recent cases in which Andrew has appeared or advised include:
- Consumer credit: acting for the Australian Securities and Investments Commission in a proceeding involving contraventions of the National Consumer Credit legislation (ASIC v Membo Finance Pty Ltd & Anor (Federal Court))
- Commercial leasing: Left Bank Investments Pty Ltd v Ngunya Jarjum Aboriginal Corporation  NSWCA 144 (appeal) and Left Bank Investments Pty Ltd v Ngunya Jarjum Aboriginal Corporation  NSWSC 1352 (first instance) – commercial leasing dispute involving an Aboriginal corporation and whether the parties had made an agreement for new lease.
- Commercial contracts/misleading and deceptive conduct: Complex proceedings in the Supreme Court of NSW involving a joint venture agreement and exploitation of a licence to commercialise a sustainable aquaponic food production system (Green Camel Pty Ltd v Urban Ecological Systems Ltd).
- Real property: Sandpiper Kooragang Pty Ltd v Fortis Products Pty Ltd  NSWSC 1256 (specific performance of a contract for sale); Wheatley v Kavanagh  NSWSC 1359; (2018) 19 BPR 38,691 (claim to enforce contract for sale of land; resulting trust). Andrew regularly advises and appears in matters relating to leases and contracts for sale of land.
- Building contracts: Carmelita Paolucci v Makedyn Pty Ltd  NSWSC 1871 (claim for specific performance). Andrew was also briefed in long-running proceedings in the Construction List of the Supreme Court of NSW involving a construction contract to build modular homes for a mining village (now settled, but see e.g. Steel Building Systems Pty Ltd (in liq) v Decmil Australia Pty Ltd  NSWSC 1645).
- Breach of fiduciary duties: Tonna v Mendonca  NSWSC 1849; Tonna v Mendonca (No 2)  NSWSC 306 (claims against an accountant for breaches of fiduciary duty, guarantees under the Australian Consumer Law and duties owed at common law).
- Shareholder disputes: McGuinness v Workplace Eye Protection Pty Ltd  FCA 626 – application for leave to bring a derivative action for contraventions of ss. 180(1) and 181(1) of the Corporations Act 2001 (Cth). Andrew is regularly briefed in shareholder oppression suits.
- Professional negligence: Ryan Wealth Holdings Pty Ltd v Baumgartner
 NSWSC 1502; (2018) 131 ACSR 236 (claim against auditors of a superannuation fund); Deep Investments Pty Ltd v Casey  FCA 603; (2018) 125 ACSR 564; Robinson v Deep Investments Pty Ltd  FCAFC 232; (2018) 364 ALR 305; Robinson v Deep Investments Pty Ltd (No 2)  FCAFC 50 (allegations of breach of fiduciary duty by a solicitor).
- Banking and finance: Burkett v Bendigo and Adelaide Bank Ltd (No 2)  VSC 723.
Other matters in which Andrew has advised or appeared include:
- claims for declaration of trust;
- restraint of trade matters;
- confidential information suits;
- proprietary/promissory estoppel cases;
- appointment of trustees for sale of jointly owned property;
- commercial list proceedings for conversion of assets;
- proceedings against a solicitor for knowing involvement in breach of fiduciary duty;
- oppression suits;
- applications by trustees for judicial advice;
- enforcement of equitable mortgages;
- inquiries as to damages;
- interlocutory applications including for injunctions, freezing orders, security for costs, stay pending appeal.