Timothy Smartt

Admitted to Bar: 2021

Licensee Since: 2022

Administrative, Public & Constitutional

Admiralty & Maritime

Arbitration

Class Actions

Commercial

Common Law

Consumer Protection

Corporations

Criminal

Insurance

Tim accepts briefs in all areas of law.  Before coming to the Bar, Tim was tipstaff to the Hon Justice Brereton AM RFD of the Supreme Court of NSW, the Associate to the NSW Attorney General and a solicitor in the commercial litigation team at Corrs Chambers Westgarth. He has also lectured criminal law at the University of Sydney and published findings from his experimental research in social psychology in the peer-reviewed Journal of Nonverbal Behavior.

Tim holds a Juris Doctor from the University of Sydney, and a Bachelor of Science (Psychology) and Bachelor of Arts (Economics and Plan II Honours) with Highest Honors from the University of Texas at Austin. At university, he won a number of academic prizes, including the Governor-General’s Prize in 2016.

Some of his current and past matters at the Bar include:

  • Brendan Beame v Commissioner of Fines Administration (NSW Supreme Court): acting for the plaintiffs in the test case that ultimately led to the withdrawal of every COVID-19 penalty notice issued in NSW during the pandemic (approximately 60,000 fines, worth about $55m) (led by K Richardson SC)
  • Candace Owens Farmer v Minister for Home Affairs (High Court): acting for an American political commentator in her constitutional challenge to a provision of the Migration Act based on the implied freedom of political communication (led by P Herzfeld SC)
  • Pauline Hanson v Brian Burston (Full Federal Court): acting for Senator Pauline Hanson in her successful defence of defamation proceedings, in which she proved that the applicant senator had sexually abused a staffer in his office (led by S Chrysanthou SC)
  • Pauline Hanson v Mehreen Faruqi (Full Federal Court): acting for Senator Pauline Hanson in her constitutional challenge to s 18C of the Racial Discrimination Act in a case against another senator (led by S Chrysanthou SC)
  • Heston Russell v ABC (Federal Court): acting for an Australian platoon commander in successful defamation proceedings against the ABC for falsely accusing him of involvement in war crimes (led by S Chrysanthou SC and N Olson)
  • John Zandona & Ors v Charter Financial Planning Ltd & Ors (Federal Court): acting for retirees in their claims that various financial advisory firms are liable for their losses caused by their financial advisor allegedly defrauding them (unled)
  • Jacob Hersant v R (Victorian County Court): acting for the first person convicted of the Victorian offence prohibiting the performance of the Nazi salute in his appeal against his conviction and his constitutional challenge to the law (unled)
Timothy Smartt