Qualifications
Bachelor of Arts, Australian National University
Bachelor of Laws, Australian National University
Graduate Diploma in Legal Practice, Australian National University
Professional experience
Tom Brennan is an experienced litigator practising in commercial, equity, administrative, insurance, regulatory and employment law. He is recognised in Best Lawyers as Australia’s leading barrister in civil aviation law and as Lawyer of the Year in Trade Law.
Tom appears at trial and appellate level in Federal and State jurisdictions including the High Court of Australia, Full Court of the Federal Court of Australia, Federal Court of Australia and State and Territory Supreme Courts and Courts of Appeal. He also appears in tribunals, such as the Fair Work Commission and Administrative Appeals Tribunal.
Tom’s chambers are equipped with high-quality audio-visual conferencing facilities for use in Court appearances, mediations and conferences. He accepts fully electronic briefs and is the author of the Guide to Preparing and Sending an Electronic Brief.
Prior to joining the Bar in 2006, Tom worked for 9 years as a senior executive in the Federal Government, including as Principal Advisor to a Deputy Prime Minister and for a further 7 years as a Partner at national law firm, Corrs Chambers Westgarth. He is the former Chair of 13 Wentworth Chambers and holds a Bachelor of Laws and Bachelor of Arts from the Australian National University in Canberra. Tom has 10 years’ experience as a public company director.
Membership
Law Council of Australia, Trade Practices Committee
Law Council of Australia, Civil Litigation Section
Law Council of Australia, International Law Section
Australian Institute of Administrative Law
Recent Cases
Dnata Airport Services Pty Ltd v Polar Air Cargo Worldwide Inc [2026] NSWCA 105 – INTERNATIONAL ARBITRATION — arbitration agreement — stay of proceedings under s 7(2) of the International Arbitration Act 1974 (Cth) — interpretation of tiered dispute resolution clause in IATA Standard Group Handling Agreement — whether an agreement to agree — whether “the dispute” referred to substantive dispute or dispute as to arbitral process — no mandatory referral to arbitration AVIATION — interpretation of tiered dispute resolution clause in IATA Standard Group Handling Agreement
Harlow v Harlow [2026] FedCFamC1A 67 Appeared for a Respondent to an appeal to the Full Court of the Circuit and Family Court against dismissal of a claim by a child of the marriage to intervene in matrimonial property proceedings between a widow and the husband’s estate – child seeks to bring various state law succession and property claims in federal jurisdiction – constitutional scope of matrimonial causes – accrued jurisdiction
Patrick v Secretary, Department of Climate Change, Energy, the Environment and Water (No 2) [2026] FCA 642 acting for applicant to Full Court for review of decision concerning exemption under Freedom of Information Act 1982 “founded on a breach of confidence”– extent of obligations of confidence between Government Business Enterprise and its Minister and portfolio Department – Constitutional limits on executive capacity to enter into obligations of confidence
Royal Embassy of Saudi Arabia Cultural Mission v Saleh [2025] FCAFC 184; 313 FCR 325; [2024] FWCFB 372 – Appeared for Saudi Arabia on its claims to diplomatic and foreign state immunity from unfair dismissal claims
Coulson Aviation v Techfuel Pty Ltd [2025] NSWCA 211 – Contracts — construction — written contract for supply of aviation fuel and services for aerial fire fighting — aircraft supplied to third parties pursuant to separate contracts — whether contract automatically terminated when contract with third parties came to end — whether obligations under contract automatically ceased when contract with third parties came to end — contract permitted termination for convenience — respondent entitled to liquidated fee if contract terminated for convenience within 100 days of “start of the fire season” — construction of “start of the fire season”
DHI22 v Qatar Airways Group QCSC (No 2) [2025] FCAFC 92; [2024] FCA 351; [2023] FCA 616 – Appeared for the Qatar Civil Aviation Authority on its claim to Foreign State Immunity from proceedings for personal injury alleged to have occurred at an airport in Qatar
Warren v Chief Executive Officer, Services Australia [2024] FCAFC 73; [2023] FCA 1337; [2022] AATA 4191 – appeared for Applicant in AAT (over 6 days) and before Full Court (in 3 day appeal) seeking access under the Freedom of Information Act 1982 to various business cases concerning the Robodebt scheme. Where respondent’s case varied during closing address without fair notice to the applicant and without affording a reasonable opportunity to respond – held those matters caused practical injustice in the circumstances – construction of the Cabinet document exemption at s 34(3) of the FOI Act – meaning of “contains information the disclosure of which would reveal a Cabinet deliberation or decision” and “unless the existence of the deliberation or decision has been officially disclosed” – appeal allowed and matter remitted for rehearing
CCU21 v Minister for Home Affairs [2024] FCAFC 69; [2023] FCAFC 87, 297 FCR 503; [2022] FCA 28 – Appeared for the Applicant/Appellant having set aside a decision to refuse to revoke a visa cancellation following the issue of an adverse security assessment by ASIO
Publications Available for Download
Recent Developments in Australian Law on Carriers’ Liability
07/05/2026
Address to the Administrative Appeals Tribunal on the occasion of its final sitting
11/10/2024
The Administrative Review Tribunal as a response to the Robodebt scandal
15/03/2024
Aviation Regulation and Work Health & Safety – a paper presented to the 39th Annual conference of the Aviation Law Association of Australia & New Zealand
04/05/2023
The High Court Of Australia Construes The Cape Town Convention
25/03/2022
The Law and Lore of Workplace Bullying
04/03/2022
Recent Developments in Employment Law
23/02/2022
13/02/2020
The Ups and Downs of Aviation Litigation
24/10/2019
Recent Developments in Employment Disputes: Emphasising the Law of Contract
18/03/2016
11/11/2015