Division of Bar Roll:
Victorian Practising Counsel
Previous Occupation:
Solicitor at Maurice Blackburn Lawyers
Accepts briefs from in-house counsel Profile:
Declan Murphy practises primarily in employment and industrial relations law and commercial matters, including class actions.
Declan has a trial and appellate practice and appears in the state and federal courts at all levels, and in the Fair Work Commission and VCAT.
Before coming to the Bar, Declan was a Senior Associate in Maurice Blackburn’s employment and industrial law practice.
Declan read with Siobhan Kelly and his senior mentor was Claire Harris KC (as her Honour then was).
Some of Declan's recent matters are below.
Representative proceedings
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Elliot-Carde v McDonald’s Australia Limited [2023] FCAFC 162 (Full Court of the Federal Court) - acting for the class action applicants in a referral on a question of law to determine whether the Court has power to make a ‘settlement Common Fund Order’ - with P Turner, S Kelly and L Armstrong KC.
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Elliot-Carde v McDonald’s Australia Limited (Stay Application) [2023] FCA 1210 (Federal Court) - acting for the class action applicants in a stay application brought by the Shop, Distributive and Allied Employees’ Association - with S Kelly and L Armstrong KC.
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Lidgett v Downer EDI Ltd [2023] VSC 574 (Supreme Court of Victoria) - acting for a representative plaintiff in a consolidation application and multiplicity dispute - with L Armstrong KC.
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Australian Salaried Medical Officers’ Federation & Ors v Eastern Health and Royal Women’s Hospital (‘Junior Doctors class action’) (Federal Court, ongoing) - acting for the representative applicant in an underpayment class action - with K Burke.
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Westgarth & Ors v KFC Pty Ltd & Ors (Federal Court, ongoing) - acting for the representative applicants in an underpayment class action - with S Kelly and L Armstrong KC
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Lombardo & Ors v Dermatology & Cosmetic Surgery Services Pty Ltd & Ors (Supreme Court of Victoria, ongoing) - acting for representative plaintiffs in a negligence and misleading and deceptive conduct class action against Daniel Lanzer and associated cosmetic doctors - with T Tobin SC, G Costello SC and A Smietanka.
Employment/industrial matters
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Jolly v Sharma & Ors [2024] FCA 171 (Federal Court) - acting for the respondents in a rules dispute in the Australian Rail, Tram and Bus Union - with C Massy and E Brumby
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Veale v Drewmaster Pty Ltd [2024] FWC 400 - acting for the applicant in an unfair dismissal application - unled
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In v Giri Australia Pty Ltd & Anor (No 2) [2024] FedCFamC2G 133 - acting for the applicant in a default judgment application - unled
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Slattery v Canard Consolidated Pty Ltd [2023] FedCFamC2G 198 (Federal Circuit and Family Court) - acting for the applicant in a general protections claim opposing an application to be represented by a non-lawyer - unled
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Rugg v the Commonwealth & Monique Ryan (Federal Court, resolved) - acting for the applicant in a general protections and maximum weekly hours proceeding in the Federal Court - with A Aleksov.
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Pentridge Village v CFMMEU (Supreme Court of Victoria, resolved) - acting for the union defendant in an economic tort proceeding - with R Doyle SC and J Gurr.
Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk
have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.