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.  Some of his current and past matters include:

  • Beame v Commissioner of Fines Administration (NSW Supreme Court): acting for persons challenging penalty notices issued to them for allegedly breaking COVID-19 restrictions, with the case resulting in the withdrawal of approximately 60,000 fines issued by the NSW Government during the pandemic, worth a combined value of 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, arising out of the Minister for Home Affairs refusing her a visa to visit Australia (led by P Herzfeld SC)
  • 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 the alleged defrauding of them by their financial advisor (unled)
  • 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)
  • Hanson v 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)
  • Hanson v Faruqi (Full Federal Court): acting for Senator Pauline Hanson in her constitutional challenge to s 18C of the Racial Discrimination Act (led by S Chrysanthou SC)
  • 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)

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, published findings from his experimental research in social psychology in the peer-reviewed Journal of Nonverbal Behavior and published an article on the doctrine of extended joint criminal enterprise in Melbourne University Law Review.

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 Honours from the University of Texas at Austin. At university, he won a number of academic prizes, including the Governor-General’s Prize in 2016.

Timothy Smartt