About Andrew Bailey

Andrew was admitted as a solicitor in 2002 in Queensland and in 2003 in New South Wales, with his name included on the High Court roll in August 2002. He was subsequently admitted to practice in New South Wales in July 2003.

Andrew practises primarily in commercial disputes and general equity matters with experience in bankruptcy/insolvency and construction litigation. Andrew also accepts instructions in wills and estates litigation – in contested probate and family provision proceedings. As an adjunct to his equity practice, Andrew takes instructions to appear and to advise in relation to legal costs disputes.

In previous years, Andrew has lectured for the College of Law. He also writes on a variety of topics for the Law Society Journal and he frequently presents as part of CPD programmes for the Law Society, for Legalwise and at other privately arranged conferences.

Experience

  • Junior Counsel, NSW Bar.
  • Solicitor – TressCox Lawyers (now HWLE Lawyers).
  • Solicitor – Church & Grace (now McLachlan Thorpe Partners)
  • Solicitor – Andrew Priestley & Associates (general commercial transactional and litigation experience – primarily in proceedings in Supreme Court of Victoria, Commercial Court).
  • Commercial Officer – Burns & Roe Worley (part of Worley Parsons).
  • Solicitor – Doyles Construction Lawyers.
  • Solicitor – Toogoods (Qld)
  • Committals Clerk – Director of Public Prosecutions (Qld).

Notable Cases

Publications

Bailey, A. “Rectification vs diminution: NSWCA clarifies consumer law damages” [in the construction law context], LSJ Online, 28 Nov 2025.
Castle, M. & Bailey, A. “Rewind: 2021 in costs”, Law Society Journal, February 2022.
Castle, M. & Bailey, A. “The pitfalls of pursuing bankruptcy on the basis of assessed costs”, Law Society Journal, August 2021.
Castle, M. & Bailey, A. “The law of costs: 2020 year in review”, Law Society Journal, December 2020.
Bailey, A. “Building and construction industry gets a new look security of payment regime”, Law Society Journal, Issue 61, November 2019, pg 76.
Bailey, A. “Amended security of payment regime set to bring more clarity to building and construction disputes”, Law Society Journal, Issue 53, March 2019, p.82.
Castle, M. & Bailey, A. “The costs of law: a look back at the stand-out cases of 2019”, Law Society Journal, Issue 62, December 2019, p 70.
Castle, M. & Bailey, A. “Chorley abolished! High Court has final say”, Law Society Journal, Issue 60, October 2019, p 68.
Castle, M. & Bailey, A. “Getting in on the ‘fruits of the action’: the power of the equitable lien”, Law Society Journal, Issue 47, August 2018, p.80.
Castle, M., & Bailey, A. “To sue or not to sue? That is the question”, Law Society Journal, Issue 44, May 2018, p.83.
Castle, M., Bailey, A. & Rosati, K. “Legal costs: grappling with the complexities in the Legal Profession Uniform Law”, Law Society Journal, Issue 43, April 2018, p.80.
Castle, M. & Bailey, A. “A practical guide to lump sum costs orders”, Law Society Journal, Issue 45, June 2018, p.82.
Castle, M. & Bailey, A. “You really got a hold on me… the power of the solicitor’s lien”, Law Society Journal, Issue 46, July 2018, p.86.
Castle, M. & Bailey, A. “Taking security for legal costs: lessons from Malouf v Constantinou”, Law Society Journal, Issue 48, September 2018, p.90.
Castle, M. & Bailey, A. “Limitation issues in solicitor/client costs”, Law Society Journal, Issue 50, November 2018, p.80.
Castle, M. & Bailey, A. “Reflecting on a costly year: key themes and future predictions”, Law Society Journal, Issue 51, December 2018, p.72
Castle, M. & Bailey, A. “Solicitor estopped from claiming fees: how did that happen?”, Law Society Journal, Issue 25, August 2016, p.78.
Johnson, J., Castle, M. & Bailey, A. “The Chorley Exception: Three Strikes and Out?”, Law Society Journal, Issue 24, July 2016, p.80.
Castle, M. & Bailey, A. “Yours, Mine or Ours? Access to a solicitor’s file when a retainer ends”, Law Society Journal, Issue 23, June 2016, p 88.
Castle, M. & Bailey, A. “Consequences of inaccurate costs estimates and negligently performed work”, Law Society Journal, Issue 22, May 2016, p84.
Castle, M. & Bailey, A. “Costs Assessments: Unravelling the mysteries of certificate judgments”, Law Society Journal, Issue 18, December 2015, p 94.
Castle, M. & Bailey, A. “Costs Assessments: Recent cases in the Court of Appeal”, Law Society Journal, Issue 17, November 2015, p84.

Education & Admissions


2014: called to the New South Wales Bar

2003 – 2005: Master of Laws (University of Sydney)

2003: admitted as a legal practitioner of the Supreme Court of New South Wales

2002: admitted as a solicitor of the Supreme Court of Queensland admitted as a legal practitioner in the High Court of Australia

1998 – 2001: Bachelor of Laws (Queensland University of Technology)

1994 – 1998: Bachelor of Arts (University of Queensland)

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