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Experience

Patrick is recognised for his versatility and his practice covers a wide range of areas including employment and industrial law (particularly in the construction industry, electricity and retail industry), personal injury and insurance, occupational disciplinary related matters, sporting law, and urgent claims for injunctive relief.

Patrick has appeared in the High Court of Australia, the Supreme Court of Victoria, the Federal Court of Australia, the Fair Work Commission and other jurisdictions, including before the Australian Olympic Committee and Racing Appeals and Disciplinary Board.

Professional Legal Experience

• Associate to Justice Ryan, Federal Court of Australia 1996.
• Solicitor (and Snr Associate) for four and half years specialising in industrial and employment law litigation.
• Read with Justice Michael McDonald.
• Appointed silk in 2020.
• Appeared in numerous industrial and employment law matters, sporting matters and insurance matters re personal injury.
  • interlocutory relief to enforce or defend restraint of trade contracts (e.g on behalf of Elders Rural Services Australia, Transfield Worley Power Services, DP World, Orica Australia, Recruitment firms etc and advice work) - Supreme Court of Victoria and Federal Court of Australia
  • interlocutory relief to restrain unlawful industrial action and industrial disputation generally (e.g on behalf of CUB Pty Ltd, Grocon Constructions, Bovis Lend Lease, Metropolitain Fire Brigade; Sugar Australia, Coles Supermarkets Australia etc) - Supreme Court of Victoria and Federal Court of Australia
  • various complex employment litigation (contractual, enterprise agreement construction eg Commonwealth Bank of Australia, University of Melbourne, Target Australia, Boeing Aerostructures Australia)
  • Regulatory assistance – Multiplex Australasia Pty Ltd, Multiplex Constructions.
  • unlawful discrimination and sexual harassment cases
  • extensive work for Victorian Government departments and statutory authorities including the Dept. of Parliamentary Services, Ambulance Victoria and Victoria Police
  • proceedings generally under the Fair Work Act
  • general civil work – contractual disputes - Supreme Court of Victoria and Federal Court of Australia
  • Licensing and Disciplinary Tribunals - Racing Appeals and Disciplinary Board, Veterinarian Board, Australian Olympic Committee.
  • Personal injury and insurance – Worksafe, TAC, self-insured.

• Sample of matters include:
  • Equatorial Launch Australia Pty Ltd ats Scott (termination of employment; complex contractual claims)
  • Vialano v Steadfast (restraint of trade)
  • Chemist Warehouse ats SDA – complex Award construction claim
  • Walkley v Australian Retail Projects (Personal injury litigation)
  • Lustig Nee Davidson v TAC (Personal injury litigation)
  • Victorian Workcover Authority v Carey (Personal injury litigation)
  • SKM Industries Pty Ltd v Melchiorre (Personal injury litigation - insurance)
  • Espinosa v VWA & Ors (Personal injury litigation)
  • Downer EDI Rail Pty Ltd (industrial action)
  • RTL Mining Earthworks – (industrial action Loy Yang Power Station)
  • JDLF International Pty Ltd (t/a Compass Institute of Education) (restraint of trade)
  • Quinn v Descon Group Australia Pty Ltd (construction industry, termination)
  • Ambulance Victoria ats Hazelwood (discipline; contractual; enterprise agreement)
  • Suad Trtrovac v Total Mix and Holcim (Australia) Pty Ltd (personal injury, insurance, construction industry)
  • Nahid Moghadam v TAC (Personal injury litigation)
  • Smethurst v TAC (Personal injury litigation)
  • Complex Advice – re mandatory vaccinations
  • Target Australia Pty Ltd ats SDA (enterprise agreement construction)
  • Strategy1 HR v Jansz and Franklin (restraint of trade)
  • Ryan Plapp v Tac (Personal injury litigation)
  • Scott Russell v Osborne & Son (Personal injury litigation)
  • Ambulance Victoria ats APESMA (enterprise agreement)
  • Victorian Ambulance Union v Health Select (industrial action)
  • Ambulance Victoria ats Harrap (employment)
  • Airwallex Pty Ltd ats Terssari (employment, contractual)
  • Bovogen Biologicals Pty Ltd ats O’Dea (restraint of trade, employment, contractual)
  • Illion Australia ats Dlima (employment; contractual)
  • University of Melbourne ats Salerno (employment)
  • Boeing Aerostructures Australia Pty Ltd ats Australian Manufacturing Workers Union (employment, industrial)
  • Green Vic Pty Ltd ats Yates & Green (construction industry, employment)
  • Wesbeam Pty Ltd ats Trego & Anor (construction industry, employment)
  • DP World Brisbane ats CFMEU (industrial action)
  • Victoria Police (disciplinary, employment)
  • Hays Specialist Recruitment (Australia) (restraint of trade)
  • John Crane Australia Pty Ltd v Clayton (construction industry, employment)
  • Only About Children ats Rezkalla (restraint of trade, employment)
  • Toyota Motor Corporation ats Abarra & Tainsh (employment, termination)
  • Casual Penalty Rates Case (retailers, complex submissions to Fair Work Commission)
  • CSL Limited ats Papaioannou (employment)
  • Carter Jold Harvey Woodproducts Australiaa ats CPSU & Ors (construction industry, employment)
  • Palombino v Ciro Tiling Pty Ltd (construction industry, employment)
  • BHP Billiton Iron Ore Pty Ltd ats Anjali (employment)
  • Fletcher Insulation Pty Ltd ats Alievski (construction industry, employment)
  • RMIT v National Tertiary Education Union (enterprise agreement, employment)
  • Transport Workers Union v Australia Postal Corporation (employment, industrial)
  • 4 yearly review of modern awards - Penalty Rates Decision - [2017] FWCFB 1001 - represented the retail associations - a substantial matter worked on through 2015/16 - outcome was as claimed by the retail associations i.e. a reduction in Sunday penalty rates.
  • Carlton & United Breweries ats ETU & AMWU - substantial industrial dispute involving outsoucing/contracting of labour [2016].
  • Construction, Forestry, Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd and Ors [2015] - High Court Of Australia - Application for special leave by the CFMEU
  • Construction Forestry Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd & Ors; Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd & Ors (No 2) [2014] VSCA 298 (21 November 2014)
  • Grocon & Ors v Construction, Forestry, Mining and Energy Union & Ors [2013] VSC 275 Contempt of Court - breach of restraining orders made by the Court
  • AMWU v. Toyota Motor Corporation Australia Ltd [2012] VID323 of 2012 Injunction application by AMWU for reinstatement of 12 Union delegates and Health & Safety Representatives made redundant by Toyota April 2012. Ancillary proceedings re 350 redundancies in FWA.
  • Cicciarelli v Qantas Airways Ltd [2012] FCA 56 Dismissal of employees after strike action at Melbourne Airport. Employees claimed part of the reason for dismissal was because they were union delegates. Qantas successful.
  • Cameron v Asciano Services Pty Ltd [2011] VSC 36 Employment contractual dispute - repudiation
  • Acted for Racing Victoria Limited Stewards and also for various trainers, bookmaker and jockeys including Tony Vasil, Mark Riley, Darren Weir, Robert Smerdon, Jarrod McLean, Nikita Beriman, Philp Cakebread, Leon Corstens etc
  • Telstra Corporation Ltd - application to FWA to terminate Telstra's enterprise awards [2011] Union parties made concurrent application for a modern award.
  • Jetstar Group Ltd ats Australian Federation of Air Pilots - claims that Jetstar was in breach of its industrial instruments - Federal Court - [2011]
  • Southern Health ats Australian Nursing Federation - appeal against decision in private arbitration - jursidiction - application of a certified agreement - alleged breach of certified agreement [2011]
  • Qantas Airways Ltd - employee claims
  • Skilled Group - employee commission claims; contractual claims
  • Clive Peeters v. Causer & Ors - employee fraud in excess of $20Million; search orders and freezing orders Supreme Court of Victoria.
  • ANZ Banking Group / ING Administration Pty Ltd - [2010] Application to transition employees from INGA to ANZ Banking Group industrial instruments.
  • BAE Systems - [2010] - employee claims - defence contracts - proceedings subject to confidentiality orders.
  • J Boag & Son Brewing Pty Ltd (Boags) ats Button - dismissal and appeal of decision at first instance - FWA - [2010]
  • Bovis Lend Lease Pty Ltd v. CFMEU (No2) [2009] FCA 650 Contempt - contempt of court - penalties
  • CFMEU v. Bovis Lend Lease Pty Ltd [2008] FCA 1669 Contracts - settlement agreement about industrial dispute - Blue Glue dispute - construction of agreement
  • Sinapi v. Coles Supermarkets Australia Pty Ltd [2008] AIRC 405 Termination of employment
  • Refined Sugar Services Pty Ltd v. Australian Workers’ Union [2008] AIRCFB 1069 Appeals – amendment of orders and documents – powers of Commission – whether correction of errors permissible in the circumstances – Workplace Relations Act 1996 ss.91, 111(1)(d), (l) and (m), 120, 423, 469 and 496
  • (Sugar Austrlia) Refined Sugar Services Pty Ltd v. Australian Workers’ Union [2008] AIRC 1065s.496 - Application for order against industrial action
  • Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Ardmona Foods Ltd (2006) 155 IR 211 Industrial law — Industrial relations — Certified agreement — Breach
  • United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2006] FCAFC 84; (2006) 152 FCR 18 Industrial law — Trade unions — Penalties — Orders
  • Sperandio v Lynch t/as Doctors of Northcote (2006) 160 IR 360Employment — Termination of employment — Unlawful termination — Temporary absence from work
  • Country Fire Authority v United Firefighters' Union of Australia - PR970045 [2006] AIRC 181 (20 March 2006) Dispute - Modifications to Fire Stations and whether design determined by enterprise agreement
  • Arie Benezra v. Volante Systems Pty Ltd [2006] AIRC Termination of employment; jurisdiction; employed under award-derived conditions
  • Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v SPC Ardmona - PR954942 [2005] AIRC 42 (18 January 2005) s.170LW dispute over the application of a certified agreement
  • John Mangiafico v Department of Human Services - PR963416 [2005] AIRC 854 (4 October 2005) Termination of employment; sexual harassment
  • Christopher Esam and Geoff Organ v SPC Ardmona Operations Ltd - PR957497 [2005] AIRC 338 (20 April 2005) Appeal - termination of employment - engagement for a specified period of time and/or for a specified task - jurisdiction - appeal filed out of time - intervention - extension of time granted
  • United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board (2004) 136 IR 71 Industrial law — Enterprise agreements — Construction — Breach of agreement
  • P I'Anson and Department of Human Services PR949516 [2004] AIRC 694 Appeal – termination of employment
  • J Savage v Department of Education PR947727 [2004] AIRC 552 Termination of employment
  • Margaret Holmes & Ors v. Minister for Immigration and Multicultural and Indigenous Affairs – PR949225 [2004] AIRCAlleged termination of various employees of the Refugee Review Tribunal
  • Romeo Spataro v PFD Food Services Pty Ltd - PR953928 [2004] AIRC 1224 (3 December 2004) Termination of employment
  • United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board (2003) 123 IR 86 Industrial law — Industrial relations — Disciplinary charges — Interlocutory relief
  • Batzialas v Tony Davies Motors [2002] FMCA 243 (16 October 2002) Human Rights - Claim for discrimination under Racial Discrimination Act 1975 - whether termination of employment due to or caused by discrimination - application dismissed - costs.
  • Australian Education Union and others v. Department of Education, Employment and Training PR911197 [2001] AIRC (13 December 2001) Application for variation of a certified agreement
  • Jasen v Northern Melbourne Institute of TAFE & Ors [2000] VCAT 659 (31 March 2000) Anti-Discrimination List - Application for order to restrain firm of Solicitors from continuing to act forthe 1st and 2nd Respondents- Tribunal's power to make order- principles to be applied; VCAT Act 1998 Ss 40-44, 80, 97, 98 and 123

For further information about his availability, fee rates and other information, please contact one of his Clerks, John, Phillip or Michael Dever on 9225 7999 or by email to dever@vicbar.com.au.

From 24 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.