Elly Phelan

Admitted to the Bar 2021

Elly has a broad practice with specialist expertise in commercial litigation, domestic and cross-border insolvency, and white collar crime.

Elly has appeared both led and unled in the Supreme, District and Local Courts of New South Wales including in contested interlocutory and final hearings.

Since her call to the Bar, Elly has been briefed in cross-border insolvency cases, class actions, and fraud cases for both the Crown and defence.  Elly has also acted for the Commonwealth of Australia in whistleblower and insolvency matters.

Prior to her call to the Bar, Elly was a Federal Prosecutor in the Commercial, Financial and Corruption branch of the Commonwealth Director of Public Prosecutions, and a solicitor at Gilbert + Tobin.  Elly has a decade of experience in boutique and national firms in Brisbane and Sydney.

Elly currently serves on a number of professional bodies:

  • New South Wales Bar Association New Barristers Committee (Co-Chair)
  • New South Wales Bar Association Diversity and Equality Committee
  • Law Council of Australia Young Lawyers Committee

Elly holds a Bachelor of Laws with First Class Honours, a Bachelor of Politics, Government and International Relations, and has completed Advanced Certification in Insolvency with the Australian Restructuring Insolvency and Turnaround Association.

Selected cases:

  1. 1Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2023] NSWCA 134 (Bell CJ, Meagher JA and Kirk JA), led by Emma Beechey [application for foreign state immunity upheld on appeal].
  2. Application by SCS Super Pty Limited atf Australian Catholic Superannuation and Retirement Fund [2022] NSWSC 686 (Hallen J), led by Dominique Hogan-Doran SC [application for judicial advice].
  3. In the matter of Hydrodec Group Plc [2021] NSWSC 755, led by Emma Beechey [successfully opposed an order for recognition of a UK moratorium proceeding under the UNCITRAL Model Law on Cross-Border Insolvency].
  4. In the matter of Hydrodec Group Plc (No 2) [2021] NSWSC 1491, led by Emma Beechey.
  5. Perpetual Trustees Victoria Limited v Babasa [2021] NSWSC 1062.

Elly Phelan

Delivery Address: Level 6, 99 Elizabeth Street NSW 2000

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