Background

Jamie was called to the Bar in 2007. Jamie's practice encompasses employment and industrial relations matters, general commercial, equity and Corporations matters. Jamie's employment and industrial practice covers all matters in those fields including trade practices, discrimination and safety matters. Jamie has particular expertise in restraints of trade matters. 

Jamie's commercial, equity and Corporations matters includes work for liquidators and administrators in applications under the Corporations Act, contractual and commercial disputes including shareholder disputes, claims under the Consumer Law and general equitable claims. 

Jamie appears led and unled in all courts and tribunals in which such matters are litigated, both at first instance and on appeal. Jamie is briefed to appear in matters throughout Australia. 

Jamie has been recognised by Doyle's Guide in the Employment & WHS Barrister field NSW and Australia since 2015 and Chambers and Partners Asia Guide 2019 for Employment. 

Prior to the Bar, Jamie worked as a Solicitor and Senior Associate with Clayton Utz (2000 - 2005) in its Workplace Relations team. Jamie then worked at Eakin McCaffery Cox as an Associate (2005 - 2007) in its Commercial Litigation department. 

Outside the law, Jamie enjoys music, cooking and reading. He is a passionate Port Adelaide Football Club supporter. 



Focus Areas + Select Cases

Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 451. Acting for transport and logistics company in proceedings against union and its officials for illegal industrial action. 

Moffet v Dental Corporation Pty Ltd [2019] FCA 344. Acting for respondent defending a claim by a dentist alleging that they were engaged as an employee rather than as a contractor. 

Klooger v Foodora Australia Pty Ltd (2018) 283 IR 168. Acting for food delivery company on claim that a contractor in the "gig economy" was properly characterised as an employee who was unfairly dismissed. 

Konopka v Commissioner of Police (No 2) (2018) 273 IR 395. Acting for the Commissioner of Police in proceedings by former police officer seeking to review decision of Commissioner to remove him from the NSW police. 

Pryse v Clark (2017) 264 IR 451. Acting for multiple departing partners of a law firm on application to restrain them from working post cessation of their partnership. 

Ledger v Stay Upright Pty Ltd [2016] FCA 659. Acting for respondent employer on claims made by long term casual employees that they were permanent employees and entitlement to benefits commensurate with that characterisation. 

Fair Work Ombudsman v Valuair Ltd (No 2) (2014) 224 FCR 415. Acting for airline in proceeding commenced by Fair Work Ombudsman alleging that foreign employed crew were covered by the Fair Work Act

Allied Mills Pty Ltd v Miners [2013] NSWSC 1117. Acting for departing employee in proceedings to enforce post-employment restraint. 

OAMPS Gault Armstrong Pty Ltd v Glover [2012] NSWSC 1175. Acting for insurance broker enforcing post-employment restraint defendants who sold broking business. 

OAMPS Insurance Brokers Ltd v Hanna [2010] NSWSC 781. Acting for insurance broker enforcing post-employment restraint in cascading restraint of trade clause. 

Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61. Acting for respondent in appeal to NSW Court of Appeal from decision enforcing an exclusive jurisdiction clause. 

Whooley v Shire of Denmark [2019] WASCA 28. Acting for respondent local government in appeal to WA Industrial Appeals Court on claim involving powers of dismissal under the Local Government Act 1995 (WA). 

Fair Work Ombudsman v Lohr (2018) 356 ALR 424. Appeal to Federal Court on proper approach to determining penalties for multiple contraventions of the Fair Work Act 2009 and status of declarations of contraventions on non-defaulting parties. 

Bupa Aged Care Australia Pty Ltd v Tavassoli (2017) 271 IR 245. Acting for appelant in proceedings concerning meaning of "dismissed" under the Fair Work Act

Behman v Behman [2016] NSWCA 295. Acting for respondent on appeal against decision in his favour reflecting equitable interest in property. 

Borg v Patrick Stevedores Holdings Pty Ltd [2016] FWCFB 3662. Acting for stevedore in appeal against decision dismissing application for unfair dismissal on basis of redundancy where terminal automated. 

Toll Holdings Ltd (t/as Toll Transport) v Johnpulle [2016] FWCFB 108. Acting for appellant in appeal against unfair dismissal decision where Commissioner made errors. 

Sipple v Coal & Allied Mining Services Pty Ltd (2015) 253 IR 367. Acting for respondent employer resisting claim against long term employee terminated because of incapacity. 

Adventure World Travel Pty Ltd v Newsom (2014) 86 NSWLR 515. Acting for appelant challenging decision in District Court in relation to notice of termination of employment. 

Kilcran, Re Allco Finance Group Ltd (recs and mgrs apptd) (in liq) v Gothard [2014] FCAFC 6. Acting for respondent on appeal against decision rejecting claim by employee in receivership for redundancy payments. 

Hanna v OAMPS Insurance Brokers Ltd (2010) 202 IR 420. Acting for respondent employer on appeal against a decision enforcing post-employment restraints. Considered issue of validity of cascading restraint clauses. 

Hitchin v Labourforce Solutions Pty Ltd (2009) 184 IR 262. Acting for respondent labour hire company on claim for transferring employees for long service leave under SA Long Service Leave Act

Dylan Mann & Co Pty Ltd as trustee for the Mann Family Trust v Tiejag Pty Limited as trustee for the Skeihy Khoury Family Trust [2018] NSWSC 1334. Acting for defendant/cross-claimant in proceedings for breach of contract and misleading and deceptive conduct. 

Daniel Terry Behman v Tarek Behman (Also Known As Terry Behman) [2015] NSWSC 1787. Acting for plaintiff son in proceedings against father in respect of claims for equitable interest in family home. 

Trust (Ptal) Ltd (Formerly Permanent Trustee Australia Ltd) v Albert [2013] NSWSC 1970. Acting for lender on application to enforce a guarantee against borrower. 

Xu v Austino Property Development Pty Ltd (2013) 17 BPR 32,801. Acting for purchaser of property to recover deposit after rescinding contract for sale. 

Lockrey v Historic Houses Trust of New South Wales (2012) 84 NSWLR 114. Acting for lessor of property in proceedings that involved question of consent to transfer lease under Retail Leases Act 1994. 

Burns v Integrity Investment Management Pty Ltd [2011] NSWSC 687. Acting for company opposing an application for an injunction to restraint termination of employment of an employee. 

In the matter of Austral Alloys Pty Ltd [2017] NSWSC 1833. Acting for plaintiff shareholders in application to wind up company on just and equitable grounds.

Pugh v Pro Stainless Pty Ltd (in liq) [2015] FCA 1095. Acting for party seeking to set aside winding up order.

In the matter of Kimberley Securities Ltd (in liq) (rec and mgr apptd) [2014] NSWSC 297. Acting for liquidator in application to terminate winding up of company on grounds that company is solvent.

Kilcran Re Allco Finance Group Ltd (recs and mgrs apptd) (in liq) v Gothard [2012] FCA 1145. Acting for Receiver in review by employee challenging Receiver's decision to not pay redundancy pay.

In Re Cussen and Greig As Administrators of Heavy Plant Leasing Pty Ltd (Receivers and Managers Appointed) and Ors [2013] NSWSC 834. Acting for administrators in application to extend time to convene creditors meeting.


Notable Cases

Australian Health & Nutrition Association Ltd v Hive Marketing Group Pty Ltd [2019] NSWCA 61. Acting for respondent in appeal to NSW Court of Appeal form decision enforcing an exclusive jurisdiction clause.

Klooger v Foodora Australia Pty Ltd (2018) 283 IR 168. Acting for food delivery company on claim that a contractor in the "gig economy" was properly characterised as an employee who was unfairly dismissed.

Bupa Aged Care Pty Ltd v Tavassoli (2017) 271 IR 245. Acting for appellant in proceedings concerning meaning of "dismissed" under Fair Work Act.

Ledger v Stay Upright Pty Ltd [2016] FCA 659. Acting for respondent employer on claims made by long term casual employees that they were permanent employees and entitlement to benefits commensurate with that characterisation.

Cooper v Australian Taxation Office [2015] FWCFB 868. Acting for ATO in appeal against decision dismissing unfair dismissal claim where employed charged with offences outside of Australia that justified termination of employment.

Adventure World Travel Pty Ltd v Newsom (2014) 86 NSWLR 515. Acting for appellant challenging decision in District Court in relation to notice of termination of employment.

Fair Work Ombudsman v Valuair Ltd (No 2) (2014) 224 FCR 415. Acting for airline in proceedings commenced by Fair Work Ombudsman alleging that foreign employed crew were covered by the Fair Work Act.

Hanna v OAMPS Insurance Brokers Ltd (2010) 202 IR 420. Acting for respondent employer on appeal against a decision enforcing post-employment restraints. Considered issue of validity of cascading restraint clauses.



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