Dilan's practice is 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 recognised for his strategic approach to litigation and his forensic questioning, he is well prepared for each unique situation and thinks quickly on his feet. 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.

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, Dilan has been involved in well over 20 restraint of trade matters (some of which are mentioned below). 

Since 2016, Dilan has been recognised in Doyles‘ Leading Employment & WHS Barristers – Australia’ list.

Focus Areas + Select Cases

Coverforce v McMahon (2017/379347) (December 2017) - successful urgent interlocutory application to restrain the defendant from soliciting customers and competing with the plaintiff

DXC Connect Pty Ltd v Deibe & Ors (2017/226378) (August 2017) - led by Jeremy Clarke SC, acting for six(6) defendants in an urgent application to restrain each of them from working for a competitor. The injunctive relief aspect of the matter resolved by each of the defendants giving various undertakings which allowed most of them to continue working for the competitor.

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.

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.

Tony Greco v P Pennisi and Seafoods Fresh Pty Ltd and R Pennisi as trustee for the Rosario Pennisi Family Trust (SYG274/2016) (18 December 2017) - successful defence of an adverse action claim in which the applicant alleged he had been dismissed because of a workplace injury.

Local Government and Shires Association of New South Wales v New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union [2017] NSWIRComm 1073 (5 December 2017) - industrial dispute resolved in favour of Georges River Council (represented by Dilan) in which the Union sought to prevent the Council from transitioning some employees to a fortnightly pay cycle from a weekly pay cycle.

Leahey v CSG Business Solutions (Aus) Pty Ltd [2017] FCA 1098 (18 September 2017) - successful breach of contract claim against CSG in which the applicant obtained $360,000 in damages and interest for the respondent's failure to pay him a short-term incentive and long-term incentive in accordance with the terms of his employment contract.

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.

Cross v Harbour City Ferries Pty Ltd [2017] FCA 1577 (29 December 2017) - successful defence of an appeal against a decision of the Federal Circuit Court where the judge below had dismissed the applicant's claim of alleged adverse action with costs. The Federal Court dismissed the appeal at an early stage due to it being filed a few days out of time and completely lacking in merit.

Hunter v Nursing and Midwifery Board of Australia [2017] NTSC 64 (17 August 2017 - led by Arthur Moses SC, in this matter Dilan acted for Mr Hunter appealing a decision of the NTCAT who had dismissed Mr Hunter's application to set aside a decision by the Respondent to impose conditions on his practice as a nurse. After the filing of submissions in the appeal, the Respondent conceded in having the decision of the NTCAT set aside but resisted Mr Hunter's application for indemnity costs. The Supreme Court of the Northern Territory awarded Mr Hunter costs from 10 May 2017 on an indemnity basis.

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.

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.

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.