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.

Dr James Stellios, appointed as a Fellow of the Australian Social Sciences Academy

6 St James Hall Chambers congratulates Dr James Stellios on his recent appointment as a Fellow of the Australian Social Sciences Academy.

Dr Stellios is one of Australia’s leading expert barristers in constitutional law who appears in superior courts and tribunals for governments, regulators, public instrumentalities, corporations and private individuals. Dr Stellios’ continues his contribution to the field of law as Head of the Australian National University Law School and a Fellow of the Australian Academy of Law as well as having published books and edited collections, including Zines and Stellios's The High Court and the Constitution and The Federal Judicature: Chapter III of the Constitution.

It is an outstanding achievement and a well-deserved recognition, Congratulations.

Landmark High Court Decision Regarding Indefinite Immigration Detention

The landmark High Court case of NZYQ v Minister for Immigration has held that indefinite immigration detention under the Migration Act is unconstitutional. The decision overturned a 20-year precedent and will result in the release of dozens of individuals held in indefinite detention. 

Dr James Stellios, who was instructed by Allens, appeared for the plaintiff. 

The case has been widely reported nationally and internationally, including in the Guardian, ABC and BBC. 

The High Court’s reasons for its orders will be published in due course.

KATRINA DAWSON AWARD 2023

Congratulations to Lucy Geddes who is the recipient of the Katrina Dawson Award for 2023.  The Award honours Katrina who was tragically lost in the Lindt Café siege, and is to encourage and support the participation of women at the NSW Bar.

Lucy Geddes practices in the areas of public law, commercial law, criminal law and has particular expertise in human rights.

Please click here to read the announcement made by the NSW Bar Association.

Congratulations Lucy.  

ADMISSION TO THE BAR OF THE US FEDERAL COURT

6 St James Hall Chambers congratulates Senior Counsel, Tim Castle SC for his admission to the bar of the US Federal Court for the Eastern District of New York at Brooklyn.  

Tim has a broad commercial practice as a trial and appeal advocate. His experience spans a wide range of large and complex commercial cases, specifically in financial services, corporations, insolvency, competition law, franchising, and insurance disputes. 

Congratulations Tim!

To read more about Tim Castle SC, please click here.

Enquiries about availability can be sent to his Practice Manager, Nora Faulua.

Capital Punishment Justice Project Fundraiser

6 St James Hall Chambers had the pleasure of hosting a fundraising event for the Capital Punishment Justice Project (CPJP), challenging the death penalty across Asia. Speakers of the night included the Honourable Michael Kirby AC CMG, patron of CPJP and our special guest, as well as Luke Cook, a death row exoneree. We also had a panel discussion with Kirsten Han and Dobby Chew by AVL, moderated by Dr Christopher Ward SC, CPJP Ambassador.

CPJP provide direct assistance to people and families who face the death penalty; and they develop legal and policy solutions that help save lives. 

To support CPJP continue their imperative work to ensuring that Australia is a leading voice on abolition, please consider donating by clicking on the link below. 

Welcome to Lucy Geddes and Andrew Horne

St James Hall Chambers welcomes two new readers, Lucy Geddes and Andrew Horne.

Lucy Geddes practices in the areas of public law, commercial law, and criminal law. She has particular expertise in human rights and maintains an international human rights consultancy practice. Prior to coming to the Bar, Lucy worked on issues relating to access to justice for over 10 years in Victoria, NSW, South Africa, England, the Netherlands and Sri Lanka. To read more about Lucy Geddes please click here. 

Andrew Horne practices in the areas of technology, data security and privacy, accounting and cross‑border litigation. In addition to being admitted as a barrister in New South Wales, Andrew is also admitted as an attorney in New York and as a solicitor in England & Wales and Scotland. To read more about Andrew Horne, please click here. 

Welcome to both Lucy and Andrew.

The Modern Contract of Employment - Third Edition 

The Modern Contract of Employment Third Edition by 6 St James Hall Chambers, Senior Counsel, Ian Neil SC together with David Chin SC and Christopher Parkin of 5 Wentworth has recently been published. 

The third edition is revised to consider in detail the recent landmark High Court cases like WorkPac Pty Ltd v Rossato; Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd; and ZG Operations Australia Pty Ltd v Jamsek. 

This book is available from Thomson Reuters.

European Court of Human Rights hears landmark climate change case

On Wednesday, 27 September 2023 the Grand Chamber of the European Court of Human Rights will hear the application of six Portuguese youths against 32 of the major emitting States of the Council of Europe.

The applicants claim that the failure of the respondent States to sufficiently regulate and limit greenhouse gas emissions violates certain of their rights under the European Convention on Human Rights. Richard Reynolds is a member of the team of barristers appearing for the applicants.

Riva NSW Pty Ltd v Key Nominees Pty Ltd [2023] NSWSC 711

On 7 July 2023 the Supreme Court of NSW delivered judgment in the matter of Riva NSW Pty Ltd v Key Nominees Pty Ltd [2023] NSWSC 711. 

The judgment addresses a practical issue regarding the Supreme Court’s power to enforce its orders arising in exceptional circumstances in which 13 costs orders had been made by NSW courts, including 10 by the Supreme Court, all of which had been assessed and the resulting certificates of determination of costs registered as 13 separate judgments in the Local Court. Separate judgments, as explained in the judgment, if enforced by a writ for the levy of property require the issue of a separate writ for each separate judgment.

The defendant sought the assistance of the Court to facilitate execution of the judgments in the exceptional circumstances by means of the appointment of a receiver. The Court found there were exceptional circumstances in the proceedings and ordered that the costs orders be enforced by the appointment of a receiver and sequestrator without the requirement for security. The Court also ordered that a writ of sequestration issue authorising the receiver as sequestrator to take possession of the property of the plaintiffs and each of them, including to collect, receive and sequester all the rents and profits of any such real property and to collect, receive and sequester the personal property of the plaintiffs.

The Court ordered that the plaintiffs pay the defendant’s costs of and incidental to the receiver motion, the setting aside motion and the adjournment application.

Richard Parsons appeared for the defendant.

The judgment can be found here.

Employment Law Advocacy

Bronwyn Byrnes of counsel is looking forward to teaching the intensive course "Employment Law Advocacy" in the LLM program at the University of Sydney with the Honourable Justice Elizabeth Raper and Catherine Bembrick of counsel on 11/12 April and 3/4 May 2024.

This unit examines key aspects of employment law principles and practice and their application in contemporary employment litigation and advocacy. This course by practical application requires that students apply the substantive legal principles underpinning the employment relationship learned through a series of moots, undertaking cross-examination and making closing submissions.  The context for these exercises will be a variety of common employment disputes that arise in modern workplaces including the characterisation of the relationship for workers, serious misconduct, unfair dismissal, adverse action, sexual harassment, and liability for conduct outside of work, including by way of social media activity. The course’s practical focus also extends to drafting pleadings, leading evidence, understanding remedies and choice of forum options as well as settlement obligations. This unit of study is designed especially for students in the Master of Laws (LLM) and Master of Labour Law and Relations (MLLR) degree programs who have completed an LLB or JD degree.

Australian Electoral Commission v Craig Kelly

6 St James Hall Senior Counsel Christopher Ward SC and Trent March (of New Chambers) have successfully defended Mr Craig Kelly against civil penalty charges brought by the Australian Electoral Commission relating to the authorisation of electoral material.  The case involved questions of statutory construction of the Electoral Act and the implied freedom of political communication.

Reasons for the decision can be found here.

Capital Punishment Justice Project event - Wednesday 14 June 2023

The Capital Punishment Justice Project is holding an event on Wednesday, 14 June 2023 hosted by the members of 6 St James Hall Chambers. Speakers will include the Hon Michael Kirby AC CMG, Christopher Ward SC in conversation with recently retired member of the Philippine Human Rights Commission Karen Gomez-Dumpit, and the executive staff of the CPJP who will discuss its recent and on-going work.

Numbers are limited and entry is by donation of $25.00 to support the work of the CPJP.

Further information and ticket purchasing can be accessed here.

Dr Christopher Ward SC joins 3 Verulam Buildings Barristers, London as an Associate Member

Dr Christopher Ward SC has accepted an offer to join 3 Verulam Buildings Barristers in Gray’s Inn, London as an Associate Member, where he will be working on public international law litigation and arbitration in Europe.  Dr Ward will continue to lead the international law practice group at 6 St James Hall and will remain available to accept instructions in all Australian courts and tribunals. 3 Verulam Buildings Barristers’ press release can be viewed here.

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