Dr Gillian Dempsey
LLB (Hons I), Grad Dip Higher Education, PhD (ANU)
M: 0407 466 006
E: gdempsey@qldbar.asn.au
Called to the Bar in 1999
Overview of Practice
Dr Dempsey practices in commercial litigation in Queensland, New South Wales and the ACT, predominantly in the following areas:
• Appellate & Constitutional
• Corporations, Bankruptcy & Insolvency
• Defamation & Media
• Intellectual Property and IT Law,
• Trade & Commerce and Competition Law
Dr Dempsey has more than 25 years trial and appellate experience, regularly appearing unled against Senior Counsel, predominantly in the Federal Court of Australia, Supreme Courts of Queensland and New South Wales. She is experienced in eCourt trials and appeals and on Commercial and Corporations Lists. Dr Dempsey is responsible for Defamation Cases being heard in the Federal Court through Crosby v Kelly (2012) 203 FCR 451; [2012] FCAFC 96 and for Real Property matters being accrued to the Insolvency Jurisdiction of the Federal Court through Barnden (Trustee), in the matter of Ross (Bankrupt) v Macedo (No 3) [2026] FCA 8.
Known for her exemplary cross-examination skills, with particular expertise in public examinations acting for liquidators and challenging the credit of lay and expert witnesses from various disciplines.
Appellate & Constitutional
Regularly briefed in appeals before the Full Federal Court and appeared in several High Court matters (both unled against silk and led by Walker SC). Experienced in Constitutional matters including Parliamentary Privilege and the scope of powers of Commonwealth agencies. Notable Constitutional cases:
• Alford v Parliamentary Joint Committee on Corp and Financial Services (2018) 264 CLR 289 – Parliamentary privilege – coercive powers of the Senate and its committees, unled against del Villar (now KC), and Attorney-General for the Commonwealth (Free SC) intervening
• Commissioner of Australian Federal Police v Hart (2018) 262 CLR 76, High Court appeal from (2016) 336 ALR 492; [2016] QCA 284 – federal Proceeds of Crime legislation, led by Walker SC, Attorney-General for the Commonwealth (Donaghue QC) intervening
• Crosby v Kelly (2012) 203 FCR 451; [2012] FCAFC 96 – established the jurisdiction of the Federal Court for hearing defamation claims; unled before Full Court and in High Court special leave hearing against McClintock SC, with the Attorneys-General for the Commonwealth (Howe QC), ACT (Garrison) and Northern Territory (Grant QC) intervening
Corporations & Insolvency
Regularly retained by liquidators to conduct public examinations and otherwise to advise on questions arising in winding up, including judicial directions and supervision. Currently retained for ASIC-funded public examination of major building company in Sydney including allegations of fraud and forgery of signatures on construction contracts and for bankruptcy trustee unwinding sham transactions involving real property and identity theft. Notable cases:
• Barnden (Trustee), in the matter of Ross (Bankrupt) v Macedo (No 2) [2026] FCA 8 – application by bankruptcy trustee for ex parte freezing orders against mortgagee
• Chen v College of Building Ltd [2015] ACTSC 19 – service of statutory demand
• Highup Pty Ltd (in liq) v Gubas (2014) 226 FCR 541; [2014] FCA 1170 – s 588FF voidable and uncommercial transactions
• Gosford Christian School Ltd v Totonjian (2006) 201 FLR 424; [2006] NSWSC 725 – validity of corporate resolutions, proper construction of constitution, exercise of powers under s 250D and effect of s 249B of the Corporations Act
Defamation & Media
Leading junior in defamation, regularly briefed to advise in relation to current and former Federal and State politicians and other public figures. Most defamation claims are (sensibly) resolved using the machinery of concerns notices and offers to make amends combined with mediation. Expertise on defamation involving information technology evidence including social media including Facebook, Twitter/X, TikTok and Youtube. Notable cases:
• Leyonhjelm v Hanson-Young (2021) 282 FCR 341; [2021] FCAFC 22 – malice, qualified privilege, Parliamentary privilege, implied freedoms; High Court special leave application
• Alford v Fairfax Media Publications Pty Ltd & Ors; Alford v Fraser & Ors – Federal Court claims against Sydney Morning Herald for series of articles about Retail Food Group (settled)
• Crosby v Kelly (2012) 203 FCR 451; [2012] FCAFC 96 (above)
Intellectual Property
Expertise in software copyright and other digital artefacts, including doctoral thesis “Knowledge and Innovation in Intellectual Property: The Case of Computer Program Copyright”. Experienced in appearing before IP Australia registrar disputes and appeals and Federal Court proceedings. Equitable remedies including passing off, breach of confidence and fiduciary duty.
• Watson as Trustee for Watson Family Trust v Lush Australasia Retail Pty Ltd (Federal Court, current) – claim for trade mark infringement by sale of Lush of “knot wraps”, cross-claim for removal or cancellation of trade mark, non-use, ownership, honest concurrent use, good faith
• Watson as Trustee for Watson Family Trust v Cosmetic Warriors Ltd (2022) 167 IPR 494; [2022] FCA 700, appeal from trade mark removal proceedings (2020) 156 IPR 126; [2020] ATMO 29 – alleged non-use of “Lush” clothing mark, challenges to ownership
• Jewelscan Pty Ltd v Phenix Jewellery Pty Ltd (2012) 98 IPR 487; [2012] ATMO 85 – trade mark opposition, bad faith, ownership
• Rimmington v Zen Do Kai Pty Ltd (2002) 57 IPR 127; [2002] ATMO 114 – trade mark opposition proceedings, whether mark “Zen Do Kai” distinguishes Karate
Trade & Commerce, Competition
Experienced in conducting trials and appeals in trading and commercial disputes, particularly misleading conduct claims and consumer protection provisions of the Australian Consumer Law, competition law under Part IV of the Competition and Consumer Act 2010 (Cth), as well as equitable remedies involving breaches of fiduciary duties by directors and trustees.
• Fletcher v Nextra Australia Pty Ltd [2015] FCAFC 52, appeal from [2014] FCA 399 – online blog article by director and co-owner of rival newsagency franchise group, whether publication of article on the blog was conduct in trade or commerce, whether misleading or deceptive or matters of opinion
• ACCC v TF Woolam & Son Pty Ltd (2011) 196 FCR 212; [2011] FCA 973, ACCC v TF Woollam & Sons Pty Ltd (No 2) [2011] FCA 1216 – Part IV civil penalty proceedings alleging collusive tendering practices in the Queensland building industry (led by Lilley SC)
• Walsh v Walsh [2012] NSWCA 57, appeal from [2011] NSWSC 271 – equitable estoppel and implied terms in relation to shares and associated water rights
• Khoury v Sidhu [2011] FCAFC 71 – whether a claim brought under the former s 87 of the Trade Practices Act 1974 was an apportionable claim; the Full Federal Court failed to decide the question, but my appeal point was later upheld: [2014] FCAFC 65
• Madison Constructions Pty Ltd v Empire Building Group (ACT) Pty Ltd (2012) 201 FCR 226 – misleading and deceptive conduct, passing off, injunction principles
• Ruaro v Holcomm Marine Pty Ltd [2008] FCAFC 174 (led by Applegarth SC) – appeal from Ruaro v Ferrari [2007] FCA 2022 (unled) – implied terms under s 74 Trade Practices Act, proper construction of mooring agreement, misleading conduct, negligence
Appointments
Director, Electronic Frontiers Australia
Professor, MIT Sloan School of Management & QUT Business School
Visiting Professor, Faculty of Law, University of Cambridge
Visiting Professor, College of Law, Arizona State University
Distinguished Visiting Professor, Faculty of Law, University of Toronto
Senior Lecturer, TC Beirne School of Law, University of Queensland
Lecturer, Faculty of Law, ANU