-
Senior Counsel
- John McCarthy QC
- David Bennett AC QC
- John Sheahan SC
- Gregory Burton SC
- Stephen Burley SC
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Junior Counsel
- Mark Boulton
- Jeff Kildea
- Michael Heath
- David Raphael
- Andrew Tokley
- Andrew Bulley
- David Chin
- Philip Carr
- Cynthia Cochrane
- James Gibson
- Elizabeth Raper
- Andrew Fox
- Julian Cooke
- Phoebe Arcus
- Matthew Lewis
- Dale Bampton
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Readers
- Alexander Flecknoe-Brown
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Chambers Manager
- Laura O'Loughlin
John McCarthy QC
+61 2 8815 9155
john.mccarthy@5wentworth.com
- Areas of practice
- Constitutional Law
- Commissions and Inquiries
Education
Mr John McCarthy QC was a student at the University of Sydney where he completed his Bachelor of Arts degree in 1968 and Bachelor of Laws degree in 1971 respectively. Mr McCarthy continued on to complete his Masters of Law degree at the University of Virginia in 1975.
Professional Career
Following his admission to the Bar in 1976, Mr McCarthy worked on a number of high profile cases and was appointed Queen’s Counsel in 1988. From 1995 to 2005 he served as a member of the Administrative Decisions Tribunal of New South Wales (Legal Services Division), the principal tribunal for complaints against legal practitioners.
Mr McCarthy is a BarADR approved arbitrator.
Reported Cases
Mr McCarthy has had a long connection with Aboriginal people. In the case of Mary Lou Buck on behalf of the Dunghutti People v New South Wales & Ors (Consent Determination) [1997] FCA 1624 (7 April 1997), Mr McCarthy was Senior Counsel for the Dunghutti people and the NSW Aboriginal Land Council. In the Federal Court proceedings, Mr McCarthy achieved for the Dunghutti people the first order for the determination of native title under the Native Title Act and on the Australian mainland. Also see Mumbler and Registrar of Aboriginal and Torres Strait Islander Corporations and Anor [2009] AATA 786 (14 October 2009)
Mr McCarthy’s work in the area of electoral law can be highlighted in his appearances in the High Court cases of Free v Kelly & Australian Electoral Commission (No 1) [1996] HCA 41 (1996) 138 ALR 646 (2 August 1996). Mr McCarthy represented the petitioner Jackie Kelly’s qualification for election in the seat of Lindsay. In Webster v Deahm [1993] HCA 38 (1993) 116 ALR 223; (1993) 67 ALJR 781 (30 July 1993), Mr McCarthy presented on the nature of electoral petitions. Mr McCarthy also appeared in R v Gray; Ex Parte Marsh [1985] HCA 67 (1985) 157 CLR 351 (17 October 1985) alongside David Bennett QC, which was a trade union case concerning the nature of campaign contributions.
In the case of Turnbull & Ors v NRMA [2004] NSWSC 577 (25 June 2004), Mr McCarthy made submissions regarding use of the court’s power to regulate Special General Meetings.
Mr McCarthy has also practiced in the area of asylum law. In the Federal Court case of Aala v Minister for Immigration & Multicultural Affairs [2002] FCAFC 204) Mr McCarthy represented Mr Aala, an Iranian citizen facing execution upon his return to Iran. Mr McCarthy successfully fought for a protection visa for Mr Alla and he is now an Australian citizen.
Memberships
Mr McCarthy has been a member of the St Thomas More Society since 1975, sitting on their Council from 1977 – 2004. He was President of the Society from 1993-2004.
Since 1988, Mr McCarthy has been a member of the Legal Aid Review Committee No. 1 as a nominee of the New South Wales Bar Association.
Mr McCarthy has a keen interest in sports, and since 1996 has been a trustee of the Sydney Cricket Ground and Sports Ground Trust as well as a member of the SCG Finance Committee. Mr McCarthy was appointed Olympic Attaché to the Republic of Tanzania by the National Olympic Committee for the 2000 Sydney Olympic Games, and he continues his relationship with Tanzanian athletes as Chairman of the John Stephen Akhwari Athletics Foundation.