Sam Duggan is a versatile barrister with experience appearing in commercial disputes, the criminal courts and commissions of inquiry.
Prior to coming to the bar Sam was an insolvency litigator in a large commercial law firm. Sam is often briefed in corporations law, director’s duties and building & construction disputes. More recently Sam has been briefed by the Commonwealth DPP in the areas of White Collar crime, Counter-Terrorism and money laundering. He accepts briefs in criminal matters to appear for both prosecution and defence.
Sam often represents clients in high profile cases. He appeared for Cardinal George Pell AC during the Royal Commission into Institutional Responses to Child Sexual Abuse, cross examining all relevant witnesses on behalf of Cardinal Pell and also adducing evidence from him. He has appeared for the Liberal Party of Australia (NSW Division) in a number of cases ranging from an ICAC inquiry into unlawful political donations to pre-selection and branch disputes in the Supreme Court. Sam has appeared as Counsel Assisting at ICAC inquiring into an inmate assault and its cover up by senior ranking officers of Correctives Services NSW.
Select cases and appearances:
Eco–Food v Pro–Pac  NSWSC 913 (Sale of Business)
Colin Joss & Co v Cube Furniture Pty Ltd  NSWSC 725 and  NSWSC 829 (Commercial Arbitration)
Ayers Rock SkyShip Pty Ltd v Voyages Indigenous Tourism Australia Pty Ltd  NSWSC 828 (Contractual Termination)(led by Allan Myers AC QC)
Owners of Strata Plan v Trustees of the Roman Catholic Church  NSWCA 89 (Building & Construction)(led by Ashhurst SC)
Hart Security v Boucousis (2016) 339 ALR 659 and (2014) 102 ACSR 557 (Director’s duties; Corporations Law)(led by Bret Walker SC)
Home Site v Nahas  NSWSC 698 (Building & Construction)(led by Ashhurst SC)
Constitutional and Public Law
Timothy James v Felicity Wilson  NSWSC 17 (Pre-Selection for seat of North Shore)
Esposito v Commonwealth (2015) 328 ALR 600 (Constitution, s 51(xxxi))
Scevola v Minister Administering National Parks and Wildlife  NSWCA 171 (Compulsory acquisition)
Halaka v Liberal Party  NSWSC 1620 (Administrative Law; Associations)
Re Nash (No 2) (2017) 92 AJLR 23 (Constitution, s 44)(led by Arthur Moses SC)
State of NSW v Wheatley  NSWSC 178 (Electoral Law; Political Campaign Funding)(led by Arthur Moses SC)
Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd  NSWCA 1 (Contract Law) (led by Bret Walker SC)
Elmir v R  NSWCCA 19 (Counter Terrorism)(led by Trish McDonald SC)
Parker v R  NSWCCA 206 (Drug importation; co-incidence evidence)
Walsh v R  NSWCCA 182 (conspiracy to import cocaine; sentencing appeal)
Oliver v R  NSWCCA 26 (Severity appeal; Money Laundering)
McGlone v Director of Public Prosecutions (Cth)  NSWCCA 99 (Release application)
R v Moudasser Taleb  NSWSC 720 (Counter Terrorism)(led by Trish McDonald SC)
Inquiries & Inquests
Operation Estry (Appeared as Counsel Assisting) – ICAC inquiry into Corrective Services officers dishonestly exercising official functions (2018)
Royal Commission into Institutional Responses to Child Sexual Abuse: Case Studies 28 (Ballarat) and 35 (Melbourne): Appeared for Cardinal George Pell AC (2015-16)†
Operation Spicer – ICAC inquiry into illegal political donations – Appeared for Liberal Party of Australia (NSW Division), its registered Party Agent and Country V.P. (2014)
Inquiry into RSL NSW – Appeared for former director and chairman of LifeCare (2017)
Racing NSW – Stewards’ Inquiry re use of cobalt with thoroughbreds – Appeared for manager of veterinary clinic (2015)
† Led by Myers AC QC in application to appear from Rome via video-link. Otherwise appeared as lead counsel in all public hearings and in making submissions.