FIRKIN, Jenny QC

Enquiry / Availability

FIRKIN, Jenny QC


Areas of Practice

Common Law/Personal Injury

  • Negligence
Class Actions

Commercial

  • Contractual Disputes

Public/Administrative

  • Appellate
  • Civil and Human Rights
  • Discrimination

Appellate

  • Civil Appeals

Industrial/Employment

  • Appellate
  • Discrimination
  • Employment Contracts and Restraint of Trade
  • Industrial Disputes and statutory employment rights
  • Public Sector Appeals

 

Jenny is a highly experienced appellate and trial advocate with a broad practice. Jenny has extensive experience in general appellate work and class actions. She practises in all areas of employment, industrial and discrimination law.

Jenny appears in the High Court, Federal Court, Supreme Courts and various tribunals. She has a national practice and acts for a diverse range of clients.

Jenny was awarded a First Class Honours degree in law from the University of Melbourne. She has a Bachelor of Science from Monash University, and a graduate diploma in Labour Relations Law from the University of Melbourne.

Before joining the Bar, Jenny practiced as a solicitor at Galbally & O’Bryan in the Commercial Litigation department, and Herbert Smith Freehills in Employee Relations.

Jenny is the Chair of the Victorian Bar’s Equality and Diversity Committee and a Member of the Law Council of Australia’s Equal Opportunity Committee.

Some of the cases in which Jenny has been involved in include:

 

Appeals

Fair Work Ombudsman v Hu & Ors [2020] HCATrans 11, Special Leave application to the High Court concerning accessorial liability and pieceworker rates

Regional Express Holdings Limited v Australian Federation of Air Pilots [2017] HCA 55; [2017] HCATrans 178, High Court Appeal concerning the statutory construction of s.540(6) of the Fair Work Act 2009 (union standing to pursue civil penalties)

Regional Express Holdings Limited v Australian Federation of Air Pilots [2017] HCATrans 105, Special Leave application to the High Court

Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd & Ors (2015) 256 CLR 137; [2015] HCA 45, High Court Appeal regarding the statutory construction of s.357 of the Fair Work Act 2009 (sham contracting)

Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd & Ors [2015] HCATrans 193, High Court Special Leave Application

Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134, Full Federal Court Appeal concerning accessorial liability

Regional Express Holdings Ltd v Australian Federation of Air Pilots (2016) 244 FCR 344; [2016] FCAFC 147, Full Federal Court Appeal concerning the statutory construction of s.540(6) of the Fair Work Act 2009

Regional Express Holdings Ltd v Australian Federation of Air Pilots [2016] FCA 367, Application for Leave to Appeal

Pitt v OneSteel Reinforcing Pty Limited [2008] FCA 923, Federal Court application for leave to appeal the decision to dismiss discrimination proceedings

Pepe v Platypus Asset Management Pty Ltd (2013) 46 VR 694; [2013] VSCA 38, Supreme Court Appeal regarding an executive contract dispute

Shark Fin Burwood Pty Ltd v Ducgo Pty Ltd [2003] VSCA 20, Supreme Court Appeal regarding damages for breach of contract

Suleyman v The Speaker of the Legislative Assembly & Anor (2013, unreported), application for leave to appeal to the Supreme Court Court of Appeal from a discrimination claim

Jennings v Department of Education & Early Childhood Development (2012, unreported), Application for leave to appeal to the Supreme Court from a discrimination claim

The Hon. Christian Porter MP, Attorney General and Minister for Industrial Relations v Metropolitan Fire and Emergency Services Board [2019] FWCFB 6255, Appeal concerning the statutory construction of the term ‘discrimination’ in s.195 of the Fair Work Act 2009

Australian Manufacturing Workers’ Union v Paper Australia Pty Ltd T/A Australian Paper [2018] FWCFB 2011, Appeal from order under s.425 of the Fair Work Act 2009 (suspended protected industrial action)

Forbes v The Secretary to the Department of Education and Early Childhood Development (2010, unreported), Appeal to the Disciplinary Appeals Board under the Education and Training Reform Act 2006

 

Class actions and Royal Commissions

Royal Commission into Violence Abuse Neglect and Exploitation of People with Disability [2019]

Petersen v WorkPac Pty Ltd [2019 – ongoing], Federal Court class action regarding the classification of casual employees

Renyard v WorkPac Pty Ltd [2019 – ongoing], Federal Court class action regarding the classification of casual employees

Kelehear v Stellar Personnel Brisbane Pty Limited & Ors [2019 – ongoing], Federal Court class action regarding the classification of casual employees

Kamasaee v Commonwealth of Australia [2016- 2017], Supreme Court class action regarding regional processing on Manus Island

Rowe v SPI Electricity Pty Ltd [2013 – 2015], Supreme Court class action arising out of the Murrindindi bushfire on Black Saturday

Matthews v SPI Electricity Pty Ltd [2010 – 2014], Supreme Court class action arising out of the Kilmore bushfire on Black Saturday

 

Employment / Industrial / Contract / Commercial

Metropolitan Fire and Emergency Services Board [2018] FWC 2441, application for referral to the Federal Court

Minister for Jobs and Industrial Relations; Minister for Women – Application for review of a decision [2019] FWC 1228, application for a stay

Application by the Metropolitan Fire and Emergency Services Board [2019] FWC 106, opposing approval of enterprise agreement containing discriminatory terms

Godfreys Employee Collective Agreement [2018] FWCA 6804, termination of enterprise agreement

Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Parliament Square Case) (No 2) [2018] FCA 1201, penalties for contraventions of the Fair Work Act 2009

Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Parliament Square Case) [2018] FCA 1080, contraventions of s.500 of the Fair Work Act 2009 (rights of entry)

Application by the Metropolitan Fire and Emergency Services Board [2018] FWC 3220, Fair Work Commission application to intervene

Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (MV Portland Separate Question Case) [2018] FCA 956

Australian Manufacturing Workers' Union v Boeing Australia Component Repairs Pty Ltd [2017] FWC 2392, dispute arising under enterprise agreement regarding the proper construction of the re-classification clause

Nel v Western Health [2016] FWC 3666, opposing extension of time for general protection proceedings

Hegarty v Commonwealth of Australia [2016] FWC 117, dispute arising under enterprise agreement with respect to the Superannuation Act 1990 (Cth)

Pepe v Platypus Asset Management Pty Ltd (2011, unreported), Supreme Court application for a Mareva Injunction

Pepe v Platypus Asset Management Pty Ltd (No 2) [2011] VSC 2, Supreme Court executive contract dispute (costs)

Pepe v Platypus Asset Management Pty Ltd [2010] VSC 603; (No 2) [2011] VSC 21, Supreme Court executive contract dispute

Quinn v Overland [2010] FCA 799, Federal Court application for an interlocutory injunction to restrain suspension of employment

The Australian Workers’ Union v Western Port Pipe and Mechanical Services Pty Ltd [2010] FWA 2864, statutory construction of the Commission’s power to compel production of documents

Nash v HyGain (2005, unreported), Supreme Court application for an interlocutory injunction to enforce restraint of trade

De Angelis v De Angelis (2003) 7 VR 331; [2003] VSC 83, Supreme Court application to strike out family testator maintenance claim

Abiye v General Motors Acceptance Corporation Australia [2003] VCAT 1170, Consumer Code application

Raschilla v General Motors Acceptance Corporation Australia [2002] VCAT 1653, Consumer Code application

 

Discrimination

Bashour v Australian and New Zealand Banking Group Limited [2017] FCA 163, discrimination claim (costs)

Jennings v Department of Education & Early Childhood Development [2012] VCAT 131, pregnancy discrimination claim by a teacher

Harley v Commonwealth of Australia [2011] FMCA 197, Federal Magistrates’ Court application for appointment of a Court expert in discrimination proceedings

Suleyman v The Speaker of the Legislative Assembly & Anor [2011] VCAT 2305, claim of discrimination on the basis of political activity by an electorate officer

Harley v Commonwealth of Australia [2010] FMCA 1029, Federal Magistrates’ Court application for trial of a separate question in discrimination proceedings

Mik v Hilakari & Ors [2009] VCAT 902, strike out application of a discrimination claim concerning a student association

Tarpey v State of Victoria [2009] VCAT 410, strike out application of a discrimination claim by a parent

Dickie v State of Victoria & Ors [2009] VCAT 713, racial discrimination claim by a teacher

Mangan v Melbourne Cricket Club [2006] VCAT 792, discrimination claim (costs)

Mangan v Melbourne Cricket Club [2006] VCAT 73, sex discrimination claim concerning “Ladies’ tickets”

Golten v Pink Healthcare Services [2005] VCAT 825, sexual harassment claim

Taylor v Moorabbin Saints Junior Football League and Football Victoria Ltd [2004] VCAT 158, sex discrimination claim by female footballers

Stockdale v Colliers Jardine (Vic) Pty Ltd & Anor [2003] VCAT 590, strike out application of an age discrimination claim

Smith v Football Victoria Ltd [2003] VCAT 936, application for interim order to restrain the prevention of girls from participating in the Junior Football league

Boxall v Chisholm Institute of TAFE [2003] VCAT 125, application for interim order to restrain termination of employment

 

 

 



 


 


 


From 31st May 2012, liability limited by a scheme approved under Professional Standards legislation. 


 

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