Sam Duggan

Fourth Floor Selborne Chambers Barrister Sydney Commissions of Inquiry Sam Duggan

Admission Dates:

Solicitor: 2000
Barrister: 2004


LLM (Syd)

Sam Duggan has broad experience appearing as counsel in commercial disputes, arbitrations and commissions of inquiry.

Sam appears often in the Supreme Court in building & construction, insolvency and corporations law matters and has appeared in many hearings in the criminal courts in relation to summary and indictable offences.

Select cases and appearances:

* Denotes led by Senior Counsel

Inquiries & Inquests

Royal Commission into Institutional Responses to Child Sexual Abuse:

Case Studies 28 (Ballarat) and 35 (Melbourne): Appeared for Cardinal George Pell AC (2015-16)

* Case Study 50 (Catholic Church): Appeared for Truth Justice and Healing Council (2017)

Operation Spicer – ICAC inquiry into illegal political donations – Appeared for The Liberal Party of Australia (NSW Division), its registered Party Agent and Country Vice President (2014)

Hon Bergin SC Inquiry into RSL NSW under Charitable Fundraising Act – Appeared for former director and chairman of LifeCare (2017)

Racing NSW Stewards’ Inquiry relating to use of cobalt on thoroughbred racehorses – Appeared for manager of veterinary clinic (2015)

Coronial Inquests appearing for persons of interest

Operation Estry – ICAC inquiry into Corrective Services officers dishonestly exercising official functions in relation to assault of prisoner  – Appeared as Counsel Assisting (2018)


Constitutional & Public Law

* Re Nash (No 2) [2017] HCA 52 (Constitution, s 44)

Scevola v Minister Administering National Parks and Wildlife [2018] NSWCA 171 (Compulsory acquisition)

Halaka v Liberal Party of Australia NSW Division [2016] NSWSC 1620 (Procedural Fairness)

Esposito v Commonwealth (2015) 328 ALR 600 (Constitution, s 51(xxxi))

* State of NSW v Wheatley [2018] NSWSC 178 (Electoral Law; Political Campaign Funding)


Criminal Law

R v Mahe [2017] NSWDC (Crimes Act 1900, s 61I)

Aram v Owners of Strata Plan [2012] NSWSC 1220 and 1273 (contempt of court)

R v Wagner [2012] NSWDC (special hearing under mental health legislation)

R v Meigan [2010] NSWDC (robbery in company – Plea)

R v Wheatley [2008] NSWDC (wounding in company)

R v Kumar [2008] NSWDC (robbery in company – Plea)

R v Fraser [2006] NSWDC (wounding with intent)


Commercial & Equity

EcoFood v ProPac [2017] NSWSC 913 (contract)

* Hart Security v Boucousis (2014) 102 ACSR 557 and (2016) 339 ALR 659 (director’s duties)

* Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd [2015] NSWCA 1 (contract)

* Monster Energy v Whincup & Red Bull [2013] NSWSC 87 (specific performance)

Ken Wolf Real Estate Pty Ltd v OHalloran [2012] NSWSC 993 (real estate agency contract)

* IPN Medical Centres (NSW) Pty Ltd v Idoshore Pty Limited [2008] FCAFC 163 (sale of business)


Building & Construction

* Home Site v Nahas [2017] NSWSC 698 (delay & defects)

Colin Joss & Co v Cube Furniture P/L [2015] NSWSC 725 and [2015] NSWSC 829 (commercial arbitration)

Laoutaris Constructions v Newskey Investments [2013] NSWDC (contract)


Bankruptcy & Insolvency

In the matter of Bevillesta CreditorsTrust [2013] NSWSC 162 (trusts)

Twynam Agricultural Group v Feldman [2013] FCCA 1923 (bankruptcy)

* KSE v Pham (2013) 92 ACSR 691 (limitation period)

* KSE v Pham [2013] NSWCA 93 (amendment; leave to appeal)

* KSE v Pham (2012) 90 ACSR 554 (amendment)

Savage v Bianchino & Associates [2011] NSWSC 140 (statutory demand)

* NA Investments v Perpetual (2010) 79 ACSR 544 (construction of facility agreement; statutory demand)

* Cussen v Sultan (2009) 74 ACSR 496 (uncommercial transactions)


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.





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