Adrian is a specialist in the area of dispute resolution and commercial litigation.
Adrian assists clients with the resolution of a broad range of disputes, including breach of contract, negligence actions, property disputes, insurance claims, trade practices claims, debt recovery, criminal law and work health and safety.
Adrian has had a diverse, international career, spanning Australia, the UK and Ireland. He has worked in both the private and public sectors. Recognised as an authority on employment issues, Adrian was seconded for a period to the Legal Department of the WorkCover Authority of New South Wales.
Adrian has also gained wide commercial experience, advising on a broad spectrum of law, and is able to use that experience to approach cases in a practical, constructive and balanced way.
Adrian is committed to social justice and serves on a number of community organisations, including:
- Member of the Advisory Board of The Little Sisters of the Poor;
- Member of Stella Maris College;
- Member of Mount St Benedict College.
Community Organisations:
- Member of the Executive Board of Charingfield Ltd, a Not for Profit aged care facility;
- Member of the Advisory Board of The Little Sisters of the Poor;
- Member of Stella Maris College;
- Member of Mount St Benedict College
Adrian has conducted a number of notable cases including Inspector Campbell -v- Hitchcock a prosecution under the Occupational Health and Safety Act undertaken on behalf of the WorkCover Authority of New South Wales.
Adrian is a NSW Law Society Accredited Specialist in Commercial Litigation.
Adrian has a Bachelor of Economics from the University of Sydney and a Bachelor of Laws (Hons) from the University of Wollongong. Adrian was admitted as a Solicitor of the Supreme Court of NSW in 1997. Adrian joined Carroll & O'Dea in 2000 and became a Partner in 2004.
Areas of Practice:
- Commercial litigation and dispute resolution
Publications:
- Claims of self-incrimination by sole director in response to an order for production issued to a company
Published 20 Jan 2014
The sole director of a one person corporation will encounter obstacles when objecting to the production of documents by that corporation on the basis that it would be incriminatory of that director. The production is by the person as an agent of the company, not on his or her own behalf. If the director fears self incrimination, it is open to him or her to take steps to have the company appoint some other proper officer for the purpose of compliance with the Order for Production.
- Time Limitation Claim for Equitable Relief (For Breach of Fiduciary Duty)
Published 10 Jan 2014
The Supreme Court of NSW, Court of Appeal (Beazley P, Basten JA and MacFarlan JA) delivered its decision in the case of Cassegrain v Gerard Cassegrain & Co Pty Ltd [2013] NSWCA 454 on 18 December 2013.
- CLAIM FOR INTEREST UNDER SECTION 57 OF THE INSURANCE CONTRACTS ACT 1984 (CTH)
Published 05 Dec 2013
Practitioners acting in relation to a claim made by an insured pursuant to an insurance contract (or under the Insurance Contracts Act 1984 (Cth) (“ICA”)) may find the Judgment of Hislop J in Thompson v NSW Land and Housing Corporation (No 3) [2013] NSWSC 1658 of interest. Carroll & O’Dea acted for the insured (Pestkil) in the Supreme Court of New South Wales proceedings.
- Judgment Enforcement Options
Published 15 Oct 2013
If you have received a Court judgment for a specific monetary sum in your favour, the judgment debtor usually has 28 days in which to pay to you the judgment debt. In the event that payment of the judgment debt is not made, you may need to take steps to enforce the judgment against the judgment debtor (noting that in New South Wales you usually have 12 years to enforce the judgment against the judgment debtor).
- Lodgment of Caveats
Published 15 Oct 2013
If you have an estate or interest in land, and you wish to be able to protect that interest, in some circumstances consideration might be given to whether there is a caveatable interest.
- Calculating Damages for Termination of Contract - Lunchtime Seminar - Tuesday 19 February 2013
Published 18 Feb 2013
Matthew Gywnne, Adrian O'Dea & James Mitchell come together to discuss how a recent decision in the Supreme Court of NSW Court of Appeal has crystallised the law in NSW on how to treat overhead expenses when calculating expectation damages where a fixed term contract for services has been wrongfully terminated.
- Note on the ‘implied undertaking’
Published 19 Nov 2012
It is important that parties in litigation and/or their legal representatives are aware of the ‘implied undertaking’ not to use documents received in proceedings for an ulterior purpose. In essence, this involves a requirement to be open and honest.
- Interest on Costs
Published 19 Nov 2012
- Business Matters Newsletter - June 2012
Published 27 Jun 2012
Welcome to the first edition of ‘Business Matters’, a newsletter for Carroll and O’Dea business clients and friends.
- Calculating Damages for Termination of Contract
Published 27 Jun 2012
A recent decision in the Supreme Court of NSW Court of Appeal has crystallised the law in NSW on how to treat overhead expenses when calculating expectation damages where a fixed term contract for services has been wrongfully terminated.
- COMMERCIAL LITIGATION AND DISPUTE RESOLUTION
Published 07 Jan 2011
January 2011
Key Professional Achievements:
- Adrian has a Bachelor of Economics from the University of Sydney and a Bachelor of Laws (Hons) from the University of Wollongong.
- Adrian was admitted as a Solicitor of the Supreme Court of NSW in 1997.
- Adrian joined Carroll & O’Dea Lawyers in 2000 and became a Partner in 2004.
- Adrian is a NSW Law Society Accredited Specialist in Commercial Litigation.