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, contract, equity and tort

Prior to coming to the Bar, Leigh was a Senior Associate at Clayton Utz, and earlier spent a year as an Associate to Judge T Ginnane (as his Honour then was).  He is the co-editor of the Contract chapter of Halsbury’s Laws of Australia and has published widely on a variety of topics.  He is recognised by peers and clients for his skill in employment and safety law in Doyle’s Guide to the Australian Legal Profession (2016, 2017, 2019).

Leigh read with Albert Dinelli, and his senior mentor is Paul O'Grady QC.

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Castan Chambers
Level 18 Room 22

460 Lonsdale Street

Melbourne VIC 3000

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Jane King

03 9225 8558

Expertise

Commercial Law
  • Consumer Law
  • Contractual Disputes
Employment & Industrial
  • Appellate
  • Discrimination
  • Employment Contracts
  • Industrial Disputes
  • Public Sector Appeals
  • Restraint of Trade
  • Statutory Employment Rights
  • Work Health & Safety
Public Law
  • Administrative Law
  • Civil & Human Rights
  • Commissions & Inquiries
  • Constitutional Law
  • Discrimination
  • Extradition Law
  • Immigration
  • 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) 350 ALR 567 (adverse action, standing under ss 539 - 540, statutory construction, led by M Follett)

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

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

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

CEPU v O&M Pty Ltd [2018] FWC 3531 (protected action ballot order, 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

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)

WorkSafe v Stable Engineering Pty Ltd [2017] MCV (s 21 general duties, plea, Frewstal)

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

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

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)

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 [2018] FWCFB 6092; [2018] FWC 2398; [2019] FWC 931 (unfair dismissal, serious misconduct, inferences, Streeter dishonesty, led by F Parry QC)

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

Recent Discrimination Matters

Winters v Fogarty [2018] FCA 1669 (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)

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