Academic qualifications

1980: Bachelor of Economics (Honours) Monash University
1982: Bachelor of Laws Monash University
1989: Master of Laws University of Melbourne

Employment experience

1983-1987: Solicitor
1988-1989: Associate to the Honourable Mr Justice Nathan of the Supreme Court of Victoria
1989- Member of the Victorian Bar

Practice at the Victorian Bar

Justin commenced at the Victorian Bar in September 1989. Initially, his practice was primarily general commercial work and some criminal work. Over time the focus of his practice changed. Since about 1995, Justin's practice has been primarily in the areas of Industrial, Employment and Discrimination Law.

This practice has given Justin the opportunity to argue some important cases in these areas of law, both at first instance and at appellate level. Justin's appellate experience has involved appearances in the High Court of Australia (both at special leave stage and final hearing), the Federal Court of Australia, the Victorian Court of Appeal and before the Full Bench of the Australian Industrial Relations Commission.

Some of the more noteworthy cases that Justin has been involved in are set out below (the party that Justin has represented is indicated in bold and an asterisk indicates those cases where he has appeared with senior counsel):

Smith (Office of Workplace Services) v Granada Tavern [2007] FMCA 904 (first successful contravention proceedings since the Work Choices amendments to the Workplace Relations Act 1996 (the Act) in respect of the application of duress to an employee to enter an AWA).

NSW v The Commonwealth* (2006) 81 ALJR 34 (one of the six Counsel who appeared for the Commonwealth in its defence of the constitutional challenge to the Work Choices legislation by the States and various unions).

Cahill v CFMEU [2006] FCA 196 (represented the Australian Building and Construction Commissioner in obtaining the Commissioner's first interlocutory injunction under the Building and Construction Industry Improvement Act 2005 (Cth)).

Ponzio v Multiplex (2005) 145 IR 431 (defence of contravention proceedings by the BuildingTaskforce, the case involving the rare application of the coercive conduct provisions of the Act (s.170NC) in respect of an employer).

Amcor v CFMEU; Minister for Employment and Workplace Relations v CFMEU* (2005) 222 CLR 241 (the High Court examined the meaning of the term "redundancy", especially in the context of a corporate restructure).

Amcor v CFMEU (2003) FCAFC 57 (appearing for the Minister for Employment and Workplace Relations who intervened in the appeal).

Gribbles Radiology Pty Ltd v HSUA (2005) 222 CLR 194 (an important case where the High Court examined the scope of operation of the transmission of business provisions in the Act when applied to private sector transactions).

Reasonable Hours Test Case (2003) [Print 072002] (appearing for Australia Post before the Full Bench of the Australian Industrial Relations Commission in respect of a test case brought by the ACTU concerning working hours).

Seven Network v CEPU (2001) 109 FCR 378 (examined the question whether a breach of the coercive conduct provisions of the Act (s.170NC) required intent).

The Age v AMWU [2000] FCA 1757 (believed to be the first time a penalty was imposed against a union under the coercive conduct provisions of the Act (s.170NC)).

CPSU v State of Victoria (2000) 95 IR 54 (used as a test case by the CPSU to attempt to prevent the 'casualisation' of the Victorian Public Service).

CPSU v State of Victoria (2000) 99 IR 217 (Federal Court appeal of the above case).

McCormick v Riverwood International (Australia) Pty Ltd (1999) 167 ALR 689 (first case where a contractual entitlement to redundancy was recognised via a redundancy policy in an HR manual).

Riverwood International Australia Pty Ltd v McCormick (2000) 177 ALR 193 (Federal Court appeal of the above case).

Hamberger (Employment Advocate) v Williamson* [2000] FCA 1644 (attempt by the Employment Advocate to stop the CFMEU's 'no ticket no start' campaign under freedom of association provisions of the Act).

Hamberger (Employment Advocate) v Williamson* [2001] FCA 1164 (Federal Court appeal of the above case).

The Australian Postal Corporation v CEPU (1998) 87 IR 105 (believed to be the first occasion that a Commission order under the Act stopping a strike was enforced in the Victorian Registry of the Federal Court).

National Workforce v AMWU [1998] 3 VR 265 (appeal dealing with the question of whether there was a recognised common law right to take strike action even where the strike is outside the parameters recognised by the Act).

Gorgevski v Bostik (Australia) Pty Ltd (1991) 39 IR 229 (terms in an industrial award preventing a dismissal from being harsh were found to be incorporated into the contract of employment).

Bostik (Australia) Pty Ltd v Gorgevski (No 1) (1992) 36 FCR 20; Bostik (Australia) Pty Ltd v Gorgevski (No 2) (1992) 36 FCR 439 (Federal Court appeal of the above case).

Readers

2007-2008: Robyn Sweet
2005-2006: Mark McKenney
2004-2005: Marc Felman
2002: Paul O'Grady
2001: Gary Hindson
2000: Edward Johnson

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