Appointment to the Federal Circuit and Family Court of Australia

Lisa Doust of 6 St James Hall Chambers has been appointed as a Judge of the Federal Circuit and Family Court of Australia, (Division 2) at the Sydney Registry, commencing on 14 October 2024.

Lisa was admitted as a solicitor in 1993 and was called to the New South Wales Bar in 2008. Lisa joined 6 St James Hall Chambers shortly after her readership and has been a member of 6 St James Hall Chambers for the last 15 years. 

The Announcement by the Attorney General, The Hon Mark Dreyfus KC MP can be found here.

The members and associates of 6 St James Hall Chambers wholeheartedly congratulate Lisa on her appointment.

Appointment to the Mental Health Review Tribunal

St James Hall Chambers congratulates Madeleine Bridgett on her appointment as a part-time Lawyer member of the Mental Health Review Tribunal commencing in September 2024. 

Madeleine Bridgett is a human rights, public law and commercial law barrister. Madeleine has specialised knowledge in trauma-informed practice, mental health, drug and alcohol, child protection, domestic and family violence, and sexual assault. Having served almost three years as Counsel Assisting the Royal Commission into Defence and Veteran Suicide, Madeleine continues her work in this area at the Mental Health Review Tribunal as well as her practice as a Barrister in areas of human rights, public law and commercial law.

Congratulations Madeleine.

LEADING ARBITRATION BARRISTERS - AUSTRALIA 2024

Doyles Guide have released their 2024 listing of leading Australian Arbitration Barristers. Congratulations to Dr Christopher Ward SC who has been recognised in this listing. 

Dr Ward SC is an advocate before trial courts, appellate courts and arbitral tribunals.  He has a multidisciplinary international practice as Senior Counsel and works in all aspects of public and private international law,  administrative and governmental disputes. 

Enquiries regarding availability, urgency, time commitments and fees can be made to his Clerk and Practice Manger, Nora Faulua. 

https://doylesguide.com/leading-arbitration-barristers-australia-2024/

Full Federal Court allows statutory construction migration appeal

The Full Court has held by a majority (Thawley and Stewart JJ) that where a decision of the Immigration Assessment Authority is quashed, both the Minister's duty in s 473CA of the Migration Act 1958 (Cth) and the Secretary's duty in s 473CB must be re-performed, such that the Secretary is obliged to give to the Authority new country information and other relevant material that has come into the Secretary's possession or control since the matter was originally referred to the Authority. 

Richard Reynolds, counsel of 6 St James Hall Chambers, led by Ben Mostafa, appeared for the successful Appellant.

Please click here to read the full judgment.

NSW Court of Appeal on COVID-19 public health orders and frustration of leases

Jennifer Mee appeared for the respondent landlords in the NSW Court of Appeal in successfully defending an appeal brought by the guarantors of a tenant claiming that the lease had been frustrated due to the COVID-19 public health orders.

The Court clarified the operation of the doctrine of frustration, both generally and as it may apply to leases.  Among other things, express clauses regarding allocation of risk, such as a statement that the use and occupation is at the tenant’s own risk, may preclude a finding of frustration.  Clauses requiring operation during specified hours are not generally to be construed as requiring operations contrary to law.

Reasons for the judgment can be found here.

FULL FEDERAL COURT ON BANKRUPTCY NOTICES

The Full Federal Court of Australia yesterday allowed an appeal brought by a judgment creditor against a decision that a bankruptcy notice be set aside.  The decision is significant in terms of the requirements for a complying bankruptcy notice, and what constitutes a formal defect or irregularity, particularly in the context of judgment debts involving the conversion of foreign currency.  In their decision, the Full Federal Court accepted the appellant’s submissions that it should depart from previous Federal Court authority.

Jennifer Mee appeared for the successful appellant.

Please click here to read the full judgment.

Welcome Tim Maybury

6 St James Hall welcomes Tim Maybury. Tim practises in the areas of commercial law, public and private international law, criminal law, public and administrative law, native title and civil litigation. Prior to coming to the bar, Tim practised as a Senior Lawyer with the Australian Government Solicitor, as a Senior Associate with Piper Alderman and as a Senior Federal Prosecutor with the Commonwealth Director of Public Prosecutions. 

Please contact our Clerk and Practice Manager, Nora Faulua for Tim’s availability and rates. 

Welcome to the floor Tim!

Penalty Decision - Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liq) & Ors

The Federal Court of Australia upheld the Fair Work Ombudsman’s prosecution of a Canberra Massage Parlour for multiple contraventions of the Fair Work Act 2009 (Cth) for underpayments, cash backs, subjecting workers to coercion, race discrimination, unauthorised deductions, and record keeping breaches. The Court found the Massage Parlour deliberately recruited workers from the Philippines to exploit them. The Fair Work Ombudsman welcomed the Court’s recent imposition of significant total penalties, which have been the third highest issued in the regulator’s history.

Michael Seck and Bronwyn Byrnes appeared for the applicant, the Fair Work Ombudsman.

Please click here to read the full judgment.

The FCFCA affirms the constitutional limits to lawfully detain as held in NZYQ

Dr Christopher Ward SC and Madeleine Bridgett appeared for the successful applicant in a habeas corpus application made on an urgent basis to the Federal Circuit and Family Court of Australia in GMZ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 335. The Court found that the applicant’s immigration detention was unlawful and ordered the immediate release of the applicant. This case considers the effect of the judgments in Chu Kheng Lim v The Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 and NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37, including the scope of the constitutional limit to lawfully detain. The Court concludes that the relevant principle in Lim as espoused in NZYQ applies. The judgment can be found here.

First Climate Change Judgements Handed Down By The European Court of Human Rights

On a landmark day, on 9 April the European Court of Human Rights delivered its first ever judgments on climate change cases.

On an application brought by an association of older Swiss women, the Grand Chamber of the Court found that the European Convention on Human Rights encompasses a right for individuals to effective protection by State authorities from the serious adverse effects of climate change. The Grand Chamber held that Switzerland, which had critical gaps in its regulatory framework and had failed to meet its past emission reduction targets, had violated the Convention.

An application brought by six Portuguese youths against 33 European countries was, however, declared inadmissible, on the basis that the applicants were only within the jurisdiction of Portugal and had not exhausted domestic remedies there. 

An application brought by a French former mayor was also declared inadmissible on the basis that he no longer had relevant links to the municipality. 

Richard Reynolds was part of the team of barristers representing the Portuguese youths.

The Grand Chamber's judgments have received significant press attention worldwide, including in the UK and Australia.

AI cannot be an inventor Article by Andrew Horne

AI cannot be an inventor: Thaler litigation update by Andrew Horne was recently published in the Law Society of NSW Journal.

The article provides an analysis of Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49 in which the UK Supreme Court found that an artificial intelligence system cannot be an ‘inventor’ for purposes of being granted a patent and how that decision might have implications for future Australian proceedings in which that issue is raised.

A preview to this article can be found here. 

DOYLES GUIDE 2024 RANKINGS

6 St James Hall members, Ian Neil SC, Michael Seck, Maurice Baroni, Ken Brotherson, Bronwyn Byrnes, Martin Watts and Prue Bindon have been individually recognised in their respective expert areas of law, Employment and Workplace Health and Safety by Doyles Guide in their NSW and ACT 2024 rankings.

Our recognised counsel have extensive experience in providing strategic advice to public and private sector employers, unions and individuals and are also recognised experts in conducting workplace investigations. They appear throughout Australia in all courts, the Fair Work Commission, the Australian Human Rights Commission, as well as a wide range of tribunals and mediations.

Please click here to see a full list of their rankings for 2024.

Enquiries to retain any of our barristers including availability and urgency, can be discussed with the chambers’ Clerk and Practice Manager, Nora Faulua.

The South Africa ICJ Genocide Case Against Israel

On 26 January 2024, the International Court of Justice indicated provisional measures against Israel in respect of South Africa’s allegation that Israel is in breach of the Genocide Convention in its ongoing military operations in Gaza. 

This Thursday 7 March 2024, Dr Katherine Fallah, barrister at 6 St James Hall Chambers and law lecturer in international criminal law and the laws of war, joins ANU Associate Professor Ntina Tzouvala and Australian Centre for International Justice director Rawan Arraf in a virtual panel discussion on the decision, hosted by the Australian National University College of Arts and Social Science’s Centre for Arab and Islamic Studies. 

Please click here to register for the event.

CPD Seminar: Insights for Government Lawyers

Insights for Government Lawyers – a CPD seminar is be held on 4 March which will cover the latest in public law, accountability and transparency for government lawyers, and much more. The CPD seminar will be chaired by 6 St James Hall counsel, Michael Rennie and hosted by Legalwise Seminars.

Michael Rennie specialises in public and commercial law with particular focus on regulatory matters, matters involving the management of sensitive information and commercial disputes, particularly those involving the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

Please click here to register for the CPD seminar. 

COVID-19 VACCINE MANDATES FOR QUEENSLAND HEALTH WORKERS RULED 'UNLAWFUL'

The Queensland Supreme Court has today delivered judgment in the matter of Witthahn v Wakefield in which the Direction mandating health workers in Queensland to receive the Covid-19 vaccine was challenged. The Court has found the Direction to be of no effect, and has ordered that no workers be forced to comply with the vaccination policy. Dr Christopher Ward SC of 6 St James Hall Chambers appeared for Mr Witthahn and other health workers in the proceedings, leading Phillip Santucci and Kathleen Morris.

Reasons for the decision can be found here.

New Editorial Consultant Appointed to the Australasian Dispute Resolution Journal

Robert Angyal SC has recently been appointed as one of the four new editorial consultants to the Australasian Dispute Resolution Journal. The journal features articles that provide insight into the broad spectrum of dispute resolution methods in Australia, and overseas jurisdictions.

Robert was a foundation member of the Law Society of NSW’s Dispute Resolution Committee and was a foundation member and former Chair of the NSW Bar Association’s Mediation Committee. Robert is an accredited mediator and an approved arbitrator for the NSW Bar Association.

Congratulations to Robert and best of wishes in this new appointment.

UNLAWFUL ADVERSE ACTION BY Bureau of Meteorology

On 9 February 2024 Judge Humphreys handed down his Honour’s decision in Chambers v Commonwealth of Australia (Bureau of Meteorology) [2024]FedCFamC2G 100. Ms Chambers established four contraventions of the Fair Work Act, being that: 

- the Commonwealth (BOM) breached s. 340 of the Act by making her position excess in a restructure and again by her dismissal, with such actions taken because Ms Chambers exercised her workplace rights; and

- two breaches of the BOM’s enterprise agreement. 

The matter demonstrates the importance of conducting a detailed examination of decision-makers' evidence in adverse action cases, and how an employer may not discharge its onus when such witnesses' evidence is unsatisfactory or unreliable.

6 St James Hall counsel Michael Whitbread, appeared for Ms Chambers, led by Tom Brennan SC and instructed by Maurice Blackburn Lawyers.  Michael Whitbread also appeared for Ms Chambers in the matter in the Fair Work Commission before DP Beaumont in Jasmine Chambers v Commonwealth of Australia (Bureau of Meteorology) [2021] FWC 4622, who found that Ms Chambers had been dismissed by the Commonwealth (BOM).

The matter has been reported in the Sydney Morning Herald, Financial Review and The Saturday Paper.

Reasons for the decision in each matter can be found below.

Fair Work Commission decision.

Federal Circuit and Family Court of Australia, reasons for judgment.

Legal 500 Rankings 2024

Legal 500 have recently released their Australia Bar rankings, for sets of chambers and individual barristers. 6 St James Hall have been ranked as a set of chambers in the practice area of Commercial Disputes. 

Members, Dr Christopher Ward SC, Ian Neil SC, Tim Castle SC, David Rayment SC and Michael Seck, have been individually recognised in their expert areas of law, Commercial Disputes. 

The barristers of 6 St James Hall Chambers' Commercial Disputes Resolution practice area, are leading advocates of the Australian Bar, with expertise in a wide range of disputes, including commercial corporate and industrial disputes, financial services, insolvency, franchising and international law. 

They appear for clients from a range of sectors including retail, financial services, energy and resources, pharmaceuticals, leisure and gaming, superannuation funds, aged care, manufacturing, property development and management including individuals and international companies. 

Enquiries to retain any of our barristers including availability and urgency, can be discussed with the chambers’ Clerk and Practice Manager, Nora Faulua.

CHAMBERS AND PARTNERS 2024 RANKINGS

Chambers and Partners have recently released their 2024 Rankings.

6 St James Hall Chambers as a set has been ranked under Dispute Resolution: The Bar 2024.

Members Ian Neil SC and Michael Seck have each been ranked individually in their expert areas of law, Employment: The Bar.

A full list of ranking tables can be found here. 

Any queries about availability and/or rates can be put forward to the Clerk and Practice Manager of Chambers, Nora Faulua.

50 Human Rights Cases That Changed Australia

Last week was the Melbourne launch of 50 Human Rights Cases that Changed Australia, a book authored by 6 St James Hall barrister Lucy Geddes with Hamish McLachlan. Over 100 people attended the launch which was generously co-hosted by Allens and Fitzroy Legal Service. Opening remarks by Victoria Legal Aid CEO Louise Glanville, a panel discussion featuring the authors and moderated by public commentator Jon Faine AM, and closing remarks by former Supreme Court Justice Kevin Bell, a leader of human rights jurisprudence in Victoria.

Published by Federation Press earlier this year, 50 Human Rights Cases that Changed Australia is the first book of its kind, and summarises Australia’s 50 most significant and influential human rights cases. Each summary also includes commentary situating the case in its social and political context, and critical analysis of the case’s impact. The cases include landmark human rights cases from all Australian states and territories. They range from the seminal freedom of expression and First Nations land rights cases of the 1990s, to lesser-known earlier cases on civil liberties and criminal procedure and more recent advances in LGBTIQA+ rights, environmental rights, and the rights of people with disabilities.

The book’s foreword was written by the Hon Michael Kirby AC CMG who described it as a ‘courageous, innovative and novel text’.

The book can be purchased directly from Federation Press here.