TERNOVSKI, Dimitri

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TERNOVSKI, Dimitri


 

Dimitri practises in commercial, industrial and administrative law, at both trial and appellate level. Dimitri also practises in appellate criminal law.

Dimitri's commercial practice covers the full breadth of commercial disputes, including contractual, trade practices, corporations and real property matters. Dimitri has a particular expertise in restraint of trade, economic torts, private international law and contempt of court.

Dimitri is regularly briefed in conviction and sentence appeals in the Victorian Court of Appeal.

Dimitri’s administrative law practice includes both judicial and merits review. He also advises and appears in matters involving Victorian and Commonwealth constitutional law.

Some of the recent cases in which Dimitri appeared include:

Contractual and trade practices

Monash IVF Pty Limited v Dr Lynne Burmeister (Supreme Court of NSW, Hammerschlag J, 2017)
Restraint of trade — Proceeding settled — Dimitri was led by Jon Davis QC — Instructed by Macpherson Kelley.

Cargill Australia Ltd v Viterra Malt Pty Ltd [2017] VSC 126
Client legal privilege — Issue waiver — Fraud exception — Independence of inhouse counsel — Dimitri was led by Kevin Lyons QC — Instructed by Gilbert + Tobin.

Just Group Ltd v Peck [2016] VSC 614
Restraint of trade — Dimitri was led by Stuart Wood QC — Instructed by Arnold Bloch Leibler.

DPN Solutions Pty Ltd v Tridant Pty Ltd [2014] VSC 511
Breach of contract — Misleading or deceptive conduct — Unconscionable conduct — Estoppel — Dimitri was led by John Snaden — Instructed by Mills Oakley Lawyers.

Economic torts

Boral Resources (Vic) Pty Ltd v CFMEU (Supreme Court of Victoria, Bell J, 2015)
Tort of intimidation — Public settlement reached after 10 days of trial — Dimitri was led by Charles Scerri QC and Stuart Wood QC — Instructed by Herbert Smith Freehills.

CFMEU v Boral Resources (Vic) Pty Ltd [2015] HCATrans 122
Whether the tort of intimidation exists in Australia — Dimitri was led by Stuart Wood QC — Instructed by Herbert Smith Freehills.

CFMEU v Boral Resources (Vic) Pty Ltd [2015] HCATrans 3
Stay application — Dimitri was led by Stuart Wood QC — Instructed by Herbert Smith Freehills.

CFMEU v Boral Resources (Vic) Pty Ltd (2014) 45 VR 571, (2014) 318 ALR 107, [2014] VSCA 348
Whether the tort of intimidation exists in Australia — Dimitri was led by Stuart Wood QC — Instructed by Herbert Smith Freehills.

Regulatory

Ezy Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134
Accessorial liability — Civil penalty — Whether wilful blindness constitutes deemed or constructive knowledge — Whether accessory to an award contravention needs to know the terms of the award — Dimitri was led by Jon Davis QC — Instructed by HWL Ebsworth.

Private international law

Monash IVF Pty Limited v Dr Lynne Burmeister (No 2) [2017] NSWSC 903
Application to transfer proceeding — Dimitri was led by Jon Davis QC — Instructed by Macpherson Kelley.

Contempt of court

CFMEU v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375, (2015) 320 ALR 448, [2015] HCA 21
Discovery in a contempt proceeding — Dimitri was led by Stuart Wood QC — Instructed by Fisher Cartwright Berriman Lawyers.

CFMEU v Boral Resources (Vic) Pty Ltd (2014) 47 VR 527, [2014] VSCA 261
Discovery in a contempt proceeding — Dimitri was led by Stuart Wood QC — Instructed by Fisher Cartwright Berriman.

Industrial

Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138 (special leave application pending)
Meaning of a "day" of personal/carer's leave in s 96 of the Fair Work Act 2009 — Dimitri was led by Stuart Wood QC — Instructed by the Australian Industry Group.

Broadspectrum (Australia) Pty Ltd v United Voice [2019] HCATrans 57
Application for special leave — Judicial review of a decision of the Fair Work Commission — Whether an employee engaged for the principal purpose of performing preparatory work for a new enterprise is covered by an enterprise agreement if the employee is intended to transition to work regulated by the agreement when the new enterprise begins trading — Dimitri was led by Stuart Wood QC — Instructed by KHQ Lawyers.

Karijini Rail Pty Ltd Rail Operations Pilbara Enterprise Agreement 2018 [2019] FWCA 6451
Enterprise agreement approval application — Whether a breach of s 180(5) of the Fair Work Act 2009 can be cured by an undertaking — Whether a breach of s 180(5) of the Fair Work Act 2009 a "minor procedural or technical error" within the meaning of s 188(2) — Dimitri was led by Stuart Wood QC — Instructed by S Billing & Associates.

Karijini Rail Pty Ltd [2019] FWC 2907
Enterprise agreement approval application — Whether the employees who voted for the agreement are covered by it — Whether the agreement passes the BOOT — Whether the employer took all reasonable steps to explain the terms of the agreement and their effect —Dimitri was led by Stuart Wood QC — Instructed by S Billing & Associates.

Application for termination of the Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Retail Agreement 2011 [2017] FWCFB 3131
Dimitri was led by Stuart Wood QC — Instructed by Seyfarth Shaw Australia.

Costs

Boral Resources (Vic) Pty Ltd v CFMEU [2014] VSC 528
Dimitri was not led — Instructed by Herbert Smith Freehills.

Revenue

Commissioner of State Revenue v Kimiora (2016) 309 FLR 277, [2016] FCCA 1229
Construction of the Taxation Administration Act 1997 (Vic) — Dimitri was led by Tyson Wodak — Instructed by the State Revenue Office.

Merits review

Vassiliou and Migration Agents Registration Authority [2013] AATA 905
Review of a decision to suspend registration of a migration agent — Dimitri was not led.

Criminal appeals

Gill v The Queen [2016] VSCA 261
Dimitri was not led — Instructed by Michael J Gleeson & Associates.

Ross v The Queen [2015] VSCA 302
Dimitri was not led — Instructed by Michael J Gleeson & Associates.

Patrick v The Queen [2014] HCATrans 295
Dimitri was not led — Instructed by Paul Vale Criminal Law.

Singh v The Queen [2014] VSCA 250
Dimitri was not led — Instructed by Michael J Gleeson & Associates.

Donka v The Queen (Unreported, Court of Appeal, Neave JA, 6 August 2014)
Dimitri was not led — Instructed by David Barrese & Associates.

Rich v The Queen (2014) 43 VR 558, (2014) 286 FLR 251, (2014) 312 ALR 429, [2014] VSCA 126
Dimitri was led by Theo Alexander — Instructed by Tait Lawyers.

Dang v The Queen (2014) 43 VR 29, [2014] VSCA 49
Dimitri was led by Ben Ihle — Instructed by David Barrese & Associates.

Baini v The Queen [2013] HCATrans 276
Dimitri was led by Theo Alexander — Instructed by Defteros Lawyers.

Dimitri read with Rowena Orr QC.

Before coming to the Bar, Dimitri was an associate to the Honourable Chief Justice Warren AC and the Honourable Justices Cavanough and Digby at the Supreme Court of Victoria.

Before studying law, Dimitri ran a software company.

Dimitri has a Bachelor of Laws (First Class Honours) from the University of Melbourne and a Bachelor of Computer Science from Monash University.

Publications

Theo Alexander and Dimitri Ternovski, ‘War of the Words: the New Meaning of Substantial Miscarriage of Justice’ (2014) 88.04 Law Institute Journal 42.

Dimitri Ternovski and Nawaar Hassan, ‘Looking for Greener Grass’ (2012) 86.1/2 Law Institute Journal 60 (a primer in choice of law in tort for personal injury practitioners).


 


 

 

From 16 May 2013, liability limited by a scheme approved under Professional Standards legislation.


 


 

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