Colin MageeAdmitted to the Bar in 1998

Areas of Practice

  • Work Health and Safety
  • Employment
  • Industrial Relations
  • Discrimination Law/Human Rights
  • Professional Negligence/Disciplinary Tribunals
  • Appellate
  • Mediation and Alternative Dispute Resolution
  • Administrative
  • Inquests/Specialist Tribunals

Colin Magee, Barrister

More Information

Colin is listed in the Doyle’s Guide as one of the leading Employment, Industrial Relations and Work Health and Safety Barristers in New South Wales.

Colin was called to the bar at a relatively early stage of his career – a period as a litigation solicitor cementing his decision.  He has successfully established a broad practice which includes combining appearing in civil claims, advising on prosecutorial decisions, the evidentiary rigours of prosecution work, with the nuances of employment and industrial disputes.  He is regularly called on to present and provide papers on a wide range of areas of legal interest.

Colin’s current practice is in the following fields:

  • Work Health and Safety including

regularly advising the Regulators – SafeWork NSW (formerly the WorkCover Authority of NSW) and NSW Department of Industry (previously Department of Trade & Investment; and formerly Department of Mineral Resources) in respect to decisions to prosecute persons for breaches of work health and safety legislation, including in respect to work place accidents, bullying and harassment allegations in the workplace, and other offences;

appearing on behalf of SafeWork NSW and the NSW Department of Industry in prosecutions and appeals in various courts for work health and safety offences;

advising and appearing for Corporations, Officers and Individuals in WHS prosecutions including in respect to defended hearings and sentencing hearings;

advising PCBU’s on workplace systems to ensure compliance with work health and safety legislation;

appearing on behalf of SafeWork NSW in respect to external reviews of decisions made under work health and safety legislation;

advising the Regulators on proposed legislative amendments

  • Employment and Industrial Relations including

breach of contract claims, drafting and enforcing employment contracts and restraints;

unfair dismissal claims; adverse action claims; claims relating to contravention of industrial instruments; bullying claims; contravention of civil remedy provisions in various courts and tribunals,

negotiation, approval and interpretation of industrial instruments.

  • Administrative and professional disciplinary proceedings in Specialist Tribunals including:

NSW Civil & Administrative Tribunal (Administrative and Equal Opportunity Division & Occupational Division – complaints concerning professional conduct and discipline)

Australian Human Rights Commission

Federal Circuit Court of Australia

Anti-Discrimination Board of NSW

Child Protection (Prohibited Employment) Applications

This has included advising and appearing for NSW Government Departments and statutory authorities, Medical and allied health professionals, Corporations and Individuals in a range of matters in the above Courts and Tribunals.

  • Inquiries – including

coronial inquests and commissions in the interests of:

o WorkCover Authority of NSW (now SafeWork NSW)

o Medical Professionals

o Nurses and Midwifes

o Families of deceased persons

  • Other – including criminal and civil proceedings in various courts


QUALIFICATIONS

Admissions

Barrister:   1998

Solicitor: 1991

Degrees

BA, LLB – University of New South Wales: 1991

CASES

Selected recent appearances:

Work Health and Safety Law

Nash v Glennies Creek Coal Management Pty Ltd; Nash v Integra Coal Operations Pty Ltd (No 9) [2015] NSWIC 15 (18 November 2015)*

Nash V Perilya Ltd and Ors [District Court] (27 November 2015)*

WorkCover Authority of NSW v Plumbers Supplies Cooperative Pty Ltd [District Court] (16 November 2015)*

WorkCover Authority of NSW v Southern Cross Rigging Pty Ltd [District Court] (18 September 2015) *

WorkCover Authority of NSW v MSS Security Pty Ltd [District Court] (19 August 2015) *

Inspector Batty v Demolition Environmental Civil Contractors Pty Ltd [DC 2012/164874] (17 July 2015) *

WorkCover Authority of NSW v JMW Developments Pty Ltd [DC 2013/379509] (8 July 2015) *

WorkCover Authority of NSW v Eastern Basin Pty Ltd [DC 2014/75557] (9 June 2015) *

Nash v Bulga Underground Operations Pty Ltd (re Newstead) [2015] NSWDC 76 (26 May 2015) *

WorkCover Authority of NSW v Baiada Poultry Pty Ltd [2015] NSWDC 86 (30 April 2015)

Inspector Nash v Bulga Underground Operations Pty Ltd (re Newstead) (2) [2015] NSWDC 30 (5 March 2015) *

Inspector McCarthy (nee Shaw) v Siva & Jeya Pty Ltd [2015] NSWDC 15 (5 February 2015) *

Inspector McCarthy (nee Shaw) v Siva Kumaran Mathiaparanam [2015] NSWDC 16 (5 February 2015) *

Inspector Nash v Bulga Underground Operations Pty Ltd [2014] NSWDC 186 (5 November 2014)*

WorkCover Authority of NSW (Inspector Simpson) v Haddad [2014] NSWDC 123 (4 August 2014)*

Nash v Glennies Creek Coal Management Pty Ltd (No 6) [2014] NSWIRComm 36 (9 July 2014) *

Inspector Walker v Earthquake Promotions Pty Ltd (No 2) [2014] NSWIRComm 5 (20 February 2014) *

Inspector Walker v The Roads and Traffic Authority of New South Wales [2013] NSWIRComm 116 (24 December 2013) *

Director General Department of Trade and Investment Regional Infrastructure and Services v Glennies Creek Coal Management Pty Ltd [2013] NSWCA 371 (8 November 2013) *

Inspector Estreich v Cement Australia (Kandos) Pty Limited (ACN 004 158 972) [2013] NSWIRComm 65 (9 August 2013) *

Inspector Walker v Earthquake Promotions Pty Ltd [2013] NSWIRComm 56 (28 June 2013) *

Inspector Nikolovski v Lankry [2013] NSWIRComm 40 (28 May 2013) *

Inspector Selby v University of New South Wales [2013] NSWIRComm 20 (21 March 2013)

Nash v Glennies Creek Coal Management Pty Ltd [2013] NSWIRComm 60 (9 July 2013) *

Inspector McGrath v Cooper [2013] NSWIRComm 14 (27 February 2013) *

Inspector Shepherd v Vinsente Pty Ltd [2013] NSWIRComm 8 (12 February 2013)

NSW Department of Trade and Investment (Inspector Nash) v Newcrest Mining Ltd [2013] NSWDC 332 (6 February 2013) *

Inspector Hughes v Advanced Metal Door Frames Pty Ltd [2013] NSWIRComm 2 (31 January 2013) *

Contact

Tel: 02 9264 6899 | Fax: 02 9264 5541 | E-mail: c.magee@denmanchambers.com.au

Industrial and Employment Law

Advising and appearing for a wide range of clients including large corporations, small businesses, Government and statutory authorities, trade unions and individuals in matters including:

· Proceedings for orders in relation to contraventions of civil remedy provisions of the Fair Work Act 2009 (and under its predecessors including the Workplace Relations Act 2006), including in relation to National Employment Standards, Modern Awards and other Industrial Instruments in the Federal Magistrates’ Court and Federal Court;

· Unfair Dismissal and General Protection claims in Fair Work Australia and the Federal Magistrates Court;

· Negotiation, approval and interpretation of Industrial Instruments

· Post employment restraints

· Negotiation, conciliation and arbitration of Industrial disputes

· Breach of Employment Contract claims

· Discrimination & Harassment claims under Federal and State Legislation

· Unfair Contract claims

· Unfair Dismissal claims in the Industrial Relations Commission of NSW

Occupational Health & Safety

· Appearing in prosecutions under the Occupational Health & Safety Act 2000 (NSW) and Workers Compensation Act (NSW) on behalf of the Prosecutor (for WorkCover Authority of NSW and Department of Mineral Resources)

· Appearing for defendants including Corporations, Directors and Individuals in OHS prosecutions

Disciplinary and Administrative Tribunals

Appearing for Corporations, Government and statutory authorities, Trade Unions, Nurses, Medical Practitioners and Individuals in a range of Disciplinary, Administrative and other Tribunals including:

· Australian Human Rights Commission

· Federal Magistrates Court

· Administrative Appeals Tribunal

· Coroners Court (Coronial Inquests)

· Nurses & Midwives Tribunal

· Administrative Decisions Tribunal NSW

· Anti-Discrimination Board of NSW

· Child Protection (Prohibited Employment) Applications

Criminal Law

· Appearing for defendants in Local and District Court proceedings

Civil Claims

  • Appearing for Plaintiffs and Defendants in Local and District Court proceedings

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    Level 7/185 Elizabeth St
    Sydney NSW 2000

    DX 185 Sydney

    T: 02 9264 6899
    F: 02 9264 5541

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