Henry Gallagher
Henry is a disputes solicitor practising in commercial, taxation and appellate litigation.
Henry has acted for leading companies in finance, insurance, entertainment, oil and gas and mining, across a range of commercial disputes and regulatory investigations involving ASIC, APRA, AFCA and the ATO.
Background
Henry holds an Australian practising certificate (New South Wales) and registration to practise in federal courts. He is an editor of the Butterworths Corporation Law Bulletin.
Before joining Herbert Smith Freehills, he served as tipstaff to the Honourable Arthur R Emmett AO KC in the Court of Appeal and Equity Division of the Supreme Court of New South Wales.
He graduated from the University of Sydney with a combined Bachelor of International and Global Studies and Bachelor of Laws (Honours).
Experience & expertise
Selected matters
Henry’s litigation experience includes representing:
- BT Funds Management Ltd in securing Supreme Court approval under s 249E of the Crimes Act 1900 (NSW) to perform a successor fund transfer. This was the first application of its kind in Australia.
- CBA in defending a major class action relating to disclosures regarding compliance with Australian AML/CTF legislation.
- Tabcorp Holdings in obtaining preliminary discovery against a major online bookmaker in relation to potential litigation over its retail wagering business.
- MetLife Insurance in its successful Full Court appeal on the proper interpretation of s 1053 of the Corporations Act 2001 (Cth).
- HCF Life in defending civil penalty proceedings brought by ASIC in relation to the terms of its consumer insurance products.
- Terra Carbon in defending proceedings in the Federal Court alleging misuse of trust property in connection with carbon credit methodologies.
Henry’s experience in regulatory and taxation matters includes:
- Advising finance companies and individuals in relation to ASIC investigations concerning alleged breaches of corporate laws.
- Advising several major finance companies in relation to contentious issues before AFCA including allegations of systemic issues.
- Century Mining in a royalty dispute in the Queensland Supreme Court.
- Advising a major mining company in relation to the validity of royalty regulations.
