Jason Strachan

Level 11 5 Martin Place Sydney NSW 2000 Australia
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Jason Strachan is a counsel in our dispute resolution practice

Jason is a counsel in our Sydney office specialising in public and administrative law, and acts for major public and private sector clients in contentious judicial review and constitutional law challenges.  He has an extensive public law advisory practice covering administrative law, statutory interpretation, legislative drafting and legislative policy development, freedom of information, and public sector probity law.  Jason has been ranked in the "Best Lawyers"  rankings for 2019-20 in the area of Constitutional Law – one of only 16 lawyers nationally and one of only 4 solicitors. 

Jason has acted in some of the country's leading public law cases, including: 

  • Acting for NewsCorp Limited, the publisher of the Sunday Telegraph, and its political editor Ms Annika Smethurst, in their High Court challenge to raids by the Australian Federal Police at Ms Smethurt's property, including a constitutional challenge on implied freedom of political communication grounds (ongoing).
  • Securing a major out-of-court settlement in a constitutional challenge to charges imposed on major infrastructure providers.
  • Successfully defending the constitutionality of legislation which ousted judicial review of Ombudsman reports in the NSW Court of Appeal and in discontinued High Court proceedings (acting for the NSW Ombudsman's office)  – a leading decision in this area – see Kaldas v Barbour (2017) 350 ALR 292; Kaldas v Barbour [2016] NSWSC 1880
  • Successfully defending the charity arm of the NSW Returned and Services League (RSL) before a special inquiry investigating allegations of serious misconduct within the RSL.
  • Successfully defending the validity of a report of the NSW Independent Commission Against Corruption (ICAC) into official corruption concerning the Mt Penny mining tenements, and successfully defending related misfeasance in public office claims (acting for ICAC) in the NSW Supreme Court – see Obeid v Ipp (2016) 338 ALR 234
  • Successfully challenging the validity of warrants executed by the Australian Federal Police concerning alleged proceeds of crime payments to Schapelle Corby (acting for Channel Seven, New Idea, and Addisons Lawyers) in the Federal Court – see Seven West Media v Commissioner, Australian Federal Police (2014) 223 FCR 103 

Jason also acts represents clients in major commercial litigation.

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