BlackBay Lawyers pursues Justin Carroll, Yianni van Gelder seeking return of information and devices

A prestigious Sydney defamation law firm is pursuing a former partner and junior employee in the NSW Supreme Court as the pair seem set to establish a rival firm.

BlackBay Lawyers' managing partner Victoria-Jane Otavski depicted with former employee Yianni van Gelder (right).

A prestigious Sydney defamation law firm is pursuing a former partner and a junior employee in the NSW Supreme Court seeking the production of electronic devices and confidential information as the pair seem set to establish a rival firm.

BlackBay Lawyers, led by managing partner Victoria-Jane Otavski, have launched action against former staffers Justin Carroll and Yianni van Gelder for the return of confidential information and delivery of computers, phones, and electronic devices for forensic analysis.

A website associated with a contact email address supplied for Mr Carroll has shed some light on the stoush – with Mr Carroll and Mr van Gelder seemingly going into business together.

The site bears a logo reading “Carroll van Gelder Lawyers” with contact details and a Sydney CBD office address.

Mr Carroll was appointed as a partner at BlackBay in 2023, while Mr van Gelder used his tenure at the firm to develop a tool called “DefamationAI”, “designed to assist the public in identifying potential defamation”.

Former BlackBay Lawyers partner Justin Carroll.

In the Supreme Court, BlackBay has also sought to have Mr Carroll restrained from “approaching any director, senior employee or contractor … with the purpose of enticing that person to leave their employment or engagement” with BlackBay.

BlackBay is also seeking to restrain Mr Carroll from “soliciting, canvassing or accepting any approach from any person or entity” who was a BlackBay customer for the year to February 16, 2025.

Yianni van Gelder.

The firm will likewise seek to restrain Mr Van Gelder from the same activities, or from engaging in any business that directly competes with BlackBay until May 16 this year.

Coincidentally, Mr Van Gelder is separately set to defend five domestic violence charges including choking and assault causing actual bodily harm at a hearing at Downing Centre Local Court on the same day.

BlackBay is seeking damages, or an account of profits, interest, costs and any other relief deemed appropriate by the court.

It is a stark departure from the far cheerier circumstances of Mr Carroll’s original engagement with the firm in 2023.

BlackBay Lawyers' managing partner Victoria-Jane Otavski.

BlackBay Lawyers' managing partner Victoria-Jane Otavski.

In an announcement of his appointment, Mr Carroll was described as having practised in Australia, the Middle East and the UK with a specialty in commercial litigation, public and professional liability, insurance coverage issues, defamation, and employment law.

“BlackBay is a young and dynamic firm with a no-nonsense approach to litigation,” Mr Carroll said at the time.

“Its commitment to working with the commercial realities that clients face and to ensuring client outcomes align perfectly with my own approach to the practice of law.”

The matter is next listed for directions in the NSW Supreme Court on March 25.

On the firm’s website, Ms Otavski is said to be one of “Australia’s premier litigators” with more than two decades of practice.

“She has become the first point of contact for many of Australia’s well-known, high-profile corporations and individuals seeking exceptional legal representation across a broad range of legal issues,” the website states.

“Additionally, she has been recognised by Best Lawyers as one of Australia’s leading Media & Defamation Lawyers for both 2023 and 2024.”

In a statement, Ms Otavski said parties had resolved a number of substantive matters and there would be no further comment while the matter remained before the court.

Mr Carroll and Mr van Gelder echoed those sentiments in a joint response.