KIRKWOOD, Jonathan

Enquiry / Availability

KIRKWOOD, Jonathan


Areas of Practice

  • Administrative Law
  • Commercial
  • Constitutional
  • Defamation
  • Employment/Industrial
  • Equal Opportunity/Discrimination
  • Equity/Equitable Relief/Trusts
  • Intellectual Property
  • Trade Practices

Jonathan practises in commercial law, public law, industrial law, media law, torts and class actions. He has advised and appeared at trial and appellate level for a diverse range of clients including corporations, government agencies, unions and individuals.

Before coming to the Bar, he worked as Chief of Staff to Commonwealth Attorney-General Robert McClelland, as a Senior Associate in Commercial Dispute Resolution at Holding Redlich Lawyers, and as an Associate to Justice Michael Moore at the Federal Court.

He has a Bachelor of Arts in French and a Bachelor of Laws (Hons I) from the University of Sydney, and a Bachelor of Science with a double major in mathematics and physics from the University of Melbourne. He also has a Diploma of French Language from the University of Strasbourg, and studied Mandarin at Fudan University in Shanghai.

Jonathan's litigation experience includes handling complex scientific and engineering expert evidence in a range of proceedings.

He read with Bernie Quinn QC.

Matters in which he has acted have included:

Commercial law

Acting for the CITIC parties in several proceedings relating to the Sino Iron Project:

- Proceedings in the Federal Court alleging breaches of contract, unconscionable conduct and estoppel in relation to mine continuation proposals under a State Agreement: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd & Ors (2018-), led by John Karkar QC, instructed by Herbert Smith Freehills

- Proceedings in the Court of Appeal of Western Australia involving a contractual dispute relating to a production royalty: Sino Iron Pty Ltd & Ors v Mineralogy Pty Ltd (2018-), led by Alan Archibald QC and Charles Scerri QC, instructed by Allens

- Proceedings in the Supreme Court of Western Australia involving a contractual dispute concerning a Site Remediation Fund, and an application to replace a trustee: Mineralogy Pty Ltd v Sino Iron Pty Ltd & Ors (2018-), led by Kanaga Dharmananda SC, instructed by Allens

Acting for a respondent bank in a class action in the Federal Court alleging breaches of contract and unconscionable conduct in relation to 7-Eleven franchises: Davaria v 7-Eleven Stores Pty Ltd & Ors (2018-), led by Michael O'Bryan QC, instructed by Herbert Smith Freehills

Acting for a bidco in a scheme of arrangement proceeding in the Supreme Court of Victoria: Re Zenitas Healthcare Ltd (2018), instructed by Herbert Smith Freehills

Acting for the respondent bank in Federal Court proceedings concerning responsible lending obligations in the context of motor vehicle finance: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd [2018] FCA 155, led by Alan Archibald QC, instructed by Herbert Smith Freehills

Acting for several defendants in two securities class actions in the Federal Court concerning accounting and forecast financial information in the dairy industry, and trustee obligations of a responsible entity: Webster v Murray Goulburn Co-operative Co. Ltd & Ors [2018] FCA 990; [2017] FCA 1260, 995; Endeavour River Pty Ltd v MG Responsible Entity Ltd (2018-), led by Wendy Harris QC, instructed by Herbert Smith Freehills

Acting for the applicant in a securities class action in the Federal Court concerning forecast financial information relating to an infant milk formula business: McKay Super Solutions Pty Ltd (Trustee) v Bellamy’s Australia Ltd [2017] FCA 947, led by Rachel Doyle SC, instructed by Slater + Gordon

Acting for the respondent in a securities class action in the Federal Court concerning accounting and forecast financial information relating to a facilities services business: Court v Spotless Group Holdings Ltd (2017-), led by Michael Garner, instructed by Colin Biggers & Paisley

Acting for a retailer in relation to an Australian Securities and Investments Commission investigation and infringement notice concerning continuous disclosure (2017), instructed by Herbert Smith Freehills

Acting for a law firm in Federal Court proceedings relating to the approval of a settlement of a managed investment scheme class action: Kelly v Willmott Forests Ltd (2017), led by Richard Attiwill QC, instructed by Macpherson Kelley

Acting for the respondent gold mining company in a securities class action in the Federal Court concerning gold production outlook and impairment assessments: Earglow Pty Ltd v Newcrest Mining Ltd (2015-2016), led by Wendy Harris QC, instructed by Herbert Smith Freehills (settled)

Torts

Acting for a third party medical services provider in a class action in the Supreme Court of Victoria in proceedings alleging negligence and false imprisonment relating to the Manus Island Regional Processing Centre: Kamasaee v Commonwealth of Australia & Ors (2017), led by Richard Attiwill QC, instructed by Barry Nilsson Lawyers (settled)

Acting for a defendant electricity distribution company in a class action in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2014 Mickleham bushfire: Williams v AusNet Electricity Services Pty Ltd & Ors (2016-2017), led by Michael Wheelahan QC, instructed by Herbert Smith Freehills (settled)

Acting for a former football player in relation to claims against Essendon Football Club and the Australian Football League arising from the Essendon supplements program (2016), instructed by Schetzer Constantinou (settled)

Acting for a defendant electricity distribution company in three class actions in the Supreme Court of Victoria alleging negligence, breach of statutory duty and nuisance in connection with the 2009 Beechworth, Kilmore East-Kinglake and Murrindindi bushfires: Mercieca v SPI Electricity Pty Ltd & Ors (2012), led by Jonathan Beach QC (settled); Matthews v SPI Electricity Pty Ltd & Ors (2012-2014), led by Jonathan Beach QC and Bernie Quinn QC (settled following 208 day trial); Rowe v AusNet Electricity Services Pty Ltd & Ors (2014-2015), led by Philip Solomon QC and Bernie Quinn QC (settled), instructed by Herbert Smith Freehills

Public law

Acting for the defendants in a proceeding in the Supreme Court of Victoria concerning a political party preselection: Barker v Australian Labor Party & Ors [2018] VSC 596, 646, instructed by Holding Redlich

Acting for the Secretary to the Department of Justice and Regulation in the Supreme Court of Victoria and the Court of Appeal opposing a judicial review application to restrain the conduct of the VEOHRC Independent Equity and Diversity Review of the Country Fire Authority and the Metropolitan Fire Brigade: United Firefighters’ Union v VEOHRC & Anor [2018] VSCA 252; [2017] VSC 773, led by Melinda Richards SC, instructed by Victorian Government Solicitor’s Office

Advising Victorian Government agencies on various constitutional and legislative issues (2016-2017), with Richard Niall QC, Solicitor-General for Victoria, instructed by Victorian Government Solicitor’s Office

Acting for several third parties in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to commercial information: Medibank Private Ltd v Alfred Health & Ors (2017), instructed by Herbert Smith Freehills (settled)

Acting for the applicant in freedom of information proceedings in the Victorian Civil and Administrative Tribunal concerning access to research data: Johnson v Cancer Council Victoria [2016] VCAT 1596, led by Charles Scerri QC, instructed by Herbert Smith Freehills

Acting for the Commonwealth in Federal Court proceedings concerning the Royal Commissions Act 1902 (Cth): CW3 v Commonwealth of Australia (2014), led by Stephen Donaghue QC, instructed by Australian Government Solicitor (settled)

Acting for the appellant union in High Court proceedings concerning the constitutional validity and statutory interpretation of retrospective legislation: Australian Education Union v General Manager of Fair Work Australia [2012] HCA 19, led by Peter Hanks QC, instructed by Holding Redlich

Acting for the respondent Members of Parliament in election petition proceedings in the Federal Court under the Commonwealth Electoral Act 1918 (Cth): Green v Bradbury [2011] FCA 71, Freemantle v O'Neill [2011] FCA 72, led by Bret Walker SC and Tony Lang, instructed by Slater + Gordon

Acting for a defendant in an injunction application in the Supreme Court of Victoria concerning a political party preselection: Jackson v Bitar [2011] VSC 11, led by Kristine Hanscombe QC, instructed by Holding Redlich

Industrial law

Acting for a respondent labour hire company in a class action in the Federal Court concerning casual employment: Turner v TESA Mining (NSW) Pty Ltd & Ors (2018-), led by Paul O'Grady QC, instructed by Herbert Smith Freehills

Acting for the applicant teacher in a proceeding in the Federal Court alleging breaches of an enterprise agreement concerning fixed term employment at a TAFE institute: Kappes v Goulburn Ovens Institute of Technical and Further Education (2017-18), instructed by Holding Redlich

Acting for the respondent union in an application by a university in the Fair Work Commission to terminate an enterprise agreement: Murdoch University [2017] FWCA 4472; and for the respondent union and its officers in Federal Court proceedings concerning enterprise bargaining: Murdoch University v National Tertiary Education Industry Union & Ors [2017] FCA 1507, led by Richard Attiwill QC, instructed by Maurice Blackburn

Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Court alleging breaches of statutory governance obligations by the Health Services Union and its former officers: General Manager of the Fair Work Commission v Thomson [2015] FCA 308 and 1001, led by Stephen Donaghue QC, instructed by Corrs Chambers Westgarth; and General Manager of Fair Work Australia v Health Services Union & Ors [2014] FCA 970, led by Stephen Donaghue QC, instructed by Australian Government Solicitor

Acting for the applicant union in an application in the Fair Work Commission for a majority support determination relating to editorial staff in the Australian Football League's media operation, AFL Media: Media, Entertainment and Arts Alliance v Australian Football League [2014] FWC 8898, instructed by Maurice Blackburn

Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Magistrates' Court of Victoria alleging underpayment of award wages and record-keeping contraventions by a 7-Eleven franchisee affecting employees on international student visas: Fair Work Ombudsman v Bosen Pty Ltd & Ors [2011] VMC 21, instructed by Maurice Blackburn and FWO

Acting for the applicant Commonwealth regulator in civil penalty proceedings in the Federal Magistrates' Court alleging underpayment of award wages affecting employees on 457 visas and apprentices: Fair Work Ombudsman v Taj Palace Tandoori Indian Restaurant Pty Ltd[2012] FMCA 258, instructed by FWO; Fair Work Ombudsman v Bottcher [2010] FMCA 956, instructed by FCB Workplace Law

Acting for the applicant forensic scientist in Federal Court proceedings against the Chief Commissioner of Police seeking an injunction against suspension from employment under the Public Administration Act 2004 (Vic): Quinn v Overland [2010] FCA 799, led by Rachel Doyle SC, instructed by Maurice Blackburn

Acting for the respondent employer in proceedings in Fair Work Australia concerning a dismissal based on redundancy: Nichols v Hoad Fabrics Corp Pty Ltd [2010] FWA 6205, instructed by Holding Redlich

Acting for the respondent employee in appeal proceedings in Fair Work Australia concerning the power to grant permission to appeal: GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343, instructed by the National Union of Workers

Defamation

Acting for a proposed defendant in defamation proceedings in the Supreme Court of Victoria concerning a limitation period: Johnston v Holland [2017] VSC 448, instructed by Slater + Gordon

Acting for the plaintiff in defamation proceedings in the County Court of Victoria concerning a limitation period: Van Garderen v Channel Seven Melbourne Pty Ltd & Ors [2016] VCC 953, instructed by Holding Redlich

Acting for a defendant litigation funder and its managing director in defamation proceedings in the Supreme Court of Victoria and Court of Appeal: Barrow v McLernon & IMF (Australia) Ltd [2012] VSC 134 and 313, led by Stephen O'Meara QC, instructed by Arnold Bloch Leibler

Acting for a former Victorian Government Minister defending defamation proceedings in the Supreme Court of Victoria: Lovell v Holding (2011-2012), led by Georgina Schoff QC, instructed by Holding Redlich (settled)

Acting for a financial advisory firm and its officers in proceedings in the ACT Supreme Court involving allegations of defamation and misuse of confidential information: Taylor v Dixon Advisory Ltd & Ors (2009-2011), led by Jeremy Ruskin QC, instructed by Slater + Gordon (settled)


 

 


From 04 Jun 2009, liability limited by a scheme approved under Professional Standards legislation.


 

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