Background

Dilan's practice is particularly focused on employment law, restraints of trade, administrative law, and commercial/equity law. Prior to coming to the Bar in 2010, Dilan was a Senior Associate at Sparke Helmore Lawyers, where he worked in Employment and Industrial Relations law.

Dilan provides a stress-free experience for solicitors who brief him. He has a clear thinking and practical approach to litigation. Dilan aptly deals with the pressures of litigation and tight deadlines, by employing a calm demeanour and attention to detail.

Dilan is particularly interested in matters involving post-termination restraints. Since coming to the Bar Dilan has developed a reputation as a “go to” junior counsel for restraint of trade matters. Since July 2016 in particular, Dilan has been involved in well over 15 restraint of trade matters (some of which are mentioned below).

Dilan is recognised for his forensic questioning, his ability to ‘think on his feet’ and is always well prepared for each unique situation. He is a thorough advocate and is always committed to presenting all available arguments in a persuasive and succinct manner. Dilan receives consistent positive feedback from solicitors, due to his clients receiving exceptional legal representation.

Since 2017, Dilan has been recognised in Doyles‘ Leading Employment & WHS Barristers – Australia’ list. In addition to being considered one of the leading Junior Counsel in Employment / Industrial Relations law and Restraints of Trade, Dilan is quickly building a similar reputation in the practice areas of Building & Construction, Commercial/Equity, Administrative and Appellate.



Focus Areas + Select Cases

 

Ibarra Campoverde v Regional Health Group Pty Ltd [2017] FCCA 1502 (30 June 2017) successful defence of an adverse action based on an allegation that the Respondent dismissed an employee because he had lodged a bullying and harassment complaint.

Saied Khayam v Navitas English Pty Ltd t/as Navitas English [2017] FWC 1524 (22 May 2017) successful jurisdictional objection to an unfair dismissal claim involving an employee whose employment ended at the end of a fixed term contract.

Craig Cross v Harbour City Ferries, Sydney Ferries and Anor [2017] FCCA 514 (24 March 2017) successful defence of a claim that the Respondents had engaged in adverse action, misrepresentation of workplace rights and coercion.

Gorval v Employsure and Lynch v Employsure and Mahoney v Employsure [2016] FCCA 231 (18 March 2016) successful defence of an underpayment of wages claim by three former employees of the Respondent.

Re Liverpool City Council 36 Hour Week (72 Hour Fortnight) Child Care Staff Award 2015 [2015] NSWIRComm 22 – successful defence of an application for a new award in which the Union sought to preserve the terms and conditions of a Council Agreement that had been terminated.

 

 

Capercorp Pty Limited v Brasam Pty Limited as trustee for Brasam Investment Trust [2017] NSWSC 608 (8 May 2017) successful defence of an urgent interlocutory application to restrain third parties to a franchise agreement from conducting a competing pizza business on the basis that the plaintiff’s pizza menu somehow constituted confidential information.

Georges Apparel Pty Ltd v Giardina [2017] NSWSC 290 (21 March 2017) successful urgent interlocutory application to restrain the defendant from soliciting customers of the plaintiff and using the plaintiff’s confidential information, and for orders requiring the plaintiff to deliver up her personal electronic devices to be forensically examined by an IT expert.

Interactive Data (Australia) Pty Limited v Claire Phan (2017/78877) – led by Jeremy Clarke SC, defence of an urgent application to restrain the defendant from working for an alleged competitor. The matter resolved on the basis that Ms Phan would continue her employment with the alleged competitor with some limited adjustment to her role for a period of 6 months.

Ash Pty Ltd v Darwin (NSD 1485 of 2016) – urgent interlocutory application in the Federal Court against a former State Manager of the plaintiff who commenced employment with a competitor after having emailed confidential information belonging to the plaintiff to himself whilst still employed by the plaintiff. At a very early stage in the proceedings the defendant agreed to resign from his employment with the competitor, provided undertakings to the Court in respect of non-competition, non-solicitation and confidential information and agreed to orders allowing the plaintiff’s computer expert to interrogate his personal computers to ascertain whether any confidential information was disclosed to any third parties.

Staples Australia Pty Ltd v Mario Ribeiro (New South Wales Supreme Court 2016/224479) – led by Ingmar Taylor SC, defence of an urgent interlocutory application seeking to restrain Mr Ribeiro from being employed by his new employer. The major issue between the parties was whether Mr Ribeiro’s new employer was, in fact, a competitor. The matter resolved on the basis that Mr Ribeiro remained employed by his new employer with some limited adjustment to his role for a period of 6 months.

 

Hunter v Nursing and Midwifery Board of Australia [2017] NTCAT 109 (2 March 2017)­ – in this matter Dilan acted for Mr Hunter who sought to appeal a decision where conditions had been imposed on his registration to practice as a Nurse following a performance assessment. Mr Hunter argued that the Board did not have jurisdiction to impose any conditions on his registration to practice as the performance assessment had not been conducted in accordance with the Health Practitioner Regulation (N.U.L) Act and was, accordingly, invalid. The NTCAT dismissed Mr Hunter’s application and Mr Hunter appealed that decision in the NT Supreme Court. On the appeal, after submissions had been filed, the Board conceded in having the decision of NTCAT and the decision of the Board set aside. The Court reserved its decision on whether costs should be awarded against the Board on an ordinary, or indemnity basis.

Employsure Pty Ltd v Gorval (No 1) [2016] FCA 422 (19 April 2016) –stage one in an appeal against decision of the Federal Circuit Court concerning the misapplication of restitutionary principles in respect of an alleged unpaid commission. The matter resolved on a commercial basis.

Bruce Coppa v Medical Board of Australia [2014] NTSC 48 – judicial review application before the Supreme Court of the Northern Territory involving a question as to whether a medical practitioner is entitled to procedural fairness and/or natural justice prior to being required to attend a health assessment.

Darren Roberts v Office of the Fair Work Building Inspectorate [2016] FWCFB 6696 – successful defence of a decision whereby the Fair Work Commission had suspended Mr Robert’s right of entry permit pursuant to s.510 of the Fair Work Act 2009 following a pecuniary penalty being imposed on Mr Roberts by the Federal Court of Australia

Gelin v Sumner (RLD) [2012] NSWADTAP 52 – successful defence of an appeal before the Appeal Panel of the Administrative Decisions Tribunal involving contractual interpretation of a retail and scope of obligation of the lessees following repudiation by lessor.


Notable Cases

Anglican Care v New South Wales Midwives Association [2015] Appeal, led by Richard Kenzie QC, as to the proper construction of s.130 of the Fair Work Act 2009. Namely, whether workers in NSW are entitled
to accrue annual leave whilst remaining absent from work and receiving workers’ compensation payments. Read More

National Retail Association v Fair Work Commission (2014) 225 FCR 154 Judicial review application involving questions of jurisdictional error by the Fair Work Commission in reducing the age at which retail employees receive
adult pay rates. Read More

Endeavour Coal Pty Ltd v Association of Professional Engineers, Scientists and Managers (2012) 206 FCR 576 Successful defence of a judicial review application, led by Ingmar Taylor SC, as to the proper construction of the ‘good faith bargaining’ requirements under the Fair Work Act 2009 and the powers of the Fair Work Commission to remedy a breach of those requirements.
Read More

Asciano Services Pty Ltd v Hadfield [2015] Appeal before the Full Bench of the Fair Work Commission, led by Richard QC acting for the Bar Association as an intervener, as to the proper approach to section 596 of the Fair Work Act 2009 regarding lawyers’ permission to represent parties. Read More

Thermal Power Plant Arbitration (2015): in this particular matter, Dilan worked with a team of solicitors, barristers and trial advocates from NSW, Hong Kong and New York on behalf of an EPC contractor in relation to dispute arising from works associated with a thermal power plant. The dispute was conducted pursuant to the Rules of Arbitration of the International Chamber of Commerce (ICCC), with Singapore being the seat of the Arbitration. The value of the competing claims exceeded US $1 Billion and provided an excellent opportunity to work with leading industry experts from across the globe.



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