Areas of Practice
Jim was admitted to the Bar in 1983 and has practiced full time since September 1989. Jim practices throughout Australia principally in Sydney, Brisbane and Melbourne.
Jim specialises in all industrial and employment matters, competition law matters, unfair contract matters, administrative law matters and OH & S matters.
Jim has appeared in three long term Commissions of Inquiry namely the Seaview Inquiry 1995 – 1996 (counsel for CAA) , Cole Inquiry into Building Industry 2003 (counsel for AMWU) and Walker Commission into NSW health matters 2004 (counsel for Jennifer Collins).
Jim appears in all Courts where employment/industrial matters are litigated including the Federal Court, the Supreme Courts and the Federal Circuit Court and has an extensive practice in specialist industrial tribunals including the FWC and NSWIRC where he has appeared for more than 35 years. Because of his extensive industrial background Jim is also very experienced in mediations/conciliation proceedings
Jim has been involved in appearing in or giving advice in one way or another in most of the major industrial matters of the last 15 years.
Jim has just completed appearing in the major Multiplex conspiracy trial in the Supreme Court which has been widely commented on in the media.
Today Jim’s regular clients include individual employees , independent contractors (incorporated or otherwise), trade unions and small and medium private sector employers and government employers.
Jim accepts direct access work in respect of unfair and unlawful dismissals and OH& S matters from employees and employers.
Jim graduated from law at Sydney University. He has been a local council alderman. Jim worked as a state and national trade union official for 14 years and served on a variety of ACTU & Australian Government committees in the Hawke/Keating years. Between 1984 and 1987 he spent 3 years in Canberra heading up the then ACOA (now PSU) national office where his responsibilities included political liason.
Jim is a Wests-Tigers man and in the 1990s was Secretary and/or Ass. Secretary and/or Committee member Como Jannali JRLFC
Union Officials’ Financial Management Duties under Chapter 2 Part 9 of The Fair Work (Registered Organisations) Act 2009 Windsor seminar, Brisbane 22 June 2013; Denman CLE 25 June 2013
Prosecutions Following Investigations under The Fair Work Act by the Fair Work Ombudsman Legalwise Seminar at Grace Hotel Sydney August 31, 2012
Dispute Resolution Strategies (Lexis Nexis 6th Annual Industrial & Workplace Relations National Conference 14 June 2012.
“Statute of Limitation for Workplace Relations Act Prosecutions” was published in Workplace Review (WR) Autumn 2012.
“The Meaning Of “Compensation” And “Remedy” under The Fair Work Act” at a Denman CLE Seminar.
“The Approach of Fair Work Australia to Evidence ” was published in Workplace Review (WR) Summer 2011.
“Federal Right of Entry Recent Developments” (NSW Bar Association CPD Ballina, 12 February 2011)
“Right of Entry – Fair Work Authority Decisions” (Livingstone’s Brisbane CLE, 26 August 2011)
“Business Records of Expert Evidence and Makita and Lay Tribunals” (Denman CLE, Sydney, 25 August 2011)
“Strategies for Unions & Employers Dealing with the Fair Work Ombudsman” (Denman CLE 8 December 2009)
“Federal Right of Entry Recent Developments” (NSW TLC Union
“Advocacy in Industrial Tribunals & Courts (Industrial Lawyer CLE Seminar 26 March 2010; Livingstones
Right Of Entry Since Work Choices – Recent Developments (Denman CLE, Sydney 19 June 2009; Livingstones Brisbane CLE 20 June 2009)
Disciplinary Proceedings & Criminal Proceedings Recent Cases (NSW Bar Association CPD Parramatta 7 March 2009)
Proposed Changes To Right Of Entry, Freedom Of Association & Industrial/ Prohibited Matters under Fair Work Bill (Denman CLE, Sydney 11 December 2008)
Differences in Approach between the Law of Post Employment Restraints in NSW, Victoria & Queensland (11th Europe-Asia Legal Conference Positano / Priano Italy 29 June 2008)
Freedom of Association for Officers, Delegates & Members of Organisations Under The Workplace Relations Act 1996 (Denman CLE Sydney 4 April 2008)
Recent Developments In Post Employment Restraints on Employees & Contractors in New South Wales (NSW Bar Association CPD Kingscliff 9 February 2008)
Post Employment Restraints on Employees & Contractors – a new feudal system for New South Wales (Denman CLE Sydney 3 December 2007)
Notices To Produce Under The Workplace Relations Act And The Building & Construction Improvement Act, 2005 (Carne Reidy Herne / Maurice Blackburn Seminar, Brisbane June 2007)
Recent Significant Judgments
FEDERAL COURT – FULL COURT
Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Ltd  FCAFC 193
Manna v Alfred  FCAFC 13
Harrison v P & T Tube Mills Pty Ltd  FCAFC 102
Australian Manufacturing Union v John Holland Pty Ltd  FCAFC 90
Construction, Forestry, Mining and Energy Union v Alfred  FCAFC 13
CFMEU v Hadgkiss  FCAFC 17
Hadgkiss v Construction Forestry Mining and Energy Union  FCFCA 524 (26 March 2007)
Kingham v Sutton  FCAFC 107  FCA 506 [114 IR 137]
King v AFMEPKIU  109 FCR 447
COURT OF APPEAL NEW SOUTH WALES
Ballard v Brookfield Australia  NSWCA 434
Ballard v Brookfield Australia  NSWCA 18
General Manager of Fair Work Commission v Thomson  FCA 380
Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Ltd  FCA 347 John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union  FCA 224 (14 March 2012)
Darlaston v Parker  FCA 771;
John Holland Pty Ltd v Construction, Forestry, Mining and Energy Union (New South Wales Branch)  FCA 645
Australian Manufacturing Workers Union v Luxottica Retail Australia Limited  FCA 608
Queensland Alumina Limited v The Maritime Union of Australia  FCA 874
John Holland Pty Ltd v Australian Manufacturing Workers Union & Ors  FCA 274;  FCA 770
Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union  FCA 678
John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union (No. 2)  FCA 865
John Holland Pty Ltd (ACN 004 282 268) v Construction, Forestry, Mining and Energy Union  FCA 786
Hadgkiss v Construction Forestry Mining and Energy Union  FCA 524 (26 March 2007)
A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union  FCA 1047 (13 July 2007)
A & L Silvestri Pty Ltd v Construction, Forestry, Mining and Energy Union  FCA 466 (11 April 2008)
Duff v McCarney  FCA 1429
SUPREME COURT NEW SOUTH WALES
Shelley v Nurses & Midwives Tribunal of NSW & Anor  NSWSC 1240
SUPREME COURT QUEENSLAND
Condren v Southport Workers Community Club Inc  QSC 130
AUSTRALIAN INDUSTRIAL RELATIONS AND FAIR WORK COMMISSIONS
Re Parker, Kera, Hanlon & Mitchell  FWA 2577
Power Projects International Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) & The Australian Workers’ Union  FWAFB 1327
Anthony Ilardo v Rail Corporation of New south Wales  FWAFB 6479
ABCC v Lane  AIRC 868
Alfred V Quirk  AIRC 781
CFMEU V Holland  AIRC 961
Re ABCC  AIRC 1140
Re ABCC  AIRCFB 898
Re Master Plumbers Application for Registration  AIRC 349
INDUSTRIAL RELATIONS COURT NEW SOUTH WALES
WorkCover v Watt  NSWIRC 99
WorkCover v McCruddin  NSWIRC 45;  NSWIRC 73
Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales & Anor v Commissioner of Police  NSWIRComm 298
Re Miscellaneous Workers Kindgartens and Child Care Centres &c (State) Award & ACCA & Association of Quality Child Care Centres of NSW & Ors  NSWIRComm 64  150 IR 290
Tel: 02 9264 6899 | Fax: 02 9264 5541 | E-mail: email@example.com
Level 7/185 Elizabeth St
Sydney NSW 2000
DX 185 Sydney
T: 02 9264 6899
F: 02 9264 5541