Mr Dimitri Ternovski

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12

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 KC — Instructed by Fisher Cartwright Berriman.

http://www.austlii.edu.au/au/cases/vic/VSCA/2014/261.html

13

CFMEU v Boral Resources (Vic) Pty Ltd (2014) 45 VR 571; 318 ALR 107; [2014] VSCA 348

Whether the tort of intimidation exists in Australia — Dimitri was led by Stuart Wood KC — Instructed by Herbert Smith Freehills (Sydney).

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSCA/2014/348.html

14

CFMEU v Boral Resources (Vic) Pty Ltd (2015) 256 CLR 375; 320 ALR 448; [2015] HCA 21

Discovery in a contempt proceeding — Dimitri was led by Stuart Wood KC — Instructed by Fisher Cartwright Berriman Lawyers.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2015/21.html

15

Just Group Ltd v Peck [2016] VSC 614

Restraint of trade — Dimitri was led by Stuart Wood KC — Instructed by Arnold Bloch Leibler.

http://www.austlii.edu.au/au/cases/vic/VSC/2016/614.html

16

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 KC (as his Honour then was) — Instructed by Gilbert + Tobin.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSC/2017/126.html

17

Monash IVF Pty Limited v Dr Lynn Burmeister (No 2) [2017] NSWSC 903

Application to transfer proceeding — Dimitri was led by Jon Davis KC — Instructed by Macpherson Kelley.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2017/903.html

19

EZY Accounting 123 Pty Ltd v Fair Work Ombudsman (2018) 360 ALR 261; 282 IR 86; [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 KC — Instructed by HWL Ebsworth.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2018/134.html

23

Mondelez Australia Pty Ltd v AMWU (2019) 270 FCR 513; 289 IR 29; [2019] FCAFC 138

Meaning of a "day" of personal/carer's leave in s 96 of the Fair Work Act 2009 — Dimitri was led by Stuart Wood KC — Instructed by the Australian Industry Group (Sydney).

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2019/138.html

24

CFMMEU v Karijini Rail Pty Ltd (2020) 293 IR 254; [2020] FWCFB 958

Appeal against an enterprise agreement approval — Whether the employer took all reasonable steps to explain the terms of the agreement and their effect — Whether a breach of s 180(5) of the Fair Work Act 2009 can be cured by an undertaking — Dimitri was led by Stuart Wood KC — Instructed by S Billing & Associates (Perth).

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWCFB/2020/958.html

26

Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590

Challenge to the validity of a notice to produce issued by the Fair Work Ombudsman — Dimitri was led by Richard Dalton KC — Instructed by Seyfarth Shaw Australia.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2020/590.html

28

Mondelez Australia Pty Ltd v AMWU (2020) 271 CLR 495; 381 ALR 601; 94 ALJR 818; 297 IR 338; [2020] HCA 29

Meaning of a "day" of personal/carer's leave in s 96 of the Fair Work Act 2009 — Dimitri was led by Stuart Wood KC — Instructed by the Australian Industry Group (Sydney).

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2020/29.html

29

Fair Work Ombudsman v Austop Natural Therapy and Supplies Pty Ltd [2020] FCCA 2920

Penalty hearing — Accessorial liability of an accounting firm for record-keeping contraventions — Instructed by HWL Ebsworth.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2020/2920.html

30

Maersk Crewing Australia Pty Ltd v CFMMEU (No 2) [2020] FCA 1694

Jurisdictional challenge to an arbitral award made by the Fair Work Commission as a private arbitrator — Dimitri was led by Matthew Follett — Instructed by Mills Oakley Lawyers (Perth).

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2020/1694.html

31

Cygnett Pty Ltd v Souris [2020] FCA 1754

Client legal privilege — Issue waiver — Instructed by MinterEllison.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2020/1754.html

32

One Tree Community Service Inc v UWU (2021) 284 FCR 489; 387 ALR 193; 304 IR 57; [2021] FCAFC 15

Constitutional limitations on the private arbitral power of the Fair Work Commission — Whether an employer agrees to arbitration by the Fair Work Commission by entering into a transaction that, under the transfer of business provisions of the Fair Work Act 2009, results in the employer becoming covered by an enterprise agreement containing an arbitration clause – Dimitri was led by Matthew Follett – Instructed by DLA Piper Australia (Perth).

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCAFC/2021/15.html

33

Re Horticulture Award 2020 (2021) 311 IR 1; [2021] FWCFB 5554

Application to vary Horticulture Award 2020 — Whether an hourly floor should be inserted for piecework — Dimitri was led by Richard Dalton KC — Instructed by Seyfarth Shaw Australia.

https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb5554.htm

34

Maersk Crewing Australia Pty Ltd v CFMMEU (2021) 289 FCR 308; 313 IR 182; [2021] FCAFC 231

Jurisdictional challenge to an arbitral award made by the Fair Work Commission as a private arbitrator — Enforceability of a settlement agreement — Dimitri was led by Matthew Follett — Instructed by Mills Oakley Lawyers (Perth).

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2021/2021fcafc0231

35

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 254; 398 ALR 603; 96 ALJR 144; 312 IR 74; [2022] HCA 2

Test for determining whether an employment relationship exists — Whether truck owner-drivers are employees or contractors — Dimitri was led by Stuart Wood KC — Instructed by Agnew Legal (Brisbane).

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2022/2.html

36

Crown Sydney Gaming Pty Limited v United Workers' Union (2022) 312 IR 446; [2022] FCA 97

Transfer of business provisions of the Fair Work Act 2009 — Proper construction of s 311(1)(c) — Dimitri was led by Chris O’Grady KC — Instructed by Seyfarth Shaw Australia.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2022/97.html

37

Re Svitzer Australia Pty Limited (2022) 320 IR 91; [2022] FWCFB 213

Proceeding on the Commission's own initiative to suspend or terminate protected industrial action — s 424 of the Fair Work Act 2009 — Dimitri was led by Stuart Wood KC — Instructed by Seyfarth Shaw Australia.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FWCFB/2022/213.html

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