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Recent Select Cases
OSEI V PK SIMPSON PTY LTD
Appeared for both respondents on an appeal concerning the interpretation of the costs capping provisions in a professional indemnity case pursuant to the Civil Liability Act NSW 2000.
HY-TEC INDUSTRIES V PARRAMATTA CITY COUNCIL
Successful Class 1 appeal against a refusal for development consent by Parramatta City Council in respect of a temporary concrete batching plant on contaminated land where the issues concerned contamination, acoustics, geotechnical engineering and hydrology.
Loukis v Compaction & Soil Testing Services Pty Ltd
As Senior Counsel, Jodi appeared before Driver J and was successful in establishing that an employer cannot be held to have engaged in adverse action if it is ignorant of the workplace right alleged to have been exercised.
SafeWork NSW v Assign Blue Pty Ltd
As Senior Counsel, Jodi successfully defended a work, health and safety prosecution which is now the leading authority with respect to work, health and safety obligations of labour hire companies. This is the most significant decision on this issue since Drake Personnel Pty Limited (1999) 90 IR 432.
National Aboriginal and Torres Strait Islander Health Workers Association (NATSIHWA)
Full Bench of the Fair Work Commission
Jodi successfully appeared before the Full Bench of the Fair Work Commission in a landmark industrial case seeking to change the modern Award for the National Aboriginal and Torres Strait Islander Health Worker Association (NATSIHWA), on an application for a review of the Aboriginal and Community Controlled Health Services Award 2010. It is a key objective of the Australian government to close the gap between Aboriginal and/or Torres Strait Islanders’ health, and that of and other Australians. Jodi was successfully able to change coverage so that the award now extends to the private sector. There has not been any other successful change to coverage since the introduction of the modern award system. This case is therefore not only socially significant, but legally significant.
JONES v MURRUMBIDGEE IRRIGATION (NO 2)
Supreme Court of New South Wales
Jodi was successful in defending a high value 17-day test case for Murrumbidgee Irrigation, one of Australia’s largest private irrigation companies. The case turned on cross-examination of experts as to the manner in which Murrumbidgee Irrigation operated its irrigation network and the requirement or otherwise for irrigation water to reach a certain standard. A successful outcome in the proceedings was important to the viability of the entire irrigation scheme. Jodi was also successful in her objections to the plaintiff’s expert evidence [2019] NSWSC 1228.
BASHIR v ALEX PERRY LIMITED
Fair Work Commission
Jodi successfully defended an unfair dismissal claim made by a former employee against her client, internationally renowned fashion designer and creator, Alex Perry in a case which turned on her cross-examination. This matter established a precedent that verbal abuse can be deemed a work, health and safety issue. This argument had not been previously made to the Fair Work Commission. This matter attracted media attention.
ANTHONY v MORTON
Supreme Court of New South Wales
Together with Ian Jackman SC and Lucy Robb Vujcic, Jodi acted for Kate Morton, a New York Times and London Times best-selling author. Ms Morton was successful both in defending her former literary agent’s claim for in contract for ongoing commission on her novels and in winning her cross-claim against her former literary agent for professional negligence. This matter also attracted media attention.
SEARLE v COMMONWEALTH OF AUSTRALIA
Supreme Court of New South Wales
This class action, which garnered widespread media attention, had significant potential consequences for the Commonwealth of Australia and Royal Australian Navy as to its reputation and recruitment generally, as well as the quantum of the claim. Jodi appeared with Greg Sirtes SC for the Commonwealth of Australia in this class action against it by a class of approximately 280 sailors. The sailors alleged that the Commonwealth had failed to provide a trade qualification in accordance with alleged promises/representations, resulting in claimed losses of approximately AUD $45 million. Jodi’s client, the Commonwealth of Australia, successfully defended the action at first instance.