Andrew Smith


Called to the Bar: 20 April 2009

Areas of Practice

  • Commercial
  • Corporations
  • Equity
  • Insolvency
  • Tax / revenue
  • Trusts

Selected Decisions:

Calabretta v Redpen Developments Pty Ltd (In Liquidation) (Receivers and Managers Appointed)

Citation: (2010) 183 FCR 47; [2010] FCA 81
Description: Determination of validity of appointment of voluntary administrator in circumstances were sole director of company appointing voluntary administrator was an undischarged bankrupt. Decision- Appointment validated

In the Matter of Plaza West Pty Ltd (In Liquidation) (subject to a deed of company arrangement)

Citation: (2013) 93 ACSR 118; [2013] NSWSC 168
Description: Termination of winding up of a company following the entry by that company into a deed of company arrangement following appointment of voluntary administrator by liquidator of the company. Decision: Winding up of company terminated

Allianz Australia Insurance Limited v Vitale

Citation: [2014] NSWSC 364
Description: Proceedings seeking recovery of monies from persons associated with a company pursuant to deeds of indemnity granted by those persons in favour of Allianz as a condition of Allianz providing home building warranty insurance to a company undertaking residential building works and whether it was unconscionable for requirement by Allianz of provision of deeds of indemnity as a condition of granting home building warranty insurance. Held it was not unconscionable. Decision at first instance upheld on appeal: [2014] NSWCA 358

In the Matter of Featherston Resources Limited; Tetley v Weston

Citation: (2014) 288 FLR 265; (2014) 101 ACSR 394; [2014] NSWSC 1139
Description: Application by shareholders for leave to proceed in the name of a foreign registered company against directors and third parties were foreign registered company subject of external administration under Companies Act (NZ); Whether Part 2F.1A was applicable to registered foreign company. Held that is not. Whether Supreme Court can exercise inherent jurisdiction to grant leave to proceed in name of a company being externally administered pursuant to Companies Act 1993 (NZ). Held that no inherent jurisdiction is available where company being administered under Companies Act 1993 (NZ); Application of test for more appropriate forum pursuant to Trans-Tasman Proceedings Act 2010. Held High Court of New Zealand more approriate Court

In the Matter of Joe & Joe Developments Pty Ltd (Subject to a deed of company arrangement)

Citation: [2014] NSWSC 1444
Description: Application by shareholders of company subject to deed of company arrangement for orders pursuant to section 447E Corporations Act 2001

About Me

In 2009, Andrew was admitted as a barrister of the NSW Bar and commenced reading at University Chambers.

Andrew’s areas of practice are primarily corporate insolvency and commercial and equity litigation. Since his admission to the bar, Andrew has appeared in multiple jurisdictions including the Supreme Court, District Court and Local Court of New South Wales, Supreme Court and District Court of Queensland, Supreme Court and County Court of Victoria, Federal Court of Australia, Federal Magistrates Court and various federal and state Tribunals.