Dimitri practises in employment and industrial law, commercial law and public law. Dimitri has a national practice, acting for some of Australia’s largest companies in all major jurisdictions, including the High Court of Australia.
Some of the recent cases in which Dimitri appeared include:
Jamsek v ZG Operations Australia Pty Ltd (No 3) (2023) 296 FCR 336; 323 IR 302; [2023] FCAFC 48
Whether truck owner-drivers are employees within the extended meaning of "employee" in s 12(3) of the Superannuation Guarantee (Administration) Act 1992 — Proper construction of s 12(3) — Dimitri was led by Stuart Wood KC — Instructed by Agnew Legal (Brisbane).
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.
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.
ZG Operations Australia Pty Ltd v Jamsek (2022) 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).
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).
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.
One Tree Community Service Inc v UWU (2021) 284 FCR 489; 387 ALR 193; 304 IR 57; [2021] FCAFC 15
Constitutional limitations on the jurisdiction of the Fair Work Commission to act as a private arbitrator – 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).
ZG Operations Australia Pty Ltd v Jamsek [2021] HCATrans 27
Special leave application — Whether truck owner-drivers are employees or contractors — Whether a person can conduct their own business and also be an employee in the business of another in relation to the same work — Dimitri was led by Stuart Wood KC — Instructed by Agnew Legal (Brisbane).
Cygnett Pty Ltd v Souris [2020] FCA 1754
Client legal privilege — Issue waiver — Instructed by MinterEllison.
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).
Fair Work Ombudsman v Austop Natural Therapy and Supplies Pty Ltd [2020] FCCA 2920
FWO prosecution — Accessorial liability of an accounting firm for record-keeping contraventions — Instructed by HWL Ebsworth.
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).
Knight v Ippoliti [2020] VSC 286
Defamation — Application to extend the limitation period — Dimitri was led by Georgina L Schoff KC — Instructed by Lander & Rogers.
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.
Maersk Crewing Australia Pty Ltd v CFMMEU [2020] FCA 595
Whether the Federal Court has jurisdiction to determine a jurisdictional challenge to a private arbitral award made by the Fair Work Commission — Dimitri was led by Matthew Follett — Instructed by Mills Oakley Lawyers (Perth).
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 — 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 KC — Instructed by S Billing & Associates (Perth).
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).
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 KC — Instructed by S Billing & Associates (Perth).
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 KC — Instructed by S Billing & Associates (Perth).
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 KC — Instructed by KHQ Lawyers.
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.
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 KC — Instructed by Seyfarth Shaw Australia.
Monash IVF Pty Limited v Dr Lynn Burmeister (Supreme Court of NSW, Hammerschlag J, 2017)
Restraint of trade — Proceeding settled — Dimitri was led by Jon Davis KC — Instructed by Macpherson Kelley.
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.
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 (as his Honour then was) — Instructed by Gilbert + Tobin.
Just Group Ltd v Peck [2016] VSC 614
Restraint of trade — Dimitri was led by Stuart Wood KC — Instructed by Arnold Bloch Leibler.
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 KC and Stuart Wood KC — Instructed by Herbert Smith Freehills (Sydney).
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.
CFMEU v Boral Resources (Vic) Pty Ltd [2015] HCATrans 122
Whether the tort of intimidation exists in Australia — Dimitri was led by Stuart Wood KC — Instructed by Herbert Smith Freehills (Sydney).
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).
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.
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 (as his Honour then was) — Instructed by Mills Oakley Lawyers.
Criminal appeals
Palmisano v The Queen [2021] VSCA 124
Dimitri was not led — Instructed by Michael J Gleeson & Associates.
Nguyen v The Queen [2020] VSCA 18
Dimitri was not led — Instructed by Gallant Law.
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.
Khoa v The Queen [2015] VSCA 80
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, 286 FLR 251; 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 KC.
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.