WORKPAC PTY LTD V ROSSATO [2021] HCA 23

The interesting aspect of the High Court’s reasoning is the insistence on the primacy of binding contractual promises as an indicator of the character of the employment, rather than unenforceable expectations or understandings, or the parties’ wider relationship. The absence of enforceable promises of continuing employment indicated casual employment.  This is an important statement of the law and the judicial function.

Brett Walker SC, Ian Neil SC, David Chin SC and Christopher Parkin represented the appellant.

Reasons for the decision can be found here.

Jabbcorp (NSW) Pty Ltd v Strathfield Golf Club [2021] NSWCA 154

CONTRACT – construction – design and construct contract – contractor claimed additional payment for works required pursuant to development consent – whether works were “Excluded Works” – significance of definition commencing “Notwithstanding any other clause” – significance of grammatical meaning of clause – clause required to be read as a whole, harmoniously with other provisions in contract.

David Rayment and Andrew Smorchevsky represented the Respondent.

Reasons for the decision can be found here.

COVID-19 Vaccinations: Managing Workplace Risks.

The Law Institute of Victoria will be hosting a webinar on COVID-19 Vaccinations: Managing Workplace Risks. With the phased rollout of COVID-19 vaccinations underway, business leaders and employees alike are turning their minds to what this means for them and their workplace. As the vaccine becomes widely available across age groups and workplaces seek to manage their risk and their employees’ exposure to COVID-19, multi-dimensional issues arise requiring a balanced consideration of the health and safety duties of employers and the rights of employees.

Ian Neil SC will be presenting in this webinar, along with Zana Bytheway - Executive Director of Jobwatch, Kate Sheridan - Principal Director of Sheridan Legal and Omro Alansari - Group Legal Counsel of ACE Contractors Group Pty Ltd. 

The session will offer an interactive Q&A opportunity focusing on the most topical and complex questions in this area, including the issue of mandatory vaccinations.

Please click here to register for the session and/or forward this event within your network of practitioners who may like to attend.

NSW Bar Association committees 2021/22

The President of the NSW Bar Association, Michael McHugh SC has announced the appointment of Bar Association committees for 2021-22.

This year the Bar Council has approved the creation of two new committees, the International Committee and the Succession and Elder Law Committee. The new committees formally come into effect on Monday, 12 July 2021.

Congratulations to the following members on their committee appointments.

Tim Castle SC – Wellbeing Committee

David Rayment – Professional Conduct Committee #4

Lisa Doust – Professional Conduct Committee #4

Michael Seck – Industrial Employment Health and Safety Committee

Alexander Flecknoe-Brown – Practice Development Committee

Kirralee Young – Succession & Elder Law Committee

Dr Stephen Tully – Diversity and Equality Committee

Madeleine Bridgett – Human Rights Committee

Please click here to view the President's announcement of the membership lists for the Bar Association’s 2021/22 committees.

Martin Watts joins 6 St James Hall

6 St James Hall Chambers would like to welcome Martin Watts. Martin specialises in employment law and industrial relations, as well as work health and safety, anti-discrimination law and administrative law.

With over a decade of experience, Martin has regularly conducted litigation in all courts and tribunals in his chosen fields. He is also regularly called upon to provide practical and commercial advice to clients requiring assistance.

Welcome Martin!

Temporary Travel Ban on Australian Citizens in India

6 St James Hall Counsel, Dr Christopher Ward SC represented Mr Newman before the Federal Court on Monday, 10 May 2021, against the Government’s temporary ban on citizens entering Australia from India.

Mr Newman’s case was mentioned in The Sydney Morning Herald.

CHAMBERS AND PARTNERS RANKING FOR EMPLOYMENT BAR 2021

 Ian Neil SC and Michael Seck have been ranked in the Chambers and Partners Employment Bar 2021 - Band 1 throughout Australia and Asia-Pacific.

 

Ian Neil advises and appears for leading law firms throughout Australia for clients in mining and resources, building and construction, banking and finance, industry, and government. A focus of Ian’s practice is employment and industrial law.

 

Michael Seck advises and appears for major Australian employers in the public and private sector, workplace regulators, employer/industry associations, senior executives and trade unions.

Berry v CCL Secure Pty Ltd - High Court Judgment

The High Court has upheld the appeal of Dr Benoy Berry in long running litigation against CCL Secure Pty Ltd arising out of the Securency plastic banknote scandal.  Dr Berry was represented throughout more than 6 years of litigation by 6 St James Hall Senior Counsel Dr Christopher Ward SC with junior counsel Phillip Santucci, assisted in the High Court by former Solicitor-General Justin Gleeson SC and instructed by Damian Sturzaker of Marque Lawyers. The High Court substantially restored the damages award obtained at trial in 2018, assessing damages and interest at more than $37 million. The unanimous High Court concluded that a serious onus of proof lay upon a litigant who had resorted to fraud but who wished to assert that it would have hypothetically relied upon lawful means to terminate a contract had it not engaged in fraud.

The High Court matter was mentioned in Lawyers Weekly.

The reasons for the decision can be found here.

DOYLES GUIDE - LEADING MEDIATORS nsw 2020

Doyle’s Guide has listed Robert Angyal SC as one of New South Wales’ leading mediators. 

Robert Angyal has been mediating since 1991. He has a vast experience in mediating commercial disputes of all types, including partnership disputes, Insurance claims, lessor-lessee disputes, intellectual property claims, banking disputes, trade practices claims and professional negligence actions.

What happens when JobKeeper Ends?

Loren Web of Dynamic Business interviews Ian Neil SC who provides his insight and advice for employers for navigating the uncertain times ahead with coming out of JobKeeper, including having difficult conversations with employees and establishing good practices for Health & Safety.

The article can found through Ian Neil’s website: https://www.ianneil.com.

Queensland Nickel Refinery insolvency dispute

Six St James Hall Senior Counsel Dr Christopher Ward SC has successfully defended Clive Palmer’s flagship company Mineralogy Pty Ltd in the mammoth Queensland Nickel Refinery insolvency dispute.  The Queensland Supreme Court dismissed the claims of liquidators seeking to recover very substantial sums. Dr Ward led a team of counsel throughout the hearings between April and October 2019.

The matter was mentioned in the Australian Financial Review.

Guide to the JobKeeper Scheme

Ian Neil SC, with David Chin SC and Christopher Parkin, has written a 'Guide to the JobKeeper Scheme'. You can download the guide on this page.

Ian, David, and Christopher will be presenting a webinar the week beginning 20 April 2020 under the auspices of the Australian Labour Law Association in which they will answer questions about the scheme. Details of the webinar will be published on Ian Neil SC's website.

Liability limited by a scheme approved under Professional Standards Legislation.