Some of the commercial, employment and industrial cases I have been involved in since 2003 are below:
West Gate Bridge industrial dispute: Junior counsel before Jessup J at interlocutory stages (with Nick Green Q.C) and trial/penalty hearing (with Richard Maidment S.C). Williams v AMWU [2009] FCA 86; Williams v AMWU (No. 2) [2009] FCA 103; John Holland Pty Ltd v AMWU(2009) 174 FCR 526; [2009] FCA 235 (as Intervener); Williams v AMWU [2010] FCA 754. See my Article: "Bridging the jurisprudential gap", Law Institute Journal July 2011 page 50 (LIJ 85.07).
Baulderstone Qld Pty Ltd v CFMEU [2012] FCA 520 (Dowsett J) Junior counsel with N.Green Q.C seeking injunctions – industrial action - failure of subcontractors to attend work – picketing by union organisers – union aiding abetting counselling or procuring a ban imposed by sub-contractors – coercion of principal contractor to agree to enter building enterprise agreement on union’s terms – injunctions granted - BCII Act 2005.
Cozadinos v CFMEU & Bell [2012] FCA 46; Director, Office of Fair Work Building Industry Inspectorate v CFMEU [2013] FCAFC 8; Cozadinos v CFMEU [2013] FCA 1243. Junior counsel for ABCC over five years: Conducted s 52 BCII Act compulsory examination of the victim of coercion and discrimination who feared reprisals by the union; Advice to ABCC that there were reasonable grounds to commence proceedings; Drafted pleadings and proceedings were issued based on my advice; Appeared at mediation – no settlement; Junior counsel in five day Federal Court trial before Gray J - with R.Maidment S.C for ABCC alleging threat to take action to coerce or apply undue pressure to a contractor to make an enterprise bargaining agreement, and discrimination in contravention of BCII Act 2005 and claim for compensation under the BCII Act – proceedings dismissed; Junior counsel with J.Bourke Q.C in appeal proceedings to Full Federal Court – appeal successful – retrial ordered on two grounds: failure to take into account the cumulative effective of corroborative evidence; and incorrect application of the rule in Browne v Dunn; After negotiations, contraventions admitted by union and organiser; Appearance before Tracey J at penalty hearing. See my Article: “Credibility, corroboration and the cumulative effect in fact finding”, Law Institute Journal September 2013.
Southern Ocean Pty Ltd v Sugar Australia Pty Ltd [2015] VCC 428: Thirteen day trial before Kennedy J (led by M.Rinaldi) – Acting for plaintiff - Contract – termination – whether plaintiff entitled to termination payments in lieu of notice under contracts or whether defendant entitled to terminate without notice for summary misconduct – allegations of fraud and overcharging dismissed – judgment for plaintiff.
Fair Work Ombudsman v Soleimani [2014] FCCA 2380 – Penalty hearing for agreed contraventions of General Retail Award 2010, pre-Modern Award and Fair Work Act re underpayment of minimum wages, weekend penalty rates and overtime rates and other allowances.
Taj v Western Health (No 2) [2014] FCA 339, Bromberg J: General Protections claim that did not properly disclose the causes of action relied upon by the Applicant struck out with costs pursuant to the Fair Work Act.
Avagiannis v Commercial Bedding Supplies (Australasia) Pty Ltd [2012] VCC 1866 (Ginnane J) Four day County Court trial: Employment contract - whether an oral term that employment would be at particular store – found to be a term - store not opened – repudiation – damages – reasonable notice of termination– performance bonus – loss of a chance – mitigation of damages.
Conlon v Anthony Dickinson t/as Raylook Pty Ltd [2012] FWA 7989 - Unfair dismissal, redundancy held not to be a sham.
Manson v Village Vet [2011] FWA 3541 - unfair dismissal application - Small Business Fair Dismissal Code - employer summarily terminated employee after forming view she would have committed theft of goods from clinic - employee not honest when questioned about goods in her possession - application dismissed.
Mimi v Millennium Developments Pty Ltd & Ors [2003] VSC 260 - Supreme Court injunction proceedings acting for vendor of land in a priority dispute between first and subsequent purchaser.
Other cases involved in:
Just Better Care Australia Pty Ltd v Skilled Disability Support Services Pty Ltd (2016) Supreme Court proceedings (led by TJ.North Q.C) defending claims by franchisor against former franchisee entity and guarantors alleging breach of restraint of trade clause in franchise agreement and use of intellectual property and confidential information in setting up competing business post-expiry of franchise agreement term; claiming loss of profit damages for further terms; counterclaim by franchisee against franchisor of breaches of Franchising Code of Conduct.
The Optimise Group Pty Ltd v HIS Research & Development Pty Ltd (2008) – 10 day Supreme Court trial before Kyrou J (led by TJ North QC) re a development contract for conversion and/or development of a totally new software product for the hospitality industry from a DOS environment to a Windows environment.
Victorian Workcover Authority v Windsor Hotel (2005) led by T. Tobin S.C successful defence at trial of three charges under the Accident Compensation Act 1985 for alleged termination of an employee because of lodgment of a Workcover claim, including obtaining a costs order of $65,000 against the VWA.
Macquarie Leasing Pty Ltd v Foley & Evans (2003) Four day County Court trial (Dyett J) enforcing hire purchase agreement against guarantors that claimed estoppel by representation defences, and four other proceedings enforcing hire-purchase agreements and sale agreements on behalf of Macquarie Leasing Pty Ltd.
