Leigh Howard Portrait

Leigh Howard

Bar roll 2016 Admitted 2011
  • Commercial Law Employment & Industrial
  • Public Law
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Leigh practices in industrial relations, regulatory and public law litigation.

Leigh’s industrial practice covers industrial action, bargaining and enterprise agreement disputes, and contract and equity litigation. His public law and regulatory practice extends to consumer, financial services, occupational health and safety, discrimination, and human rights. Leigh is regularly recognised by peers and clients in Doyle’s Guide and the Legal 500.

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Castan Chambers
Level 18 Room 02

460 Lonsdale Street

Melbourne VIC 3000

View map

Jane King

03 9225 8558

Expertise

Commercial Law
  • Consumer Credit
  • Consumer Law
  • Corporations & Securities
  • Sports Law
  • Superannuation
Employment & Industrial
  • Appellate
  • Confidential Information
  • Discrimination
  • Employment Contracts
  • Industrial Disputes
  • Public Sector Appeals
  • Restraint of Trade
  • Statutory Employment Rights
  • Work Health & Safety
  • Workers Compensation
Public Law
  • Administrative Law
  • Civil & Human Rights
  • Constitutional Law
  • Discrimination
  • Judicial Review

Qualifications

Qualifications

Bachelor of Laws (Hons)

Bachelor of International Relations

Advanced Diploma in Japanese 

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Recent Industrial Matters

Regional Express Holdings Ltd v AFAP (2017) 262 CLR 456; [2019] FCCA 1543[2020] FCCA 219; [2021] FCAFC (adverse action, threats, standing, statutory construction, led by B Walker SC and M Follett)

Re Commonwealth of Australia represented by the Department of Home Affairs [2019] FWCFB 143; [2018] FWCFB 3415; [2017] FWCFB 6887; (2017) 271 IR 43 (industrial action related workplace determination, led by P O’Grady QC and S Meehan)

AMOU v OSM Marine Group [2020] FWC 2257 (PABO, extension of notice period)

AWU v Sodexo Pty Ltd [2020] FWC 1012 (PABO, genuinely trying to reach agreement, extension of notice period, led by R Dalton QC)

Re Commonwealth of Australia represented by the Australian Taxation Office [2020] FWC 6328 (transfer of business)

UFU v MFB & CFA [2019] FWCFB 184; [2019] FWCFB 459; [2018] FWC 4920 (work value private arbitration, led by R Dalton QC)

Visy v AMWU & Ors [2018] FCA 1799 (unprotected industrial action, s 418 orders, coercion, adverse action led by J Snaden)

CEPU v O&M Pty Ltd [2018] FWC 3531 (PABO, s 438, genuinely trying to reach agreement)

AFAP v Regional Express Holdings Ltd [2017] FWCFB 4182 (interpretation of enterprise agreements)

Re Minister for Industrial Relations for the State of Victoria [2016] FWC 8826 (section 424 termination, led by F Parry QC)

Recent Public and Regulatory Matters

Lendlease v ABCC [2021] FCA (Building Code, implied freedom of political communication, statutory construction, led by J Bourke QC and M Follett)

Ashby v Commonwealth [2021] FCA 40 (PGPA Act, act of grace payment, jurisdictional error, delegation, led by J Davidson)

Geappen and ASIC [2020] AAT (FoFA financial adviser duties, led by B McTaggart SC)

ABCC v Hassett [2020] FCA 498 (right of entry, French factors, personal payment order)

Tuberi v MICMSMA [2020] FCA 1029 (jurisdictional error, character cancellation)

FWO v Pioneer Contracting Services Pty Ltd [2019] FCAFC (accessorial liability, s 550 FW Act, led by R Doyle SC)

FWO v Xia Jing Qi Pty Ltd & Anor [2019] FCCA 83 (civil penalties, French factors)

Kaur v MIBP & Anor (2017) 256 FCR 235 (natural justice, illogicality and unreasonableness)

MZHAK v MIBP & Anor (2017) 72 AAR 257 (natural justice, led by A Dinelli)

MA v La Trobe University [2018] VCC (student enrolment, academic judgment)

Visy v Rustemovski & Anor [2018] FWCFB 1255 (concurrent civil penalty proceedings, McMahon v Gould)

Australian Red Cross Society v QNU [2019] FCA 41 (appeals, stays)

Recent Employment Matters

Heldberg v Rand Transport (1986) Pty Ltd (2018) 280 IR 93 (misleading and deceptive conduct, reasonable notice, incorporation of policy, bonus scheme)

Wats v Infosys Technologies Limited Australia (2017) 319 FLR 96 (adverse action, workplace right, bilateral double-superannuation treaty, led by P O’Grady QC)

Lewis v Australian National University [2019] FCCA 1949 (s 345 misrepresentation, summary dismissal, led by J Bourke QC)

Labour Hire Services Pty Ltd v Singh [2017] VCC (fiduciary duties, non-solicitation, fidelity, confidentiality)

Unterlechner v Interface IT Operations Pty Ltd [2019] VSC 109 (overseas employment, forum non conveniens)

Gelagotis v Esso Australia Pty Ltd [2019] FWCFB 2895; [2018] FWCFB 6092; [2018] FWC 2398; [2019] FWC 931 (unfair dismissal, serious misconduct, inferences, Streeter dishonesty, led by F Parry QC)

Gautam v Costco Wholesale Australia [2020] FWC 6433 (unfair dismissal, capacity, inherent requirements)

Maxitanis v Department of Justice and Community Safety [2020] FWCFB 4529; [2020] FWC 902; [2020] FWC 2019 (unfair dismissal, use of force, confidentiality orders)

Bluzer v Monash University [2017] FWCFB 4032; [2017] FWC 2536 (unfair dismissal, serious misconduct)

Recent Discrimination and Human Rights Matters

Winters v Fogarty [2018] FCA 1669; [2020] FCA 220; [2020] FCA 315 (discrimination, abuse of process, estoppel, unconscionability, deeds, accord and satisfaction, led by P O'Grady QC)

Edwards v La Trobe University [2018] VCAT 1964 (age discrimination, summary dismissal)

Perera & Anor v Myer Warehouse Solutions Pty Ltd & Ors [2017] VCAT 1267 (race and age discrimination, detriment, causation)

Recent occupational health and safety matters

Gippsland Bulk Spreaders [2021] MCV (s 21 general duty, agriculture, contest, led by G Gilbert SC)

Lion Batteries Holdings Pty Ltd [2020] MCV (WIRC Act victimisation, ss 575 and 73, plea)

Goodstart Early Learning Ltd v VWA [2019] SCV (judicial review of a refusal to enter into an enforceable undertaking)

Civicast Pty Ltd [2019] MCV (s 21 general duty, precast concrete fabrication, plea)

Action Events Group Pty Ltd [2019] MCV (s 23 duty to other persons, amusement and recreation, plea)

Spence Building and Joinery Pty Ltd [2019] MCV (s 21 general duty, high risk construction work, plea)

Stable Australia Pty Ltd [2017] MCV (s 21 general duty, steel fabrication and engineering, plea)

Publications

Memberships

Member of the Board of Directors of List G Barristers

Australian Labour Lawyers Association

Australian Association of Constitutional Law

Australian Institute of Administrative Law