Introduction
ALB Guide: Employment Law 2009 is the latest in an exciting series of detailed insights into specific practice areas and the leading firms and lawyers operating within them. By combining specific new research (among client companies, peers and other sources) with the ALB database and third-party market information, ALB Guides arrive at lists of 'leading firms' and 'recommended firms' as well as 'leading lawyers' in each practice area covered.
State of the market
As Work Choices legislation slowly draws to an end, law firms are busy with work that the new Fair Work Bill has brought to employment practices.
Lawyers had previously anticipated that the new legislation would bring a strong line of business, which proved to be the case for Mallesons Stephen Jaques partner Murray Kellock. "The predictions have come true and our practice is performing strongly. There has been a significant increase in clients, and requests for advice from existing clients. All our workplace lawyers are fully utilised, and we will be very busy for the next 12 months," he says.
For Kellock, the work has been a mixture of litigation, strategic industrial advice on legislative reform, renegotiating and entering collective employee agreements before the Fair Work regime takes effect on 1 July, and advice on transitioning to the new Fair Work enterprise bargaining regime. There has also been advisory work on rights and risks associated with downsizing, restructuring and redundancy, as well as the proposed amendments to the employee share schemes.
Holman Webb Lawyers workplace relations partner Tony Gooch has similarly noticed a significant increase in his workflow. "Within one week I received enquiries from six senior executives seeking advice and there is every indication there will be a 20-25% increase in employment law work," he says.
Herbert Geer employment and workplace relations partner Kathy Dalton has also seen steady growth of about 10%. She says the past few months have been the most active and work is likely to include restructuring, unfair dismissals, senior executive termination disputes and enterprise bargaining. "Financial services are where the immediate impact of the downturn will be seen. We are anticipating an increase in disputes over enterprise bargaining and that partly has to do with there being less money available for employers and rising unemployment," she says.
New Zealand lawyers have, meanwhile, noticed that the differences in Kiwi and Australian employment legislation are bringing them a good line of unfair dismissal work. Hesketh Henry partner Jim Roberts believes the largest source of work since the 2001 dot-com bubble burst came when several 'problematic' Australian senior executives travelled to New Zealand to terminate staff, without undergoing any formal process. "They simply informed staff of their termination and asked them to sign a deed of release. Now this was fatal since Kiwi consultation requirements for redundancy far exceed that of Australia and the most common remedy for unjustified dismissal is reinstatement, now you can just imagine how the Aussie managing director or CEO felt about that," he says.
Australian senior executives and directors are common in New Zealand, and corporate boards often consist of both Kiwi and Australian directors, partly due to significant investment between the two countries. So far Roberts has observed a new trend of Australian clients seeking advice prior to executing retrenchments. This is partly because more of them are aware of the differences in Kiwi employment law. "We are currently working on a process involving a US-headquartered company, where it has insisted that the business avoid redundancies in both Australia and New Zealand - a positive change," he says.
Tighter regulation of executive remuneration, share plans and termination payments has also brought considerable work to Australian firms. "Termination benefits for directors and certain outgoing senior executives exceeding 12 months average base salary will require prior shareholder approval. This has created a lot of work in advising both publicly-listed and private corporate clients. The draft legislation requires a shareholder vote after an executive departure and a meeting cannot be held for the sole or dominant purpose of passing the approval resolution. Holding the vote months after the executive has left may be impractical," says Kellock.
However, Gooch is less optimistic that government-related employment work will increase, because departments are keeping it in-house. Most of the work is likely to be found in the private sector, he says.
SYDNEY
Sydney saw the vast majority of employment work. Some clients noted that while partners from large firms were “excellent”, something their lawyers at the “next level down” could build on. Other clients felt that the “big name” firms could be more aggressive and commercially savvy.
When asked about fees, clients said they wanted to see less frequent billing and more fixed fees. One client said that partner hourly fees were about A$575m, which was reasonable given that M&A partners can cost about A$700 per hour.
FCB, formerly known as Fisher Cartwright Berriman, was not only strong at employment litigation, but also the cheapest firm because they “did not waste client money” on billing. The firm had a strong commercial representation of businesses for general employment issues, dispute resolution, contracts, technical interpretation and statutory requirements. Unlike its competitors, the firm took a “principled” approach and refrained from quickly pushing clients through to litigation. Written submissions produced by FCB were “first rate”, and the firm had a “well-rounded” team.
When litigation was unavoidable, Alistair Salmon was “excellent” in the courtroom and had an “edge” that numerous top tier partners could not match. One client chose Salmon for his “finesse”, quick turnaround that cut two weeks’ work into just 24 hours and “high-profile matters” he was involved in.
Managing partner Campbell Fisher was able to talk at all levels of staff, from board directors to blue collar employees, understandable, persuasive, strategic, lateral and brilliant in his thinking. One client thought he was the “most sought after” practitioner for employment legal advice. Another client said he made an effort to understand all personalities involved – especially union personnel and tribunal members – in IR and tailored his advice accordingly. His case theory, strategy and preparation were sound.
Benjamin Gee was contactable at any time of day, helped find good strategies and saw things through to implementation. Jessica Fisher and Sue Barnes were often the first points of call.
Gilbert + Tobin was one of the most pragmatic and commercial law firms, with a depth of expertise in employment law. One client noted that the firm’s partner hourly rates may at first seem higher than other firms, but in the long-run clients saved money because the firm endeavoured to cut unnecessary costs.
“Top tiers would throw six juniors into a matter, but G+T would use just two. Clients prefer to deal with a junior instead of a partner that can push the bill up,” the client said. The staff was commercially minded in keeping memos, emails and phone calls short and “punchy”.
Dianne Banks was “terrific”, “pragmatic” and ‘straight to the point’. She gave good value and was generally good at teamwork, particularly liaising with her colleagues, and gave good complimentary business advice. Kim McGuren was always available, easy-going and quick to respond for employment contracts and acquisitions. James Pomeroy was mentioned as well.
Holding Redlich was a top pick for its knowledge of industrial relations issues, commercial issues, employment contracts, templates, and advice on how to comply with legislation. One client though the firm was good for service agreements, handling employee assignments, harassment issues, human resources (HR) policy changes and industrial relations matters.
Stephen Trew was business-minded, thorough, quick, and good at reviewing contract templates and legislation. Clients said he demonstrated competence and expertise in his advice and representation of IR issues, discrimination and other employment matters. Michael Selinger was mentioned for his OH&S legal expertise.
Deacons was “fantastic”, “great” for depth of knowledge, rarely lost a case and excelled at client service. The firm’s attentiveness and ability to go above and beyond, even for very complex matters, led clients to turn to them time and again.
Wayne Spanner was the “cleverest lawyer” that one client had ever met, and the “most client-oriented”, personable, pragmatic and solution-focused. Michael Tooma was known as a leading OH&S lawyer, while David Cross was mentioned for his key role in advising on the Workplace Relations Act.
Tresscox Lawyers was often turned to for advice on termination, redundancy, employment contracts, drafting policies and implementation. Peta Tumpey had loyal clients who praised her practical and sensible approach, skill in risk management and ability to speak in “non-legal” plain English.
Herbert Geer was chosen for its success in winning major industrial disputes - clients could not fault the firm. They thought that Malcolm Davis was “pretty crash hot” for litigation.
Henry Davis York’s rates were competitive and advice was “great” for most employment issues.Tony Woods was practical and commercial.
DLA Phillips Fox was considered to be a reputable firm, where Andrew Ball was a “first class operator”. Judith Healy was known for her years of experience in employment law and litigation.
Truman Hoyle was chosen for the fundamental “day-to-day employment matters” and Shawn Skyring was a “nice” guy. Fiona Inverarity was also mentioned.
Harmers Workplace Lawyers’ Joydeep Hor was well-respected for his work on discrimination, equal opportunity and IR. Emma Pritchard and Shana Schreier-Joffe were mentioned for employment and industrial law.
Holman Webb’s Tony Gooch was mentioned for workplace relations, OH&S and dispute resolution, while both Robin Young and Paul Wholohan were mentioned for his workers compensation expertise.
Maddocks’ Darren Gardner was also mentioned.
Australian Business Lawyers was a trusted source of legal advice. Siobhan Flores-Walsh did exceptionally well in safety prosecution and advising on OH&S legislation. Managing partner Tim Capelin was respected for his long experience in employment law. Tony Vernier was known as an accredited specialist in employment and industrial law.
Workplace Law director Athena Koelmeyer, who works with diverse organisations, was singled out for her practical approach and application of laws.
Stevens & Associates’ Nick Stevens was good for individual employment issues.
Australian Industry Group’s Ron Baragry was mentioned.
Hunt & Hunt was also mentioned.
Clayton Utz was professional in conduct, proficient, understood how to negotiate and achieve a quick turnaround. One client said the firm did not “muck around” in the way it avoided charging for “enormous” amounts of research.
Joe Catanzariti gave advice that was practical and no-nonsense. His ability to litigate and appeal was “second to none”. He was also a regular legal adviser to Federal Government. Maurice Baroni was an “up-and-coming guru” in employment-related transport matters. John Oakes was known for his construction-related employment advice. Bruce Heddle was mentioned for general employment.
Minter Ellison’s employment practice was strong on depth and technical expertise. Managing partner Andrew Cunningham, was considered the primary point of contact and the most experienced among major financial services clients. Jim Fox and Kelly Halpin were competent, “experts” in matters of an industrial nature, and in courts and tribunals for IR, discrimination and employment issues.
Jennifer Patterson was good for employment agreements.
Gareth Jolly, Gordon Williams were mentioned for their ability to give an overall perspective.
Blake Dawson was particularly good for workplace relations matters. Stephen Woodbury and Adrian Morris were understanding, practical, fantastic in their grasp of the law, and sensitive to client needs.
And clients also had no hesitation in turning to Rachel Bernasconi and Justin Li for issues of an industrial or employment-related nature. Lea Constantine was mentioned for OH&S, Jan Dransfield was chosen for discrimination, and Stephen Nettleton was mention for industrial relations and safety.
Mallesons Stephen Jaques was chosen high-level advice on senior corporate staff structures and employer-related tax advice. Susan Hilliard was considered to be quite the professional, and competitively priced partner. Andrew Gray and Brian Murphy were mentioned for their work on employee plans and executive remuneration.
Allen Arthur Robinson was considered to be one of the best law firms. Peter Arthur and Tim Frost were mentioned for litigious issues Victoria Poole was chosen for remuneration issues, Adrian Chek was mentioned for remuneration tax.
Freehills was often chosen for strategic employment work. Miles Bastick was competent and receptive, while Anthony Longland also performed well. Darren Perry was known for his employment and industrial relations work.
MELBOURNE
Melbourne clients indicated that partner hourly fees were slightly less than Sydney, averaging about A$550.
Holding Redlich was strong at collective agreements, setting up employment contracts, and employment aspects in transfer of business. The firm was also popular for litigation, IR issues, commercial issues, reviewing employment contracts and compliance with legislation.
Charles Power was professional, accommodating, pragmatic, accessible, “great” at listening, friendly, knowledgeable, and client-focused. He had a common-sense approach, did not get caught up with the “black and white of the legal side”, and was prompt in representation at the Industrial Relations Commission. Meg Crawford was always available for a quick phone call, authoritative and gave quick advice.
Trindade Farr & Pill was chosen for its technical and practical advice with a strong client focus. It had excellent value for money, owing to the low cost structure of the firm. Andrew Farr was strong on common law claims and discrimination cases, and quick to recommend strategies that minimised exposure to claims, “even if it meant less work for him on the file”. One client said that “such a direct focus on the best interests of the client was not always evident when dealing with other practitioners, but he was able to adapt his style to the precise needs of the client”.
Farr also educated his clients on “technical and practical realities of the law”. His insight and knowledge of a wide range of legal technicalities and knowledge of relevant authorities was highly praised.
Dan Trindade and Stuart Pill were also highly regarded.
Herbert Geer was a “winner” when it came to major industrial litigation. Clients had no complaints and commended the firm on its personal one-on-one client relationships. Kathy Dalton was easygoing, accessible, receptive to client needs, and provided written or spoken advice in a prompt, clear, concise and personal manner.
Chris Hartigan was the “best in his field” and Victorian clients thought that he was the best industrial litigator. Louise Russell was a partner that clients wanted in their “corner”. And Paul Ludeke was a workplace relations specialist.
Arnold Bloch Leibler was another strong contender for employment discussions and legislation matters.
Kishanie Wijewickrama was well-experienced, well-organised and “terrific” partner to deal with. She had a broad knowledge, was able to think logically about how issues affected the workplace, and was a “warm” and inviting communicator. Henry Skene was engaging, strategic, well-versed in his area, industry-focused, and contemporary with his knowledge of legislative amendments.
Corrs Chambers Westgarth was praised for its work on IR, litigation, workplace relations and OH&S.
Val Gostencnik was an “effective practitioner” with strong and established relationships with government. His knowledge of government and what works was most appreciated. He also charged relatively less than other national firms from an hourly perspective. Heidi Roberts was considered to be an effective and successful legal expert.
Macpherson + Kelley was noted for its advice on contract sign-overs and structuring collective agreements. Sam Eichenbaum was great at interpreting complex areas of workplace legislation to resolve breaches, and easy to talk to. Deivina Peethamparam was “approachable” and worked well with clients.
James Sturgess was also singled out for praise. Rob Jackson was known for OH&S and employment migration, Philip Duffy was mentioned for WorkCover, while Tracey Davies and Kerrie Murphy were mentioned for general employment and contractual disputes.
Deacons was not only noted for its employment work, but also its pro bono advice. Michael Serong had forged long-term friendships that ensured that clients always kept him in mind. Stuart Kollmorgen was mentioned for his work on the Workplace Relations Act, while Sarah Ralph was mentioned for her work on the Workplace Pulse – a survey exploring workplace relations issues and trends.
DLA Phillips Fox’s Nick Ruskin, John Tuck and Rick Catanzariti were known for their advice on industrial strategy and IR issues.
Maddocks’ Catherine Dunlop was professional and dedicated to her work, while Ross Jackson and Karl Blake were “bloody good lawyers”.
FCB’s Matthew Robinson was the first point of contact for employment matters.
Harmers’ Lesley Maclou was mentioned for workplace relations.
CCI Lawyers’ Meaghan Bare was “very strong” on employment law.
Minters had “excellent” junior staff who clients were “more than happy” to turn to for advice. The firm’s seconded lawyers were efficient at getting to know clients, which made the firm’s relationship with clients much stronger.
Amanda Watt was professional and highly praised, because she took the time to get to know her clients, offered commercial legal advice and avoided being overly technical. Richard Murphy and Michael Tehan were chosen for litigation and high-end advice.
Freehills’ Kate Jenkins was very professional at discrimination matters, and generally “cut to the chase” without resorting to long legal advice. Her commercial perspective was appreciated among clients from a cost perspective.
Anthony Wood was “superb”, while Chris Gardner was very highly regarded. Graeme Smith and Paul Burns were equally competent.
Mallesons’ Murray Kellock was named the “employment law guru”. Alison Lansley was mentioned for her work for executives on option arrangements and retirement. Andrew Clements had a strong profile for tax-related employment matters.
Blake’s Richard Bunting, Steven Amendola and Jenny Mansfield were the “three guns”.
Clayton Utz’s Graham Smith was highly respected as an “intellectual gun”, especially in his work on university IR matters. Glen Bartlett was mentioned for industrial matters.
Allens’ Adam Lunn and Maryjane Crabtree were mentioned for general employment. Sarah Bernhardt was mentioned for remuneration tax.
BRISBANE
When it came to fees, Brisbane was a city of extremes. Smaller firms tended to charge lower partner hourly rates (A$525) than their Sydney and Melbourne counterparts, and some partners at large specialist employment law firms were charging from A$700-1,000 per hour.
Cooper Grace Ward was very reasonably priced and clients felt that the high calibre of its staff alone would warrant “higher fees”, without bringing too many complaints.
Heinz Lepahe was “awesome” in his work and clients followed him no matter where he decided to ‘drop anchor’. He was trusted, frank in his advice, and able to present options without telling clients how to do their job. One client felt he was a “total legal professional” with a good understanding of client confidentiality, discretion and current developments. He was appreciated for his ability to always be accessible to his clients.
David Grace was mentioned for OH&S. Gemma Sharpe, Annie Smeaton and Stephen Goldsworthy were also highly regarded as prompt and informative practitioners.
Holding Redlich was the preferred choice for conveyancing, HR and litigation. Paul Hardman was proactive and honest in his fees, billing amounts that were about half of what larger employment specialist firms charge.
Holman Webb’s Brad Petley was mentioned for employment and industrial relations.
Harmers’ Jamie Robinson was mentioned for employee relations.
DLA Phillips Fox’s John Lunny was mentioned.
Herbert Geer’s Andrew Cardell-Ree was mentioned for workplace relations.
Minters was a “quality” firm, with top-notch staff. Dan Williams was the “best in the country” across all aspects of employment law. He was exemplary in all respects.
Blakes’ Ian Humphreys was commended for his expertise in a range of employment issues. Vince Rogers was mentioned for IR and safety.
Mallesons’ John Humphrey was mentioned.
Freehills’ Mike Coonan was “first class” for industrial relations, specialising in construction projects.
Allens’ Jamie Wells was mentioned for general employment issues.
Clayton Utz’s Hedy Cray was “outstanding” in her work.
ADELAIDE
Adelaide has been quite a unique market, where local firms still receive a significant share of the employment work. One client commented that some may choose top tier because they are top tiers, however, her company went through a selection process that determined that top tiers were not necessarily providing better service, even though they were charging at a “premium”. Partner hourly rates averaged A$485-500.
Finlaysons was chosen for its “industrial instruments”, namely Australian Workplace Agreements, “ad hoc” termination advice, WorkCover claims, collective agreements and general advice. The firm was lean with its partner hourly rates. Grant Archer was excellent at providing useful and practical strategic advice. He was knowledgeable, approachable, commercial in his advice, kept up with developments, and “always delivered a good product”. Clare Raimondo was chosen for negotiating enterprise agreements.
DLA Phillips Fox’s Ben Duggan was highly respected for his advice.
Kelly & Co’s Jacqueline Ion was very “switched on” and intelligent. Michael Durrant was noted for his OH&S and dispute resolution expertise.
EMA Legal was chosen for legal advice on union and WorkCover matters. Kaye Smith was approachable, informative and timely.
In Canberra Blakes’ Paul Vane-Tempest was mentioned for employment and government-related matters.
PERTH
In Perth clients expressed their wishes for fewer peripheries in their external legal advice. One client observed that partners could rely more on the knowledge of their senior associates, because it was adequate for what clients needed.
Jackson McDonald was considered to be most experienced at employment aspects of local government law. The firm had competent senior and junior lawyers, who left clients satisfied with the advice provided to them.
Stephen Kemp was professional to the extent that some of his clients would simply not move until he, himself, was confident in his advice. Clients appreciated how he would not proceed until he fully understood the issues. The result was accurate and useful legal advice that delivered the desired outcome. The firm was also praised for its fine selection of senior associates. Luke Paterson was a good legal practitioner with a friendly approach.
Civic Legal was described by one client as the “preferred legal firm” for Western Australian local government entities. Anthony Quahe was mentioned for workplace solutions.
DLA Phillips Fox’s Allan Drake-Brockman and Simon Billing were mentioned.
Mossensons was mentioned as a very pleasant firm to deal with, with Ian Mossensons mentioned as the first point of call.
Freehills was highly regarded for employment relation (ER) strategies and litigious issues.
Russell Allen was often chosen and preferred for his membership on numerous government boards. Clients said he was “fabulous customer focus, delivered on-time and are commercially focused”. Erica Hartley and Philip Willox were equally strategic and “fabulous” at advising on implementing ER strategies. Kathy Reid was also mentioned as “fantastic” and the “one to watch”.
Blakes’ Tony Davies was praised for his “black letter” ER work. Clients said he was thorough, informative, client focused, gave strong advice with a range of options, and someone who projected a “credible image” to senior management. David Parker was mentioned for his advice on interpretation of legislation and agreements. Marie-Claire Foley was mentioned for OH&S and discrimination.
Mallesons’ Rob Lilburne and Nigel Hunt were mentioned.
Allens’ Stephen McComish was mentioned for general employment.
Clayton Utz’s Saul Harben was known for his mining IR advice.
NEW ZEALAND
Simpson Grierson was possibly the most highly regarded and capable law firm for general employment matters and legal challenges arising from the bargaining process. Phillipa Muir was recognised as a “top employment partner” because of her charming approach and ability to service “huge amounts” of clients. She was commercial, responsive and good at presenting to client staff.
John Rooney was a great employment litigator, thorough, on-top of his work and diplomatic. Shan Wilson was “fantastic” at employment dispute resolution and sensitive to client needs. Samantha Turner was also mentioned.
Bell Gully gained much of its employment work through cross-referral from its relatively strong corporate practice.
The firm was consistently ranked among the top employment legal advisers and was prompt at providing advice. Rob Towner was recognised as a pragmatic and commercially minded legal expert.
He was highly regarded for his representations at Employment Relationship Authority hearings. One client said that his greatest strength was in arguing the legalities of a case, because he did thorough researched and seemed authoritative. Another client highly recommended him as good for any work they “threw” his way.
Kensington Swan was an efficient firm. Susan Hornsby-Geluk was pragmatic, had good knowledge of her client’s industry, got to the point and was considerate of costs to her clients.
Grant Nicholson was much sought after for his health and safety advice, and clients had full confidence in his team. And Clayton Kimpton was a “high flying” partner.
Russell McVeagh was praised as having several of the top 20 New Zealand corporations among its clients, and received a significant amount of work through them. Richard McIlraith was singled out for praise.
Similarly, Chapman Tripp had a strong corporate client base and received much of the employment work through cross-referrals.
Clients considered Doug Alderslade to be the best partner for all aspects of employment law.
Minter Ellison Rudd Watts’ Jennifer Mills was singled out as one of the most senior partners in the employment practice. Clients felt that she was “brilliant”.
DLA Phillips Fox’s Sean O’Sullivan and John Hannan were mentioned.
LangtonHudsonButcher was described as a “leading boutique firm” and chosen for its “low cost but capable” advice on complex employment matters. One client said that Stephen Langton’s hourly fees were less expensive than some of the larger firms.
Kiely Thompson Caisley was a “conquerable” firm for general employment advice and litigation.
Peter Kiely was recognised as a “leader” within the legal procession and among corporates. His regular participation at employment seminars was well-regarded.
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METHODOLOGY
In the preparation of this report, ALB conducted telephone interviews with Australian and New Zealand companies and law firms. In addition, ALB sought opinions from Australian and New Zealand partners. Please note that in the state of the market local firms are listed first followed by national firms, arranged according to feedback received. Interviews were mainly conducted in the two-week period from 13 May to 28 May 2009.
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Leading firms
NB: Firms are listed alphabetically under each subheading
SYDNEY
• AUSTRALIAN BUSINESS LAWYERS
• DEACONS
• FCB
• GILBERT + TOBIN
• HERBERT GEER
• HOLDING REDLICH
• TRESSCOX LAWYERS
MELBOURNE
• ARNOLD BLOCH LEIBLER
• CORRS CHAMBERS WESTGARTH
• FCB
• HERBERT GEER
• HOLDING REDLICH
• TRINDADE FARR & PILL
BRISBANE
• COOPER GRACE WARD
• DLA PHILLIPS FOX
• HARMERS
• HERBERT GEER
• HOLDING REDLICH
ADELAIDE
• DLA PHILLIPS FOX
• FINLAYSONS
• KELLY & CO
PERTH
• CIVIC LEGAL
• JACKSON MCDONALD
NEW ZEALAND
• BELL GULLY
• CHAPMAN TRIPP
• HESKETH HENRY
• KENSINGTON SWAN
• RUSSELL MCVEAGH
• SIMPSON GRIERSON
NATIONAL TOP TIER FIRMS
• BLAKE DAWSON
• CLAYTON UTZ
• FREEHILLS
• MALLESONS STEPHEN JAQUES
• MINTER ELLISON
Other recommended firms
NB: Firms are listed in alphabetical order under each subheading
SYDNEY
• DLA PHILLIPS FOX
• HARMERS WORKPLACE LAWYERS
• HENRY DAVIS YORK
• HERBERT GEER
• TRUMAN HOYLE
MELBOURNE
• DEACONS
• DLA PHILLIPS FOX
• FCB
• MACPHERSON + KELLEY
• MADDOCKS
ADELAIDE
• EMA LEGAL
PERTH
• DLA PHILLIPS FOX
• MOSSENSONS
NEW ZEALAND
• DLA PHILLIPS FOX
• KIELY THOMPSON CAISLEY
• LANGTONHUDSONBUTCHER
• MINTER ELLISON RUDD WATTS
NATIONAL TOP TIER FIRMS
• ALLENS ARTHUR ROBINSON
Leading lawyers
NB: Listed alphabetically by surname
RUSSELL ALLEN
Firm: Freehills
Location: Perth
• Practice areas: employee relations, workplace relations, general employment
• Practised employee relations and industrial law for more than 20 years
• Acted on landmark cases in industrial relations, including national wage cases and test cases, involving demarcation and technological change
GRANT ARCHER
Firm: Finlaysons
Location: Adelaide
• Head of workplace practice
• Practice areas: workplace, occupational health & safety, welfare, industrial, workers compensation
• Nationally recognised leader in workplace legal advice, extensive industry involvement as member of OH&S committees, self-insured employer representative groups
DIANNE BANKS
Firm: Gilbert + Tobin
Location: Sydney
• Practice areas: employment, industrial, litigation
• Advised on employment contracts, employee share option plans, performance management, termination, industrial issues in M&A
• Clients include government, telcos, technology and entertainment entities
JOE CATANZARITI
Firm: Clayton Utz
Location: Sydney
• Head of national workplace relations, employment & safety practice
• Practice areas: workplace relations, employment, safety, government, corporate governance, transport, M&A, PE
• Wide-ranging experience in employment relations strategies, industrial disputes, OH&S, employee fraud, discrimination, senior executive remuneration & termination
TONY DAVIES
Firm: Blake Dawson
Location: Perth
• Practice areas: employment, occupational health & safety, workplace relations, workplace training
• Advised on workplace reform, industrial disputes, transmission of business, employment arrangements, discrimination, workplace investigations, privacy
• Memberships: Australian Labour Lawyer Association, Australian Human Resources Institute, Industrial Relations Society of Western Australia
ANDREW FARR
Firm: Trindade Farr & Pill
Location: Melbourne
• Founding partner of firm
• Practice areas: industrial disputes, enterprise bargaining, employment, unfair dismissal, discrimination, organisational change, advocacy
• Advised on strategic planning, all aspects of industrial relations, employment, matters before the industrial tribunal
CAMPBELL FISHER
Firm: FCB
Location: Sydney
• Managing partner of specialist firm
• Practice areas: employment, industrial disputes, executive terminations, unfair contracts, change management, employee relations, OH&S
• Acted for Recruitment and Labour Hire Industry on defence of Labor Council’s application in Secure Employment Test Case (NSW)
VAL GOSTENCNIK
Firm: Corrs Chambers Westgarth
Location: Melbourne
• Head of Melbourne workplace relations practice
• Practice areas: workplace relations, corporate, public & international
• Acted for range of government and private sector clients in litigious, OH&S, industrial relations, employment, administrative issues
PAUL HARDMAN
Firm: Holding Redlich
Location: Brisbane
• Practice areas: employment, industrial relations, migration, OH&S, administrative, dispute resolution
• Acted for multinational mining, transport & telco entities, government entities, associations, Japanese Government
• Memberships: Migration Institute of Australia, Australian Institute of Administrative Law, Queensland Law Society
SUSAN HORNSBY-GELUK
Firm: Kensington Swan
Location: Wellington
• Main practice area employment
• Nationally recognised with 15 years of employment law experience
• Significant experience in dealing with unions, developing industrial relations practices to help organisations achieve the best from their staff
KATE JENKINS
Firm: Freehills
Location: Melbourne
• Head of national equal opportunity & diversity practice
• Practice areas: employee relations, privacy, equal opportunity, discrimination, training, general employment
• Acted for clients in a range of sectors, including banking, retailing, manufacturing, communications, government
STEPHEN KEMP
Firm: Jackson McDonald
Location: Perth
• Practice areas: industrial relations, employment, equal opportunity, discrimination, OH&S, workers compensation
• Conducts litigation on employment matters in all tribunals and courts
• Memberships: convenor of Law Society of Western Australia’s Workplace Relations Committee, Industrial Relations Society of Western Australia
HEINZ LEPAHE
Firm: Cooper Grace Ward
Location: Brisbane
• Practice areas: employment, workplace relations, enterprise bargaining, transmission of business, OH&S, unfair dismissal, industrial disputes, discrimination
• Acted for Bechtel Australia, Boral, Williams Corporation, Thiess, Warner Brothers, Tyco International, Suncorp, Workpac, Jupiters
• Memberships: Queensland Law Society, Queensland Industrial Relations Society, Australian Human Resource Institute, Australian Institute of Company Directors
PHILLIPA MUIR
Firm: Simpson Grierson
Location: Auckland
• Head of employment practice
• Main practice area employment
• Acted on first major damages claim from an employer against a union, first successful "stress" damages case at Court of Appeal, first employment law case at New Zealand's Supreme Court, strikes, pickets, trade restraints
CHARLES POWER
Firm: Holding Redlich
Location: Melbourne
• Practice areas: employment, industrial relations, OH&S, dispute resolution
• Strong practice representing employers, government, insolvency practitioners, senior executives on all aspects of employment and industrial law
• Memberships: advisory board to Centre for Employment & Labour Relations Law (University of Melbourne), Australian Human Resources Institute, founding member of Australian Labour Law Association
WAYNE SPANNER
Firm: Deacons
Location: Sydney
• Practice areas: workplace relations, OH&S, remuneration & benefits
• Highly regarded workplace relations lawyer with 20 years’ experience that includes practising in South Africa, work history in government, manufacturing, IT, financial services
• Regularly appears before Anti-Discrimination Board, Equal Opportunity Tribunal, Human Rights and Equal Opportunity Commission
ROB TOWNER
Firm: Bell Gully
Location: Auckland
• Head of employment practice
• Practice areas: employment, industrial disputes, litigation
• Advised on employment agreements, employment aspects of transactions, dismissals, discrimination, restraint of trade, labour disputes
• Memberships: past chairman of International Bar Association’s Employment & Industrial Relations Law Committee
STEPHEN TREW
Firm: Holding Redlich
Location: Sydney
• Practice areas: employment, industrial relations, OH&S, dispute resolution
• Acted for media industry on employment and workplace relations issues; employment issues in purchase, sale or transmission of businesses; employers in unfair dismissal and contract claim disputes at Australian Industrial Relations Commission and the Industrial Relations Commission (NSW)
AMANDA WATT
Firm: Minter Ellison
Location: Melbourne
• Practice areas: OH&S, human resources, industrial relations, workplace training, dispute resolution, government, insurance, transport, resources
• More than 15 years' experience in administrative, employment and industrial relations law
• Advised clients in range of industries, including electricity, manufacturing, transport, health, education, insurance, government
KISHANIE WIJEWICKRAMA
Firm: Arnold Bloch Leibler
Location: Melbourne
• Practice areas: employment, workplace relations
• Acted for clients in range of industries, including health, information, education, scientific research, recruitment, retail, manufacturing, financial services and property development
• Clients: SEEK, Becton, Jenny Craig Weightloss Centres, Cabrini Health