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 and industrial law, and has specialist experience in discrimination and human rights cases.

Jenny appears in the High Court, Supreme Court, Federal Court and in various tribunals. She acts for a diverse range of clients including listed companies, government agencies, regulators, insurers, associations and individuals. Jenny has a national practice and advises and appears interstate.

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 was awarded a First Class Honours degree in law from the University of Melbourne. She has a graduate diploma in Labour Relations Law from the University of Melbourne.

Jenny is the Acting Chair of the Victorian Bar’s Equality and Diversity Committee and a Member of the Industrial Bar Association Committee.

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

Appeals

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

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

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

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

Regional Express Holdings Ltd v Australian Federation of Air Pilots (2016) 244 FCR 344; [2016] FCAFC 147, Full Federal Court Appeal

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

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

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

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

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

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

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

Whitmore v Berkeley Challenge Pty Ltd [2004] AIRC 59, Appeal from an unfair dismissal claim

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

Class actions

Petersen 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, briefed by the Department of Sustainability and Environment

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

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, discrimination claim

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, discrimination claim

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

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

Dickie v State of Victoria & Ors [2009] VCAT 713, discrimination claim

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

Mangan v Melbourne Cricket Club [2006] VCAT 73, discrimination claim

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

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

Stockdale v Colliers Jardine (Vic) Pty Ltd & Anor [2003] VCAT 590, 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

Employment / Industrial

Metropolitan Fire and Emergency Services Board[2018] FWC 2441, application for referral to the Federal Court on behalf of the Minister for Jobs and Industrial Relations

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

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

Godfreys Employee Collective Agreement [2018] FWCA 6804, termination of enterprise agreement (acting for Godfreys)

Australian Building and Construction Commissioner v Connstruction, 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

Application by the Metropolitan Fire and Emergency Services Board [2018] FWC 3220, Fair Work Commission application to intervene on behalf of the Minister for the Workplace

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)

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

Commercial / Contract

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

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

Disciplinary

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

Dr Sam Beitner [2003] MPBV 29, Medical Board Review


 


 


 


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


 

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