5 Wentworth

Professional career

Mr Bulley was a Solicitor and then Senior Associate at Ebsworth & Ebsworth, where he worked in the litigation department for ten years. During that time he worked in nearly all aspects of the firm’s litigation practice. Specifically, his experience in litigation included contracts of insurance, professional indemnity, transport and commercial litigation.

Principal Areas of Practice

Since coming to the Bar, Mr Bulley has appeared in a variety of jurisdictions, for parties in a wide range of matters. He is briefed by a variety of solicitors’ firms including large firms in the Sydney CBD as well as small firms and sole practitioners outside the CBD and in country NSW.

His practice now involves a wide range of commercial and equity matters and Mr. Bulley has also appeared for parties in insolvency and bankruptcy, trade practices, property and estate litigation.

In more recent times Mr. Bulley has also appeared in appellate matters in the New South Wales Court of Appeal and in the Supreme Court.

Selected cases

General Commercial

In GE Commercial Corporation (Aust) Pty Ltd v Mell Associates Pty Ltd & Ors [2009] NSWSC 787 Mr Bulley appeared as junior counsel on behalf of a Plaintiff financier who successfully established title to a large number of caravans and motor homes pursuant to the terms of a Romalpa retention of title clause of the kind considered in Aluminium Industrie Vaasen BBV v Romalpa Aluminium Ltd [1976] 2 All ER 552. In May 2010 Mr Bulley again appeared as junior counsel (with Gregory Burton SC) on behalf of the successful Respondent when the appeal was dismissed in LMC Caravans GmbH + Co KG v GE Commercial Corporation (Australia) Pty Ltd [2010] NSWCA120.

In Kennett v Industrial Court of NSW (2010) 199 IR 235; [2010] NSWCA 307 Mr. Bulley appeared for the successful second and third defendants in long-running industrial proceedings in which the Court of Appeal, exercising it’s supervisory jurisdiction, ultimately found that the Full Bench of the Industrial Court had not committed any relevant jurisdictional error.

Mr Bulley appeared on behalf of the successful Respondent in Itaoui v Yamaha Motor Finance Australia Pty Ltd [2009] NSWSC 1363 in which the Supreme Court dismissed an appeal from Local Court proceedings in relation to an alleged conversion and wrongful detention of a number of motorcycles.

Mr Bulley appeared in Carbotech-Australia Pty Ltd v Yates [2008] NSWSC 1151 in which the Supreme Court considered whether client legal privilege attached to communications made for the purpose of carrying out a criminal or fraudulent activity and where such privilege could be lost, namely, where the client possessed the relevant purpose of which the lawyer was unaware.

Mr Bulley acted as junior counsel for the opponent in Harris v Digital Pulse Pty Ltd [2003] 44 ACSR 390 heard in the New South Wales Court of Appeal. This case dealt with whether an award of exemplary damages was available in equity for breach of fiduciary duty.

In New South Wales v Austeel Pty Ltd [2003] NSWSC 1077 the Supreme Court had to urgently consider the proper construction of a dispute resolution clause contained in a contract for large steel plant to be constructed on behalf of the NSW State Government.

Corporations Law

In Supreme Court proceedings in the matter of Reavill Farm Management Pty Ltd (2010/107119, unreported, 7 October 2010) Mr. Bulley successfuly appeared as junior counsel for a party seeking to set aside a Statutory Demand under s459G of the Corporations Act, 2001 (Cth). That decision also considered at length the requirements for proper verification of a Statutory Demand.

In Demlakian Engineers Pty Ltd v Priority Plus Capital Pty Ltd [2009] NSWSC 155 Mr Bulley also successfully appeared on behalf of the plaintiff in a case in which the Supreme Court set aside a statutory demand under s459G of the Corporations Act 2001 (Cth).

Mr Bulley appeared in the complicated matter of Surf Road Nominees Pty Ltd v James [2004] NSWSC 61 involving the enforcement of guarantees and allegations of breach of fiduciary duties and oppressive conduct under the Corporations Law arising out of the operations of a real estate agency.

Trade Practices

In the case of Thomas v Foreshore Marine Exhaust Systems Pty Ltd (2006) ATPR 42-100 [2005] NSWCA 451, the New South Wales Court of Appeal considered the standard of proof applicable to a claim in negligence and under the consumer protection provisions of the Trade Practices Act in respect of a faulty marine muffler.

Mr Bulley acted for the first defendant in Boral Formwork & Scaffolding Pty Ltd v Action Makers Ltd (in receivership) (2003) ATPR 41-953 [2003] NSWSC 713. This matter involved an allegation of unconscionable conduct under the Trade Practices Act arising out of a seller under a supply agreement demanding full payment on a letter of credit without making an allowance for defective goods.

Wills and Probate

Mr Bulley also has experience in the area of wills and probate.

In Smith v Daniels and Anor [2010] NSWSC 604 Mr Bulley appeared on behalf of the deceased’s estate in a complex set of proceedings involving a claim made under the Family Provision Act, 1982 brought against the background of a winding-up of a partnership business operated by the claimant and the deceased.

The case of Button v Lynch [2002] NSWSC 1148 also concerned an application for family provision by an adult daughter and adult grandson, pursuant to the provisions of the Family Provision Act, and the competing claim of a widower of the deceased.

Publications and Presentations
Mr Bulley was co-author, together with Keith Mason QC and Professor John Carter, of the Restitution title published as part of Halsbury’s Laws of Australia by Butterworths. Mr Bulley also assisted in the preparation of Restitution Law in Australia, the first textbook to be published in Australia on the law of Restitution.

In 2010 and 2011 Mr. Bulley gave presentations as part of the City of Sydney Law Society’s Continuing Professional Development Programme on topics including setting aside Statutory Demands and Solicitors’ obligations in dealing with Counsel’s Advice.

Memberships
Mr Bulley was involved in the Duty Barrister Scheme conducted by the NSW Bar Association from 1997 to 2002 and was a member of the Bar Association’s Alternative Dispute Resolution Committee for three years until 2009.

Mr Bulley has been a Director of Counsel’s Chambers Limited since 2007.