Jeffrey Phillips SC » Opinion Pieces

Bar Craziness – Workplace Review

Jeffrey Phillips SC — Mon, 28 Mar 2022 00:39:05 +0000

Combating the scourge of sexual harassment, discrimination and bullying in the workplaces of the legal profession, should not be done at the expense of abandoning fundamental principles of natural justice, argues Jeff Phillips.

BenchTV with Ian Latham

Jeffrey Phillips SC — Fri, 19 Aug 2016 04:23:13 +0000

Here is an video discussion I participated in with Ian Latham on the Commonwealth employment law by leaders of the profession. See more at BenchTV.

The restoration of QC and the opportunity for choice

Jeffrey Phillips SC — Mon, 22 Dec 2014 20:51:11 +0000

An important issue currently before the NSW BAR. This article is an edited version of a paper I delivered at the Annual Conference of Australians for Constitutional Monarchy at the Four Seasons Hotel, Sydney on 28 November 2014. It appears in the Workplace Review Journal called and the paper is called "The restoration of QC and the opportunity for choice" Workplace Review is available online and in hard copy from the Thomson Reuters website.

God save the Queen’s Counsel

Jeffrey Phillips SC — Wed, 12 Mar 2014 10:05:16 +0000

This is an opinion piece I wrote with Andrew Martin for Lawyers' Weekly about the restoration of the rank of Queen's Counsel in New South Wales entitled "God save the Queen’s Counsel".

Janet Albrechtsen – Opinion – The Australian

Jeffrey Phillips SC — Wed, 14 Nov 2012 00:23:43 +0000

Taken from The Australian

IR Law Firms – A Changing Landscape

Jeffrey Phillips SC — Thu, 12 Aug 2010 11:05:37 +0000

Workplace relations has had centre stage in the popular press over the last few weeks. This front page treatment has come about because of the imbroglio at high-end retailer David Jones and the alleged sexual harassment by the former CEO of a junior staff member, Kristy Fraser-Kirk. What has attracted the attention has been of the large claim for damages of $37 million. Also in focus has been her legal representatives, Harmer’s Workplace Lawyers. Harmer’s was set up over 14 years ago when its principal Michael Harmer left the industrial law practice at Freehills and set up a firm dedicated to workplace law. Michael Harmer himself has been the subject of a recent in-depth article published in the Australian newspaper business magazine “The deal” in July.

Bring back the QC

Jeffrey Phillips SC — Wed, 17 Feb 2010 01:36:13 +0000

“This is a submission I have made to the NSW Bar Association’s current inquiry into the method of appointment of Senior Counsel being conducted by Roger Gyles AO QC.” I am generally happy with the operation of the Senior Counsel Protocol. No system will satisfy everyone. However I believe it can be improved by simply changing the office’s title back to Queen’s Counsel and in a limited way extend the class of persons eligible for appointment beyond that of practising advocates. The ancient office of Queen’s Counsel was changed by decision of the then Premier of New South Wales, the Honourable John Fahey. In November 1992 it was announced that his Government would no longer make recommendations for the appointment of Queen’s Counsel. The Bar and the legal profession were ambushed by this change. The announcement was a surprise, not only to the New South Wales Bar but to others who had been asked to comment upon a legal profession Issues Paper, included in which was whether the office of Queen’s Counsel should be abolished.

Transition Bill Feb 2008: slow change

Jeffrey Phillips SC — Wed, 24 Sep 2008 04:24:05 +0000

On 13 February 2008, Julia Gillard, the Minister for Employment and Workplace Relations, introduced into Parliament, the Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008. Attached to the introduction of the Bill is a 98-page Explanatory Memorandum. This Bill introduces the first tranche of amendments to the Workplace Relations Act. Further amendments are foreshadowed for later in the year.

Beware Young Counsel

Jeffrey Phillips SC — Mon, 08 Oct 2007 23:57:38 +0000

Last week I had an at times boisterous dinner with two colleagues with whom I had started at the Bar in 1982. Back when we were readers, it was inconceivable to imagine 25 years into the future. In that period, we have conducted busy, diverse practices. The life of a barrister is both interesting and rewarding but, at times, exhausting, stressful and uncertain. Professionally and personally, there have been good and bad times. As a quarter of a century veteran, what advice can I give to someone commencing this career so as to maximise the good and minimise the bad times?

The Contractor Did It!

Jeffrey Phillips SC — Sat, 15 Apr 2006 04:27:15 +0000

On 16 May 2006, the High Court handed down a decision which further explains the notion of vicarious liability. Vicarious liability arises when the actions of one can be made the actions of another. The court delivered a majority judgment of their Honours Gleeson CJ, Gummow, Hayne, Heydon and Crennan JJ with a lengthy plangent dissent from Justice Kirby.