Stephen Free SC
Date of admission to the Bar
2006
Date of appointment as Senior Counsel
2018
Areas of practice
Stephen Free SC practises nationally, undertaking trial and appellate work in a wide range of areas in State and Federal courts and tribunals. He specialises in public and commercial law matters, including class actions, competition, civil penalty, planning and regulatory disputes.
Stephen has appeared in more than 20 appeals in the High Court across various fields. Significant constitutional matters include appearing for the Commonwealth in Kirk v Industrial Relations Commission and Williams v Commonwealth. Recent appeals include Birketu Pty Ltd v Atanaskovic (concerning recovery of costs) and Namoa v R (concerning criminal conspiracy between married accused).
In the recent matter of Berejiklian v ICAC, Stephen appeared for ICAC in the Court of Appeal defending judicial review proceedings brought by the former Premier. He appeared for the Electoral Commissioner in the Full Court of the Federal Court defending the “ticks and crosses” challenge brought by Senator Babet.
In the sphere of competition law, Stephen appeared for Apple in Federal Court proceedings brought by Epic Games, for NSW in ACCC v NSW Ports and for Singapore Airlines in the fuel surcharge proceedings brought by the ACCC. Significant environmental and planning appeals include appearing for the Bylong Valley Protection Alliance in Kepco Bylong v BVPA, for the successful appellant in Ku-Ring-Gai Council v Buyoza and for the Commonwealth in Minister for the Environment v Sharma.
Stephen has appeared for both applicants and respondents in a number of significant class action matters, including for Westpac in the High Court in BMW v Brewster, concerning the validity of common fund orders. He appeared for the successful applicants in the defective DPF class action against Toyota (Williams v Toyota) and in the Live Cattle class action (Brett Cattle Company v Minister for Agriculture). He also appeared for Volkswagen in its successful defence of the Takata Airbag class action. Stephen is briefed in ongoing class actions involving 3A composites (concerning combustible cladding), Jaguar Land Rover (concerning defective DPF systems) and Hyundai/Kia (concerning defective vehicle engines).
Other notable past matters include acting for former ICAC Commissioner, the Honourable David Ipp, in tort proceedings brought by Eddie Obeid and others; for Gai Waterhouse in racing tribunal proceedings; for David Hicks in proceeds of crime proceedings brought by the CDPP; for the Attorney General in judicial review proceedings arising from the Folbigg Inquiry; for CITIC in various proceedings against Mineralogy and Clive Palmer; and for a number of judicial officers in proceedings in the Judicial Commission of NSW.
Stephen has appeared in various Royal Commissions, Commissions of Inquiry and coronial inquests, including as Counsel Assisting the Royal Commission into Institutional Responses to Child Sexual Abuse. He appeared for the Commonwealth in the Royal Commission into Aged Care Quality and Safety, the Royal Commission into National Natural Disaster Arrangements and the Royal Commission into Defence and Veterans Suicide. Stephen also appeared for the NSW Rural Fire Service in a series of inquests and inquiries conducted by the State Coroner into the Black Summer bushfires.
Specific practice areas include:
- Administrative law
- Appellate
- Commercial & corporate law
- Commissions of Inquiry
- Constitutional law
- Coronial inquiries and tribunals
- Sports law
- Environment and planning law
- Trade practices, competition & regulatory law
Academic history
Stephen studied at the Australian National University on a National Undergraduate Scholarship, where he was awarded University Medals in Law and History. He continued his studies at Oxford University (Magdalen College) on a Commonwealth Scholarship, undertaking the Bachelor of Civil Law (BCL). Stephen was awarded the Vinerian Scholarship for the best performance in the BCL and went on to receive an MPhil (Distinction).
Sporting tribunal activities
Stephen has been a member of the Football Australia judiciary for the past 15 years. He has also chaired sporting tribunals for other sporting associations, including Basketball Australia and Football NSW. Stephen is a member of the panel providing pro bono representation for parties in the National Sports Tribunal. His own achievements on the sporting field peaked when he captained Magdalen College Oxford to a treble in 2001. He continues to don the boots for Bar FC and North Sydney United.