CURRICULUM VITAE David Wai Mun Chin Tel: Fax:
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1 CURRICULUM VITAE David Wai Mun Chin Tel: Fax: david.chin@5wentworth.com Areas of Practice Industrial/employment Appellate Discrimination Employment contracts and restraint of trade Industrial disputes and statutory employment rights Public sector appeals Work health and safety Public/administrative Civil and human rights Disciplinary proceedings Discrimination Judicial review and administrative law Inquests/inquiries Commissions and other inquiries Coronial inquests Criminal Work health and safety
2 Date of Admissions/Appointments Barrister, NSW: 23 February 2001 Barrister and Solicitor, High Court of Australia: 3 October 1997 Solicitor, Supreme Court of NSW: 30 June 1994 Adjunct Senior Lecturer, Sydney Law School, the University of Sydney: current Adjunct Lecturer, Sydney Law School, University of Sydney: Australian Labour Law Association, Member of the National Committee of Management: 2015 Qualifications Bachelor of Laws (Honours): Macquarie University, 1994 Bachelor of Economics: Macquarie University, 1994 Master of Studies (Legal Research): University of Oxford, 1995 Selected cases Employment Fair Work Ombudsman v Raying Holding Pty Ltd (No. 2) [2017] FCCA 2148 (accessorial liability for contraventions of the Fair Work Act by reason of wilful blindness) Westpac Banking Corporation v Wittenberg [2016] FCAFC 33 (redundancy policy, implied term of reasonable notice, negligent misstatement) Bartlett v Australia and New Zealand Banking Group Limited [2014] NSWSC 1662 (wrongful termination / serious misconduct) Charltons CJC Pty Ltd v Fitzgerald (No 3) [2013] NSWSC 1945 (damages for breach of post-termination restraint) 2
3 Ashby v Commonwealth of Australia (No 4) [2012] FCA 1411 (abuse of process) O Sullivan Partners (Advisory) Pty Ltd v Foggo [2012] NSWCA 40 (discretionary bonus payments) Industrial Fair Work Ombudsman v Transpetrol TM As (Registration Number ) [2017] FCA 311 (service out of jurisdiction based on the extension of the Fair Work Act 2009 to temporary licensed, foreign-flagged and foreigncrewed ships) Hutchings v Coles Group Supply Chain Pty Ltd t/a Coles Kewdale Distribution Centre [2017] FWCFB 50 (interpretation of an incentive scheme provision in an enterprise agreement) Jennifer Wyborn v Australian Capital Territory as represented by ACT Health Directorate [2015] FWC 7835 (application for scope orders regarding proposed enterprise agreement) Director of the Fair Work Building Industry Inspectorate v Cartledge (No 2) [2015] FCA 851 (contempt of court) Australian Directors Guild Limited [2015] FWC 1174 (application for registration by an association of employees) West v Director-General, NSW Ministry of Health in respect of Western Sydney Local Health District [2014] NSWIRComm 1001 (public sector appeal statutory interpretation) Fair Work Ombudsman v Valuair Limited (No 2) [2014] FCA 759 (extraterritorial application of the Fair Work Act 2009) Commissions, inquiries and arbitrations 3
4 Royal Commission into Trade Union Governance and Corruption Construction, Forestry, Mining and Energy Union ACT hearing, July 2015 (appeared for Milin Builders Pty Ltd) Royal Commission into Institutional Responses to Child Sexual Abuse Case Study 22: Yeshivah Melbourne and Yeshiva Bondi, 2-13 February 2015 (appeared as junior counsel for Rabbi Moshe Gutnick) Independent Commission Against Corruption - Operation Acacia: Inquiry concerning mining exploration licences, 2013 (appeared for the Commonwealth Minister for Climate Change, Industry and Innovation) Arbitration before the London Beth Din, Court of the Chief Rabbi, 2009 Independent Commission Against Corruption - Investigation into Corruption in the Provision of Security Industry Training, 2009 (appeared for the Commissioner of Police) Re Inquiry into matters relating to the availability of work at Tristar Steering and Suspension Australia Ltd (2007) 161 IR 50 (appeared as junior counsel for the NSW Minister for Industrial Relations) Occupational Health and Safety Safe Work New South Wales v Waycon Bulk Pty Ltd [2015] NSWDC 254 (sentencing of a trustee) Inspector Childs v Area Concrete Pumping Pty Ltd and others [2013] NSWIRComm 110 (leave to withdraw pleas of guilty) Inspector James v Paul [2011] NSWIRComm 82 (Appeal against application of s 10 Crimes (Sentencing Procedure) Act 1999) Inspector Spence v Gauci & Stephensons Cranes Pty Ltd [2011] NSWIRComm 79 (sentencing crane operations) 4
5 Morrison v Liddell Coal Preparation Pty Ltd [2011] NSWIRComm 46 (sentencing colliery holding) Inspector Hayes v Santos and Lorenzo [2009] NSWIRComm 163 (prosecution of directors of corporation; overturned on appeal in Lorenzo and Santos v Inspector Peter Hayes [2011] NSWIRComm 54, following the High Court judgment in Kirk v Industrial Court of New South Wales (2010) 239 CLR 531) Constitutional/Administrative Tristar Steering and Suspension Limited v Industrial Relations Commission of New South Wales (2007) 158 FCR 104 (validity of a Ministerial reference inquiry section 109 inconsistency) Building Professionals Board v Hans (No 2) (GD) [2008] NSWACTAP 48 (professional misconduct) Selected Publications Books and articles The Modern Contract of Employment, (with Ian Neil SC), Thomson Reuters Australia, (The second edition is due to be published in 2017) Multiple decision-makers and their reasons for taking adverse action (with N Saady), Employment Law Bulletin, February 2017, p 8. High Court yet to resolve differences regarding Mutual Trust and Confidence (with Ian Neil SC), Law Society Journal, Vol 48 No 4, May 2010, p 70. The State of Section 106 (with M Kimber SC), Australian Journal of Labour Law, Vol 21 No 1, April 2008, p 89. 5
6 Transitional arrangements in Australian Master Workplace Relations Guide, the Work Choices edition, 2nd and 3rd editions, CCH Australia Limited, 2006, 2007 and Fairness and Balance in Industrial Bargaining (with Professor Ron McCallum and Anne Gooley) in M Bromberg and M Irving (eds), Australian Charter of Employment Rights, The Australian Institute of Employment Rights/Hardie Grant Books, Servant or Serf? Severance Pay on Transmission of Business and the Right to Choose an Employer, Australian Journal of Labour Law, Vol 16 No 2, September 2003, pp Employees or Independent Contractors?, Law Society Journal, Vol 39 No 11, December A Social Clause for Labour s Cause: Global Trade and Labour Standards, Institute of Employment Rights (UK)/International Centre for Trade Union Rights, London, July Exhuming the Individual Employment Contract: A Case of Labour Law Exceptionalism, Australian Journal of Labour Law, Vol 10 No 3, December 1997, pp Conference papers Implied terms and the stifling of innovation in the employment contract, paper presented at the Eight Biennial National Australian Labour Law Association Conference, Melbourne, 4-5 November Mutual Trust and Confidence, paper presented at the 22nd Labour Law Conference, The University of Sydney Law School, Sofitel Wentworth Sydney, 25 August
7 The doctrine of repudiation and the contract of employment, paper presented at the Australian Labour Law Association seminar, Thomson Lawyers, Sydney, 27 March The Future of Mutual Trust and Confidence in Employment Contracts Two Controversies, paper presented at the Law Society of NSW Young Lawyers 2013 CLE Annual One Day Seminar, Hilton Hotel, Sydney, 23 February Dismissal and Damages for Breach of the Mutual Trust and Confidence Term, paper presented at the 6th Biennial Australian Labour Law Association Conference, Canberra, November The Forgottten Class Independent Contractors in the World of Fair Work: A Media Industry Case Study, paper presented at the Australian Labour Law Association Conference, Adelaide, November Secondary Boycotts and section 45E of the Trade Practices Act, paper presented at the 6th Annual Industrial Relations Workforce Conference, Menzies Hotel, Sydney, 3-4 December Employment Litigation after Work Choices : Causes of Action at Common Law, paper presented at The Combined Legal Centres Group Employment Law Evening Seminar, Gilbert & Tobin Lawyers, Sydney, 20 November Transforming the safety net through the Australian Fair Pay and Conditions Standard, paper presented at the Workplace Relations Law Reform seminar, IIR, Crown Plaza Darling Harbour, Sydney, 20 March The Transition to Work Choices An Overview of Post-Reform Awards and Agreements, paper presented at the NSW Young Lawyers Annual Employment & Industrial Law One Day Seminar, Four Seasons Hotel, Sydney, 25 February
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