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Editorial

Labour and employment

Index of tables

  1. Labour and employment
  2. Leading individuals
  3. Next generation lawyers

Leading individuals

  1. 1

Next generation lawyers

  1. 1
    • Marie Costa - Corrs Chambers Westgarth
    • Ruth Rosedale - King & Wood Mallesons

Who Represents Who

Find out which law firms are representing which Labour and employment clients in Australia using The Legal 500's new comprehensive database of law firm/client relationships. Instantly search over 925,000 relationships, including over 83,000 Fortune 500, 46,000 FTSE350 and 13,000 DAX 30 relationships globally. Access is free for in-house lawyers, and by subscription for law firms. For more information, contact david.burgess@legal500.com.

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The β€˜reliable’ department at Ashurst is called upon for β€˜difficult, complex matters’, and is β€˜held in very high regard’. It frequently acts for well-known multinational corporates on a range of contentious and non-contentious matters. Paul Vane-Tempest and the β€˜timely, reliable and business-focused’ Jon Lovell, who are both based in Canberra, assisted various Australian government agencies, including the Department of Finance and the Department of Immigration and Border Protection, with enterprise bargaining agreements (EBAs). Lovell and β€˜knowledgeable, practical’ group head Stephen Woodbury advised Qantas Airways on an enterprise agreement covering almost 5,000 employees, and defended it in a case brought by the Transport Workers Union (TWU) regarding Qantas’ introduction of labour hire in customer delivery. Other clients include Alcoa of Australia, Anglo American and the University of Sydney. Trent Sebbens made partner in Sydney in April 2017. Steven Amendola is also recommended.

Noted for its strength in depth, Herbert Smith Freehills’ β€˜exceptional’ team is β€˜available at all times’, and provides β€˜accurate advice that delivers the optimal outcome for the client’. Drew Pearson advised Lendlease Group on all its employment and industrial relations matters, while Anthony Wood, who has β€˜a thorough, in-depth knowledge and understanding of the automotive industry’, represented Toyota Motor Corporation Australia in litigation involving alleged misconduct by supervisors in Toyota’s Melbourne manufacturing plant. Sonia Millen acted for Qube Ports in federal Supreme Court litigation regarding its stevedoring operations in Port Melbourne. Miles Bastick, who counts Commonwealth Bank of Australia (CBA) among his clients, heads the group. Nicholas Ogilvie β€˜understands the many facets of complex businesses’; Paul Burns and consultant Russell Allen are also recommended.

The β€˜prompt, practical, efficient’ practice at Minter Ellison acts for high-profile clients on a wide range of contentious and non-contentious matters. Healthcare is an area of particular activity: the β€˜strategic, pragmatic and commercial’ Jim Fox acted on the establishment of the Australian Digital Health Agency, which involved complex employment agreements for employees joining from the National E-Health Transition Authority and the federal government. He also advised Health Partnerships NSW on the employment aspects of the new Northern Beaches Hospital, entailing the transfer of 1,000 employees from the public to the private sector. Education is a key sector strength: Dan Williams defended the Queensland University of Technology against a discrimination claim lodged by an indigenous employee, while β€˜consummate employment lawyer’ Karl Blake, who β€˜always goes the extra mile’, assisted Swinburne University with a new enterprise agreement to cover its vocational education workforce. David Woodman made partner in July 2017; Amanda Watt, Gareth Jolly and consultant Richard West are also recommended.

β€˜Proficient, well-respected and cost-effective’ employment boutique Seyfarth Shaw LLP is β€˜exceptionally responsive’. β€˜Strategic, clear communicator’ Chris Gardner is an EBA expert who is frequently active in union-related litigation; he, Ben Dudley and executive employment specialist Justine Turnbull defended ten partners who resigned from Herbert Smith Freehills in employee restraint litigation. Practice head Darren Perry advised CBA on various employment matters, including negotiating an EBA that covered 30,000 employees. Rachel Bernasconi, Michael Tamvakologos, workplace reform expert Henry Skene and multi-jurisdictional specialist Luke Edwards, who is UK- and Australia-qualified, are also recommended. In workplace health and safety, the β€˜very responsive’, β€˜well-regarded’ Paul Cutrone has β€˜decades of experience’ and β€˜a proven track record’, while Jane Hall is β€˜exceptionally knowledgeable’.

Clayton Utz’s β€˜outstanding, highly reputable’ team is β€˜flexible, commercial and excellent value for money’; it counts IT, education and aviation as burgeoning sector strengths. β€˜Master strategist’ Dan Trindade is β€˜pragmatic and down to earth’, and has β€˜immense knowledge and experience’; he acted for ExxonMobil on negotiating EBAs and in industrial disputes with its onshore and offshore workforces. Additionally in the energy and natural resources space, group head Saul Harben advised Aphrodite Gold on the employment termination of its CEO and its managing director. The β€˜adaptable, commercial and responsive’ Abraham Ash β€˜really knows his stuff’; Cilla Robinson, who made partner in January 2017, is β€˜a pleasure to work with – engaging yet professional, decisive but thoughtful, and practical, sensible and succinct’. Shae McCartney is also recommended.

Construction, energy, mining and TMT are particular sector strengths of Corrs Chambers Westgarth’s β€˜very responsive, pragmatic’, β€˜modern’ and β€˜very personable’ team, which provides a β€˜seamless, stress-free service’. Department head John Tuck acted for Australia Post on various employment matters, including representing it in litigation regarding changes to its superannuation scheme. Jack de Flamingh assisted Glencore with various industrial relations and safety matters concerning 20 of its workforces across Queensland and New South Wales, while Stephen Price acted for Harbour City Ferries on negotiating an EBA. Nicholas Ellery and β€˜well-connected, communicative’ special counsel Marie Costa are also recommended. In July 2017, Simon Billing left to set up S Billing & Associates.

Eight-partner employment boutique FCB Workplace Law is based across Sydney, Melbourne and Brisbane. It is headed out of Sydney by Campbell Fisher and healthcare specialist Jessica Fisher; Campbell assisted the Australian Retailers Association with its pursuit of a reduction in the Sunday penalty rate for retail workers. Rod Marshall advised Dowell Windows on the enterprise arrangement negotiations for its manufacturing facility in Bayswater, Victoria, and defended USG Boral against a claim of unfair dismissal. On the transactional side, Megan Bowe advised Anglican Community Services, the entity formed by the merger of Anglican Retirement Villages and Anglicare Sydney, on all employment issues resulting from the merger. Benjamin Gee and Matthew Robinson are also recommended.

The β€˜brilliant team’ at Norton Rose Fulbright gives β€˜sensible, practical advice’, and counts construction, energy, mining and transport as key sector strengths. The team is also active in the public sector: Sally Woodward defended the Commissioner of Police and the New South Wales Police Force against discrimination and victimisation claims brought by a former employee. Additionally on the contentious side, David Cross represented DP World Sydney in proceedings to successfully enforce a non-competition restraint. Lendlease, JKC Australia LNG and ADCO Constructions are other representative clients. Public sector expert Sarah Ralph, practice head Martin Osborne and Jason Noakes are also recommended. Stuart Kollmorgen left the legal profession to join Future Fund Management Agency in October 2016. Norton Rose Fulbright and Henry Davis York have announced their intention to merge towards the end of 2017.

The β€˜proactive, considerate and client-focused’ team at Baker McKenzie has strong transactional, regulatory and contentious capabilities. The β€˜calm, thorough and client-focused’ Michael Michalandos, who heads the group jointly with Paul Brown, acted for Trilogy in proceedings brought by Crowe Howarth regarding the enforcement of post-employment restrictions following the departure of three key executives from the latter. Together with the β€˜friendly, proactive, creative and solution-focused’ Ben Burke, Michalandos advised Ardent Leisure on the investigation into the death of four people at its Dreamworld theme park in Queensland. Other clients include Appco Group, Caterpillar, Dell and Unilever. The Melbourne-based Sean Selleck is also recommended.

DLA Piper’s β€˜strong’ practice provides β€˜really good service’, and has excellent strength in depth. The β€˜fantastic’ Rick Catanzariti, who is β€˜super-knowledgeable, pragmatic and reliable’, defended a large rural health service and a state government insurer against a claim for breach of employment contract. Additionally in the healthcare space, Leanne Nickels assisted a major healthcare insurer with defending an unfair dismissal claim brought against an insured party. The Melbourne-based Catanzariti heads the group jointly with Nickels and Nicholas Turner in Perth and Sydney respectively. Andrew Ball and Kathy Dalton are also recommended. Brett Feltham left to join Gadens Lawyers in August 2017.

The β€˜excellent’ team at HWL Ebsworth, which provides β€˜great value for money’, is based across Sydney, Melbourne, Brisbane, Canberra and Perth. It is noted for its strength in insurance, unfair dismissals and workplace health and safety, and for advising the Australian government: Michael Will acted for various government departments, including the Australian Electoral Commission and the Australian Federal Police, on matters including compensation, alleged employee misconduct and executive employment contracts. Chris Egan assisted Fluor Australia with redundancies, industrial action and new EBAs arising out of the closure of the Hazelwood power station, Victoria. Erica Hartley is β€˜responsive and experienced’; Brad Swebeck and group head Mark Howard are other names to note. The practice also has offices in Adelaide and Hobart, where the key partners are Clare Raimondo and Sarah Sealy respectively.

Johnson Winter & Slattery’s β€˜proactive, practical’ department has β€˜great business knowledge and a deep understanding of employment law’. It is well known for its strength in contentious work and reputational damage issues: group leader Ruveni Kelleher acted for Seven Network in a high-profile dispute with a former employee regarding alleged expenses fraud and sexual harassment. Lucienne MummΓ© represented Yarra Trams in proceedings concerning alleged false imprisonment and breach of enterprise agreement, and advised Origin Energy as plaintiff on a successful permanent injunction against a former employee accused of sending confidential email to Origin’s competitors. The practice also has β€˜a real feel for transactional employment work’. β€˜Practical, no-nonsense’ special counsel Louise Russell has β€˜great industry knowledge and excellent judgement’.

K&L Gates’ β€˜commercial, risk-cognisant’ department handles contentious and non-contentious employment matters across a wide range of sectors. Group head Alice DeBoos acted for Essential Energy on various industrial relations matters, including the termination of an EBA and a successful application to the Fair Work Commission to terminate industrial action; she also advised CBA on international employment law compliance. The β€˜commercial, pragmatic’ Duncan Fletcher is β€˜technically knowledgeable and easy to work with’; he successfully represented Kentz Australia in a test case involving the interpretation of an EBA clause that applied to thousands of workers on the Gorgon LNG project. Peter Lupson is β€˜highly recommended’; Gerard Phillips, Christa Lenard and Nick Ruskin are also names to note. Michael Stutley made partner in Perth in July 2017.

The β€˜strong, well-trained’ five-partner team at King & Wood Mallesons provides β€˜consistently good service’ and can β€˜draw on resources across multiple state offices when required’. Murray Kellock and Andrew Gray are β€˜excellent communicators who provide clear, practical advice’; Kellock advised Bristol-Myers Squibb on the employment aspects of its global restructure. The β€˜very client-focused’ Philip Willox, who heads the group jointly with Kellock, has β€˜significant experience in managing complex, large-scale disputes’; he advised Griffin Coal Mining on its termination of an EBA in the face of heavy union opposition. Jamie Wells is the key partner in Brisbane; his clients include Energy Queensland and Queensland Urban Utilities. Special counsel Nicholas Beech joined the Perth office from Clyde & Co LLP in August 2016. Ruth Rosedale is a senior associate to watch.

Well known for its strength in the public sector, Maddocks’ largely Melbourne-based practice has excellent experience in EBAs, industrial relations and contentious work. Sydney practice head Bruce Heddle advised Ernst & Young on breach of restraint injunction proceedings regarding the theft of hundreds of documents by two former employees. Karli Evans, who made partner in January 2017, is an expert in construction-sector industrial relations: she acted for the Australian Building and Construction Commission in five separate proceedings against various unions regarding unlawful conduct on building sites in Victoria, Tasmania and Canberra. Lindy Richardson heads the Melbourne practice; Ross Jackson is also recommended. Vanessa Andersen and special counsel Bronwyn Maynard arrived from Henry Davis York in November 2016 and July 2017 respectively.

Allens’ β€˜very responsive and knowledgeable’ team advises high-profile clients on a wide range of contentious and non-contentious work. The β€˜knowledgeable, practical’ Veronica Siow acted for Sydney Airport on the retirement of its CEO, and advised the New South Wales Treasury on the employment and industrial relations aspects of the long-term leases of part of the electricity network operated by Ausgrid. Group head Simon Dewberry assisted Australia Post, Rio Tinto and ExxonMobil with various unrelated contentious matters, such as an investigation into Australia Post concerning allegations about staff treatment and union official behaviour. Peter Arthur is noted for his financial institutions experience: he represented RBS in proceedings regarding executives’ severance and bonus payments, and advised Westpac on contentious matters (including a class action) relating to the employment aspects of its merger with St. George Bank.

Based across Melbourne and Brisbane, the team at Gadens Lawyers assists clients with mass redundancies, EBAs, employee investigations, industrial disputes and the employment aspects of corporate transactions. Ian Dixon advised Denso Automotive Systems on making redundant 90% of its employees following its withdrawal from Australia, and acted for Ecogen Energy on negotiating a four-year EBA. Siobhan Mulcahy joined the Melbourne office in October 2016 from People + Culture Strategies; senior associate Marion Cole arrived from Thomson Geer three months later. In August 2017, Brett Feltham arrived from DLA Piper. Steven Troeth and Jonathon Hadley head the group.

Industrial relations work is the core strength of Hall & Wilcox’s β€˜fast, sensible’, β€˜knowledgeable and extremely commercial’ practice, which also handles smaller-scale employment matters and workplace health and safety. The β€˜speedy, cost-effective and always available’ Aaron Dearden, who is dual qualified in Australia and New Zealand, acted for BlueScope Steel on various contentious matters, including litigation against the Australian Workers Union concerning unlawful industrial action, and defence against unfair dismissal claims. Kylie Groves joined the Perth office from Squire Patton Boggs in March 2017, accompanied by special counsel Felicity Clarke. Karl Rozenbergs heads the practice; Mark Dunphy, the β€˜pragmatic’ Kerryn Tredwell and the β€˜exceptional’ Alison Baker are also names to note.

Employment boutique Harmers Workplace Lawyers provides β€˜a great level of service, with quick response times and well-structured advice’. Group head and name partner Michael Harmer, who has longstanding experience in industrial relations, negotiating EBAs and assisting clients with launching high-profile sexual harassment proceedings, represented Findex in a defamation case against a former employee. On the non-contentious side, Harmer advised the Port of Newcastle on renegotiating its EBA. Greg Robertson acted for Naiad Dynamics in a competition restraint case; Sandra Marks and Emma Pritchard are also recommended. Sudhir Sivarajah joined from Moray & Agnew in October 2016; Mark Bastick arrived from his own firm Guardian Legal Australia in March 2017.

Henry Davis York suffered the departures of key figures Tony Woods, Stephen Jauncey and Scarlet Reid in October 2017. Senior associate Sally Moten left to join Lander & Rogers in December 2017.

Commended for the β€˜outstanding advice’ it provides, the β€˜incredibly responsive’ team at KHQ Lawyers has β€˜deep experience in employment law’. β€˜Passionate, trustworthy’ and β€˜very savvy’ department head Chris Gianatti β€˜cuts to the core of problems, is acutely aware of clients’ needs and provides exceptionally good advice’. Broadspectrum instructed Gianatti on establishing its EBA and defending the EBA against proceedings brought by United Voice and the Transport Workers Union. Gianatti also advised Sony Interactive Entertainment Europe on a restructuring that involved the redundancy of the international managing director in Australia. Other clients include UGL, McConnell Dowell, John Holland and Boom Logistics. Senior associate Claire Brown is also recommended.

Especially active in the education, retail and financial services sectors, Lander & Rogers’ β€˜cost-effective’ team also has a strong public-sector track record. It has been particularly busy with competition restraint work and EBA negotiations; the β€˜unflappable’ Julian Riekert, who provides β€˜clear, practical and up-to-date advice’, acted for the Country Fire Authority of Victoria on its politically charged EBA. β€˜Very responsive, friendly’ group head Daniel Proietto provides β€˜easily understood advice in a timely manner’, and makes clients feel like β€˜nothing is ever a problem’. The β€˜very measured, reassuring and trustworthy’ Patrizia Mercuri has β€˜a great aptitude for understanding clients’ needs, and finds practical solutions for complex matters’. The β€˜personable’ Aaron Goonrey is β€˜easy to deal with, and provides practical advice with a genuine understanding of clients’ commercial drivers’. Derek Humphery-Smith is recommended for international work.

State government and local council work is the core strength of McCullough Robertson’s Brisbane-based practice, which also counts healthcare, aged care and natural resources as sector strengths. Group head Michael Moy defended Queensland Health against a back-pay claim, worth millions of Australian dollars, brought by workers union Together Queensland. Tim Longwill assisted a large aged-care provider with negotiating a new EBA, while workplace health and safety specialist Cameron Dean acted for Senex Energy on drafting and implementing its safety management plans for its Western Surat gas project. Lydia Daly made special counsel in July 2017.

Mills Oakley Lawyers’ four-partner team is based primarily in Melbourne, though Malcolm Davis, who β€˜appreciates clients’ needs and the nuances of their business’, is a key partner in Sydney. Davis advised Laing O’Rourke Australia on various matters concerning workplace and industrial relations. On the contentious side, Lisa Anaf defended Grill’d against unfair dismissal and adverse action claims brought by United Voice, and assisted it with implementing a new EBA for one of its restaurants. Ross Levin represented MSS Security in a claim brought by United Voice regarding alleged underpayments. Adam Lunn and special counsel Daniel White are also recommended.

The β€˜up-to-date’, β€˜always available’ team at Piper Alderman handles a wide range of matters, including unfair dismissals, EBAs, industrial relations and employee contracting issues. β€˜Creative’, β€˜no-nonsense’ practice head Tim Lange is commended for his β€˜very strategic approach, deep understanding, clear communication and warmth’; he defended Farstad Shipping against a breach of contract claim and an injury claim brought by a former employee. The department’s Adelaide office is very strong: the β€˜knowledgeable, approachable and practical’ David Ey is β€˜very experienced’ and provides β€˜detailed, well-thought-through advice’, while Erin McCarthy has β€˜extensive knowledge and experience, and quickly cuts through to the main issue’. In Sydney, the β€˜exceptional’ Tim Capelin β€˜breaks complex issues down to a more manageable level’. The β€˜very focused’ Ben Motro made special counsel in Sydney in July 2017. Bridgestone Australia, Gucci Australia and Hudson Global Resources are additional representative clients. In November 2017, Piper Alderman merged with Melbourne-based firm Norton Gledhill, welcoming employment expert Chris Hartigan to the team.

With capabilities across four offices, Thomson Geer’s practice has strength in depth and counts transactional support as a core capability. Litigators David Davies and Jacquie Seemann are the key partners in Sydney; Seeman is noted for her expertise in discrimination, harassment and investigations, and counts education, healthcare and sport as sector strengths. The Adelaide-based Karl Luke is best known for his health and safety work in heavy industry, and handles board training as well as advising clients on their compliance regimes and crisis management. Mark Branagan and Paul Ronfeldt are recommended in Melbourne; Andrew Cardell-Ree is the name to note in Brisbane.

Australian Business Lawyers & Advisors was bolstered by the arrival of workplace health and safety expert Alan Girle from HWL Ebsworth in June 2017. The seven-director practice handles industrial relations, EBA negotiations, mass dismissals, contracting issues, discrimination claims and workplace investigations. Nigel Ward is also recommended.

Especially active in contentious matters, Colin Biggers & Paisley’s β€˜speedy, knowledgeable and commercial’ practice handles a wide range of employment work, including transactional matters, employee restraint and compensation as well as workplace investigations. Brisbane practice head Megan Kavanagh represented a publicly listed IT company against a claim for alleged discrimination related to a spent criminal conviction, while the Sydney-based Kristen Lopes advised an automotive client on a disability discrimination claim. Cathryn Prowse, who heads the Melbourne practice, β€˜always goes the extra mile’ and β€˜explains complex legal principles in easily comprehensible terms’. In July 2017, Paul O’Halloran, a specialist in high-risk employment matters, joined from FCB Workplace Law. Greg McCann is recommended for workplace health and safety.

The Sydney-based team at Dentons handles EBAs, industrial disputes, workplace investigations and employee claims, and counts hospitality and aged care as a particular sector strength. Mark Sant assisted The Benevolent Society with its first EBA, while group head Stephanie Nicol acted for Lynch Group on renegotiating its own EBA. Nicol also advised a materials manufacturer and supplier on the employment aspects of its entry into the Australian market. Director Brendan Milne joined from Herbert Smith Freehills in April 2017.

DibbsBarker’s three-partner team, which is based in Sydney, advises high-profile clients on contentious and non-contentious employment matters; healthcare, life sciences and food and beverages are sectors of particular activity. Maree Skinner acted for Domino’s Pizza Enterprises on a new EBA covering 15,000 employees, and on an investigation into underpayments by the Fair Work Ombudsman. Fay Calderone advised Northern Beaches Council on employment issues relating to the amalgamated councils of Manly, Pittwater and Warringah, while on the transactional side Skinner and Leonard Lozina assisted Fresenius Group with the employment aspects of its purchase of CURA Day Hospitals Group.

Commended for its β€˜brilliant level of service’, Gilbert + Tobin’s one-partner department provides β€˜fast responses and clear assessments’, and is especially strong in the employment aspects of corporate transactions. β€˜Clear, confident and knowledgeable’ practice head Dianne Banks is β€˜a pleasure to work with’: supported by senior associate James Pomeroy, she acted for APN Outdoor Media Group on the employment aspects of its A$1.6bn merger with oOh!media, and assisted Quadrant Private Equity with the employment aspects of its A$400m acquisition of Fitness First. On the contentious side, Banks represented Pegela Rural Enterprises (now known as Ceres Agricultural) in a workplace health and safety case brought by SafeWork NSW. Other clients include the New South Wales Treasury, department store David Jones and The Benevolent Society.

Adam Salter is the key partner at Jones Day’s practice; he is particularly active on the contentious side, though also handles employment transaction-related employment work. Salter advised Boeing Australia Component Repairs on a dispute with the Australian Manufacturing Workers’ Union regarding the reclassification of numerous employees and their associated back-pay. He also assisted the administrators of Payless Shoes with making redundant the company’s 870 employees. Other clients include Aldi, Cylance and RTI Surgical.

Noted for its β€˜great strength in depth’ and its β€˜excellent knowledge of federal and state employment law’, Squire Patton Boggs’ department is based across Perth and Sydney, where the key partners are Bruno di Girolami and Anna Elliott respectively. While the Sydney office mostly handles day-to-day advisory work and transactional matters, the Perth office covers litigation and investigations. The β€˜very professional, sensitive’ di Girolami acted for Murdoch University on an investigation into misconduct claims concerning the Vice Chancellor, while Elliott assisted Live Nation with the employment aspects of its acquisition of Secret Sounds Group. Kylie Groves and special counsel Felicity Clarke left to join Hall & Wilcox in 2017.


Workplace health and safety (WHS)

Index of tables

  1. Labour and employment: workplace health and safety (WHS)
  2. Leading individuals
  3. Next generation lawyers

Leading individuals

  1. 1

Next generation lawyers

  1. 1
    • Danika Casey - Clayton Utz

Who Represents Who

Find out which law firms are representing which Workplace health and safety (WHS) clients in Australia using The Legal 500's new comprehensive database of law firm/client relationships. Instantly search over 925,000 relationships, including over 83,000 Fortune 500, 46,000 FTSE350 and 13,000 DAX 30 relationships globally. Access is free for in-house lawyers, and by subscription for law firms. For more information, contact david.burgess@legal500.com.

CLICK HERE TO VISIT THE WHO REPRESENTS WHO SITE

The team at Ashurst handles major safety incidents and assists high-profile clients with investigations, prosecutions and coronial inquests. The Brisbane-based James Hall represented all the major coal mining companies in Australia in a Queensland parliamentary inquiry into the incidence of coal worker pneumoconiosis. Marie-Claire Foley, who is based in Perth, acted for Alcoa of Australia in proceedings brought against it after a fatality at its Kwinana refinery. Other clients include Fletcher Building, Newcrest Mining and the government of New South Wales. The group’s key offices are in Sydney, Brisbane and Perth, though George Cooper and Jon Lovell are recommended in Melbourne and Canberra respectively. Lea Constantine heads the department out of Sydney. Trent Sebbens made partner in Sydney in April 2017.

The β€˜outstanding, extremely professional, well-informed’ two-partner practice at Herbert Smith Freehills is especially strong in infrastructure, energy and mining. Brisbane-based group head Harold Downes, who counts Sydney Motorway and South 32 among his clients, has longstanding experience in WHS compliance and dealing with workplace regulators, while Steve Bell, who is based in Melbourne, represented two transport infrastructure companies in unrelated civil and criminal proceedings by sector regulators.

With its excellent strength in depth, Clayton Utz’s practice is especially strong in Brisbane, where Hedy Cray and group head Shae McCartney are based; Melbourne-based partners Graham Smith and Stuart Pill are additional names to note. Strategic WHS advice is a particular strength, though McCartney advised several large clients in the wake of high-profile safety incidents, including fatalities and exposure to asbestos. Danika Casey, Robbie Walker and Jennifer Wyborn, who are based in Brisbane, Sydney and Canberra respectively, are also recommended; Casey joined from Norton Rose Fulbright in May 2017.

Noted for its β€˜excellent subject knowledge’, Clyde & Co LLP’s team is as strong in dispensing board-level strategic advice and reviewing clients’ safety management systems as it is in litigation and investigations. Widely respected department head Michael Tooma, who can β€˜answer any question posed to him’, advised VicTrack on externally assessing its safety framework and culture, and assisted Qube Holdings with all matters arising from the death of a heavy-vehicle driver from fire, including liability, internal and forensic investigations and the coronial inquiry. The β€˜engaging, enthusiastic and knowledgeable’ Alena Titterton advised the Department of Defence on delivering safety training courses to over 300 navy personnel. Vector is another client.

Corrs Chambers Westgarth’s β€˜very responsive, commercial and pragmatic’ practice provides β€˜a high level of service’; it counts energy and natural resources as particular sector strengths. Jack de Flamingh, who is commended for his β€˜solid legal understanding and his commercial management of matters’, advised Glencore on safety matters for 20 of its mines, and assisted Weir Minerals Australia with various WHS matters. John Tuck leads the department. In July 2017, Simon Billing left to set up S Billing & Associates.

Employment boutique Seyfarth Shaw LLP has a full-service workplace health and safety practice; Paul Cutrone and Jane Hall are the key partners in Sydney and Melbourne respectively. Hall acted for Victoria International Container Terminal, Australia’s first fully automated stevedoring operation, on all its workplace health and safety matters. Counsel Joanne Flitcroft and senior associate Sarah Goodhew are incident response experts. Sam Witton joined the Melbourne office from Herbert Smith Freehills in October 2017.

Though particularly busy in the construction and energy industries, the team at Colin Biggers & Paisley handles all manner of WHS work across a wide range of industries. Practice head Greg McCann, who is based in Sydney, defended the CEO of an international mining company in an officer liability case regarding a metalliferous mine site in New South Wales; his other clients include JSN Hanna. The Melbourne-based Cathryn Prowse acted for Aussie Signs on all matters arising out of the 2013 Swanston Street wall collapse that killed three people. Megan Kavanagh advised a national road freight carrier on the coronial investigation and Queensland WHS investigation in the wake of the death of an independent contractor who allegedly committed suicide because of workplace bullying.

The key pillars of HWL Ebsworth’s practice are major incident management, prosecutions, compliance training and strategic and day-to-day WHS advice; the department is noted for its strong connections with insurance clients. Ross Williams, Anthony Lawrence and Colin Almond acted for Frankipile Australia in a WorkSafe investigation and prosecution following a workplace fatality in Victoria. Perth-based group head Sarah Harrison is especially active in the energy, resources and transport sectors, and has handled all of BHP Billiton’s fatalities since 2000. Alan Girle left to join Australian Business Lawyers in June 2017.

Construction, healthcare, sport, agriculture and manufacturing have all been sectors of recent activity for K&L Gates’ four-partner practice, which is strong in regulatory work, investigations and incident response, especially with regard to fatalities. Sydney-based department head Gerard Phillips acted for the Hansen Yuncken/Leighton Contractors joint venture on all matters arising out of two fatalities during the Royal Adelaide Hospital project, including a two-week prosecution. John Makris, also based in Sydney, advised an aged-care provider on all issues surrounding a nursing home fire that resulted in numerous deaths. Paul Hardman and Duncan Fletcher are recommended in Brisbane and Perth respectively.

Well known for its work in the wake of high-profile workplace accidents and disasters, the β€˜well-trained’ team at King & Wood Mallesons also advises on WHS management systems. Andrew Gray and the β€˜prompt’ Murray Kellock are β€˜excellent communicators who provide clear, practical advice’. The β€˜very client-focused’ Philip Willox, who heads the group jointly with Kellock, acted for Birla Nifty in the prosecution brought by the Department of Mines and Petroleum after a worker at the Nifty Copper Mine in Pilbara, Western Australia was fatally injured. Gray advised SunRice on the regulatory investigation into a workplace fatality in 2014, and assisted it with enhancing its WHS governance regime. Star Entertainment Group is an additional client. Jamie Wells is recommended in Brisbane.

Lander & Rogers’ practice assists clients with incident response, coronial inquests and regulatory prosecutions as well as risk management and WHS training. β€˜Very responsive, friendly’ group head Daniel Proietto provides β€˜easily understood advice in a timely manner’, and makes clients feel like β€˜nothing is ever a problem’; he acted for an energy company on WHS compliance regarding an open-cut mine. Mark Diserio advised a building company on the WorkSafe prosecution that followed an accident involving an apprentice worker. The β€˜personable’ Aaron Goonrey is β€˜easy to deal with, and provides practical advice with a genuine understanding of clients’ commercial drivers’.

Active in investigations and contentious work as well as advising clients on WHS compliance and regulatory frameworks, Maddocks’ department is based across Melbourne and Sydney, where Catherine Dunlop and Bruce Heddle are the key partners respectively. Dunlop acted for VicRoads on the WorkSafe investigation into and prosecution of the death of a subcontractor in 2011, and on the client’s WHS strategy and supervision. She also advised Monash Health on WHS compliance, occupational violence at its hospitals, and the due diligence obligations of the board members. Transport Safety Victoria is another representative client.

The team at Minter Ellison is based across Brisbane, Perth and Sydney, where the key partners are Samantha Betzien, Craig Boyle and Harriet Eager respectively. It handles incident response, regulatory investigations, WHS training and litigation. Betzien acted for an international construction company with almost 4,000 employees on an investigation and prosecution following the injury of two contractors on one of its projects; Eager advised BOC and its subsidiary Elgas on a SafeWork NSW investigation into a fire-related incident in Muswellbrook that seriously injured two people. Other clients include Places Victoria and Infrastructure NSW.

Norton Rose Fulbright’s β€˜commercial, practical, invaluable’ practice β€˜actively engages’ with clients when assisting them with incident response, acting for them on regulatory investigations, advising them on WHS training or defending them in litigation. As well as having β€˜a detailed knowledge of the law’, Brisbane-based partner and group head Aaron Anderson β€˜thinks outside the box and provides excellent practical advice’; clients β€˜recommend him without hesitation’. He assisted Wilmar Sugar with applying for judicial review of a regulatory decision rejecting the client’s application for an enforceable undertaking following the death of a worker at a sugar mill. Betterlay Brick & Block Laying is another of his clients. β€˜Standout partner’ Katherine Morris is β€˜great to deal with, and provides spot-on advice’; Samantha Maddern and special counsel Nicki Milionis are also recommended. Norton Rose Fulbright and Henry Davis York have announced their intention to merge towards the end of 2017.


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    Β leading_lines_newsletter_dec_2017
  • DOJ Makes the Pilot Program Permanent and Announces FCPA Corporate Enforcement Policy

    The US Department of Justice ("DOJ") had announced a pilot program [1] ("Pilot Program") on April 5, 2016, which created new mitigation opportunities for companies that (i) voluntarily self-disclosed, (ii) cooperated fully, and (iii) took timely and appropriate remedial actions in FCPA matters that fell within the Fraud Section's mandate. The Pilot Program was to remain in effect for 1 year, starting from the day of its announcement. On March 10, 2017, the Acting Assistant Attorney General, Kenneth A. Blanco, announced in a speech that the Pilot Program would continue in full force until the DOJ reached a final decision on whether to extend it, and what revisions, if any, should be made to it. [2] The evaluation period of the Pilot Program ended on November 29, 2017, when Deputy Attorney General Rod Rosenstein announced the new FCPA Enforcement Policy ("Policy"), which effectively makes the Pilot Program permanent with some revisions. According to Deputy Attorney General Rosenstein, the FCPA Unit received 30 voluntary disclosures during the time period that the Pilot Program was in force, as opposed to 18 voluntary disclosures that were received during the previous 18-month period. The Policy has been incorporated into the United States Attorneys' Manual in order to "be readily understood and easily applied by busy prosecutors" as opposed to being promulgated in memorandum format. [3]
  • Effects of State of Emergency Law in Turkey On Prison Sentences Under Criminal Execution Laws

    With the Statutory Decree No.671 dated August 17, 2016, and the recent changes with Regulations No.29987 and No.29824 on Regulation Regarding an Amendment on Placement to Open Punishment Execution Facilities effecting execution of the Law No.5275 on Punishment Execution Law has introduced significant changes.
  • [SOUTH KOREA] Supreme Court Affirms Lower Decision, Finding Invalid the Regulations on Foreign ...

    Supreme Court Affirms Lower Court Decision, Finding Invalid the Regulations on Foreign Exchange Report on Incorporation of Offshore Subsidiary by an Offshore Company
  • Disputes on Health-Related Commercial Advertisements under Consumer Law

    Introduction
  • [SOUTH KOREA] New Administration’s Key Environmental Policies

    To step forward as an environment-friendly government, the Moon Jae-in Administration has announced its key environmental policies, including improving safety in chemical substances and household chemical products, and reinforcing implementation measures of the Paris Agreement.Β  Under the β€œsustainable development” paradigm, the new administration will continually promote new regulations to protect the environment and strengthen its enforcement of environmental regulations.
  • [SOUTH KOREA] Lower Court Issues Favorable Decision for 27,000 KIA Motors Employees in an ...

    Lower Court Issues Favorable Decision for 27,000 KIA Motors Employees in an Ordinary Wage CaseΒ 
  • SyCipLaw TMT Bulletin: β€œMore Philippine Data Privacy Act: Are you Ready for Phase II?”

    Controllers and processors who have completed Phase I registration with the National Privacy Commission (NPC) will now have to gear up for Phase II. Phase II involves providing the NPC certain information on the organization’s compliance with the Data Privacy Act (DPA).
  • Crowdfunding - The Path towards a regulatory Framework

    Β  The importance and feasibility of crowdfunding platforms is increasing in stature and importance for current and future the entrepreneurs. Malta has recently acceded to the rising trend by creating its first crowdfunding platform, ZAAR, a reward-based crowdfunding platform who has recently been awarded with the first prize in its section at the National Enterprise Support Awards 2016 also as well as being one of the local projects that have represented Malta at the European Enterprise Promotion Awards 2016, held in Slovakia. Nonetheless start-ups based in Malta with global aspirations often rely on international platforms. An increase in interest has emerged amongst the art and culture community as well in social entrepreneurship projects. Crowdfunding in Malta is still at the early stages of development. Despite this, there are endless opportunities for local entrepreneurs and the local business community. Research has shown that through international crowdfunding platforms, monies have been raised for projects in the field of gaming consoles, apps and software as well as for artistic projects. Β Testimony to this is a new game design studio in Malta, that launched its first game, Politicks, raised financing through the crowdfunding platform Indiegogo.

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