Adam Smyth


Adam maintains a broad-based civil and commercial practice. Whilst he takes a special interest in company law, trusts, succession & probate, and regulatory compliance across the building & construction industry, he appears in and advises on a more general variety of matters before the courts & tribunals in NSW and other Australian jurisdictions, both at first instance and on appeal.

Before he came to the Bar, Adam gained a solicitor’s formative experience in overseas practice with a number of international law firms, advising on corporate governance, anti-money laundering, competition law and financial services regulatory compliance issues, with a focus on the (re)insurance industry.

In particular, Adam practised for several years as a registered foreign lawyer in Hong Kong. Having worked with Chinese counsel on a variety of matters during that time, he boasts fluency in Mandarin Chinese (繁體简体皆可) and enjoys applying his language skills to the task at hand.


Admitted as an Australian lawyer in February 2015.

Admitted as a solicitor of the Senior Courts of England and Wales in November 2015 (non-practising).

Called to the NSW Bar in May 2021.


Law Society of England & Wales.

ABA Australian Bar Association Ltd.

The New South Wales Bar Association.

Selected cases

O’Donnell v O’Donnell (No 2) [2023] NSWSC 1196 (mixed family provision and de-facto family law issues at trial – jurisdiction cross-vested from ACT Supreme Court and from Family Court – construing certain final FamCA orders made by consent prior to judgment – appropriacy of final orders)

Pauperis v Pauperis [2023] NSWSC 1136 (Deed of Settlement and Release affecting a party under a legal incapacity – approval under s 76(3) of the Civil Procedure Act 2005 (NSW))

Freedom Development Group Pty Ltd v D’Ettorre Properties Pty Ltd t/as D’Ettorre Real Estate (No 2) [2023] NSWCA 185 (application to vary costs orders made by Court of Appeal – reasonableness of declining to accept Calderbank offer and UCPR 20.26 offer of compromise)

Sun v Pager [2023] NSWSC 732 (application for interlocutory mandatory injunction – tantamount to final relief sought by the originating process – gross sum costs order)

Rove Estate Pty Ltd atf Lane Cove Estate Trust v Chomp Excavations & Demolition Pty Ltd (No 2) [2021] NSWSC 1124 (application for leave to amend pleading on second day of trial) … (No 3) [2023] NSWSC 274 (substantive judgment – trespass to land) … (No 4) [2023] NSWSC 380 (judgment on costs – issues under UCPR 42.34)

Bear v Bear; Jordan v Bear [2022] NSWSC 1687 (testatrix made multiple wills and allegedly a collateral testamentary promise – principles regarding rectification – executor’s renunciation – appropriacy of grant of probate to certain executrix’s attorney – approval of settlement agreement)

Lee v YOUth OK Pty Ltd [2022] NSWSC 1356 (commercial lease termination – damages for repudiatory breach – cross-claim pleading frustration and seeking restitution and damages for statutory misleading/deceptive conduct dismissed – impact of certain COVID-19 regulations)

Paul v Satici [2022] NSWSC 922 (family provision – adequacy of provision made by a will for the proper maintenance, education or advancement in life of an adult child of the testator – breadth of discretion as to quantum)

In the matter of Caernarvon Canobolas Pty Ltd (in liq) [2022] NSWSC 382 (appeal against liquidators’ decision to admit proof of debt under s 90-15 of the Insolvency Practice Schedule)

Armouti v Nenes [2022] ACTCA 3 (family provision – relevance of considerations pertinent to an “adult child”)

Wang v Cai [2021] NSWSC 1162 (application for production of trust documents & information – intersection of fiduciary obligations of disclosure, discovery, interrogatories, and remedies under the Corporations Act 2001 (Cth)) … (No 2) [2021] NSWSC 1268 (judgment on costs)

Alexakis v Wan and anor [2021] NSWCA 172 (Law Society standard-form contract for sale of land – construing conditions as to time for payment of deposit by instalments)

1190 Pacific Highway Pty Ltd v Link Start Pty Ltd [2021] NSWSC 671 (application to extend caveats under s 74K of the Real Property Act 1900 (NSW))


Bar News (, Autumn 2023 (with F F F Salama) – ‘Building work’ under Part 4 of the Design and Building Practitioners Act 2020 (NSW): François Salama and Adam Smyth report on Roberts v Goodwin Street Developments Pty Ltd [2023] NSWCA 5


Curriculum Vitae

Contact Information