Ian Latham

 
Website photo - Ian latham (002).jpg

Year of Admission to the NSW bar

1997

Email: ianlatham@denmanchambers.com.au

Telephone: (02) 9264 6899

 

areas of practice

  • Industrial/Employment

  • Administrative Law

  • Inquests and Commissions of Inquiry

Overview

Ian Latham specialises in industrial, employment, administrative law and inquiries.

Ian has appeared in a number of important industrial cases including the Tristar litigation, which was the first case about the Independent Contractors Act, the first case about the sham contractor provisions and a major case about accessorial liability under the Fair Work Act 2009.

Ian writes for the Lexis Fair Work Act and NSW Industrial Relations Act loose-leaf services. He also writes on industrial law and Australian Rules Football.

Ian is listed in Doyles Guide as a leading Work Health and Safety junior counsel and Employment Law junior counsel.

Selected cases

High Court

Tasty Chicks Pty Limited & Ors v Chief Commissioner of State Revenue [2011] HCA 41 (5 October 2011)

Payroll Tax- grouping provisions – satisfaction of the Commissioner

Full Federal Court

Gregory v Qantas Airways Ltd [2016] FCAFC 7

Judicial review – test for permission to appeal in FWC

National Archives of Australia v Fernandes [2014] FCAFC 158 (17 November 2014)

Appeal against decision to release a document that might reasonably be expected to cause damage to the security, defence or international relations of the Commonwealth

Augusta Ventures Limited v Mt Arthur Coal Pty Limited [2020] FCAFC 194

Security for costs against funder of class action (case summary)

Federal Court

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (the WGC Cranes Case) [2021] FCA 622

Civil penalties (case summary)

Federal Circuit Court

Keldote Pty Ltd v Riteway Transport Pty Ltd [2010] FMCA 394

Independent Contractors Act – Variation of Independent Contract on grounds of unfairness – powers of Court

Harper v Tingmak Pty Ltd & Ors [2020] FCCA 626

Wage underpayments (case summary)

Supreme Court of NSW

Depa v Narrabri Council [2020] NSWSC 1444

Attempted strike out of unfair contract claim under s 106 of the Industrial Relations Act

District Court of NSW

SafeWork NSW v Erector Group Pty Limited; SafeWork NSW v Rong Feng Wang [2020] NSWDC 22

Appropriate penalty for head contractor (case summary)

Local Court of NSW

Police v Shoebridge

Move on directions (case summary)

Fair Work Commission - Full Bench

Butterfly Systems Pty Ltd [2021] FWCFB 18

Determination of compensation (case summary)

Brendon Hempel v Northern Territory Air Services Pty Ltd [2021] FWCFB 3707

Determination of employment (case summary)

Fair Work Commission

Media, Entertainment and Arts Alliance [2020] FWC 3755; Media, Entertainment and Arts Alliance [2020] FWC 3755

Rule change (case summary)

Industrial Relations Commission of NSW - Full Bench

Applications for Variations to Crown Employees (Police Officers – 2017) Award and Paramedics and Control Centre Officers (State) Award [2021] NSWIRComm 1040

Wage fixing for paramedics (case summary)

Industrial Relations Commission (IRC)

Australian Paramedics Association (NSW) v Health Secretary in respect of NSW Ambulance [2021] NSWIRComm 1016

Award enforcement (case summary)

NSW Civil and Administrative Tribunal (NCAT)

Deputy Secretary, Local Government, Planning and Policy v Byrne [2021] NSWCATOD 53

Local government misconduct allegations

Health Care Complaints Commission v Qadri [2017] NSWCATOD 155

Over prescription of drugs of addiction – professional misconduct – appropriate orders

Personal Injury Commission – Presidential Division

Workers Compensation Nominal Insurer v Elias Bader t/as Genuine Kitchens (No 5) [2020] NSWWCCPD 72

Appeal against factual and credit findings (case summary)

Nardy House v Perry [2016] FWCFB 1621

Meaning of casual employment – need to inform parties of potential findings

Inquests and Commissions of Inquiry

Royal Commission into the Building and Construction Industry

Botany Council ICAC inquiry