EXPERIENCE

• Experienced trial and appellate advocate, regularly appearing in the Supreme Court, Federal Court, High Court, Fair Work Australia and the Victorian Civil and Administrative Tribunal.
• During her early years at the Victorian Bar, Rachel developed an expertise in industrial law and discrimination law, appearing in injunctions, trials, arbitrations and appeals. Rachel has been retained in many of the State’s significant industrial and employment disputes since 1996.
• More recently, Rachel broadened her practice. She now appears in a range of other jurisdictions, including common law and class actions. Rachel was Counsel Assisting in the Victorian Bushfires Royal Commission 2009 - 2010.
• Rachel is briefed by unions, the State government, regulators (including the Fair Work Ombudsman, the Australian Building and Construction Commission and WorkSafe), individuals and corporate entities.
• Rachel is experienced in complex litigation: junior counsel for the applicants in the Longford class action: Johnson Tiles v Esso [2003] VSC 27 and junior counsel for the defendant environmental consultants in Premier v Spotless [2007] VSC 377.
• Presently briefed for the applicants (led by Julian Burnside QC) in the Centro shareholders Federal Court class action.
• Regularly retained by government departments and regulators to advise on complex litigation and in relation to legislative and policy reform.

BACKGROUND PRIOR TO THE BAR:

• Part time employee for the Director of Public Prosecutions (South Australia) 1992 to 1994, performing research on appeals and appearing in summary criminal trials and committals while completing law degree at Adelaide University.
• High Court associate to Sir Daryl Dawson between 1994 and 1996.

NOTABLE APPEARANCES

Constitutional & Administrative Law
o Magill v Magill (2006) 81 ALJR 254 (The Paternity Fraud Case) junior counsel for the Commonwealth intervening
o Vanstone v Clark [2005] FCAFC 189 (challenge to termination from ATSIC) junior counsel for Mr Geoff Clark
o Von Arnim v Health Insurance Commission [2004] FCAFC 33 (issue of search warrants) junior counsel for the HIC
o Ng v R (2002) 5 VR 257 (right to trial by jury) counsel for Victorian Attorney General, intervening
o Ng & Fittock v R (2003) 77 ALJR 967 junior counsel for the State of Victoria
o Application by Shaw (2001) 4 VR 103 (grand jury application) junior counsel for amicus, instructed by VGS
o Brownlee v R (2001) 207 CLR 278 (right to trial by jury) junior counsel for State of Victoria
o Nezville v Australian Broadcasting Authority [2001] FCA 29 (administrative review of allocation of broadcasting licences) junior counsel for the ABA
o Tanner v Shergold (2000) 171 ALR 672 (FOI application for MUA dispute documents) junior counsel for Mr Tanner
o Brown v Members of the Classification Review Board (1998) 82 FCR 225 (Rabelais Case) junior counsel for the Classification Review Board
o Shaw v Wolf (1998) 83 FCR 113 (ATSIC election inquiry) counsel for the AEC


Industrial Law
o O’Shea v Heinemann [2008] FCA 1799 counsel for Workplace Ombudsman prosecuting
o Brobbel v Darrell Lea [2008] FMCA 714 counsel for Workplace Ombudsman prosecuting
o Family Provisions Test Case [2005] AIRC 692 counsel for all State and Territory governments intervening
o Hadgkiss v Victoria [2005] FCA 791 junior counsel for State of Victoria
o Minister for Employment and Workplace Relations v Gribbles (2005) 222 CLR 194 junior counsel for State of Victoria intervening
o Geelong Wool Combing v TCFUA [2003] FCA 773; 125 IR 441 (litigation re lock out of textile workers) counsel for union
o Commonwealth v CFMEU [2003] FCAFC 115 counsel for the union
o AiG v AFMEPKIU (Emwest Case) [2003] FCAFC 183; 125 IR 449 (right to strike) counsel for the union
o Working Hours Test Case Australian Industrial Relations Commission [2002] AIRC 857 counsel for all State and Territory governments intervening
o AWU v Stegbar [2001] FCA 367 counsel for the union
o Greater Dandenong City Council v ASU (2001) 112 FCR 232; (Contracting Out Case); ASU v Greater Dandenong City Council (2000)
101 IR 143 counsel for the union
o Riverwood v McCormick (2000) 177 ALR 193 (Federal Court
appeal re contract of employment) counsel for McCormick
o Commonwealth v CFMEU (2000) 98 FCR 31 counsel for the union
o CPSU v Victoria (2000) 95 IR 54 counsel for the union
o MUA, Joan Kirner & ors v Patrick Stevedores Operations [1998]
VSC 52 junior counsel for Ms Kirner and others
o TWU v Lee (1998) 84 FCR 60 counsel for the union

Common law / Tort
o Slaveski v Victoria 2008 - 2009 (Supreme Court trial of common law negligence claim against a number of police officers listed for
August 2009) counsel for State of Victoria
o Sami v VicRoads [2008] VSC 377 (common law claim for breach of statutory duty and negligence) junior counsel for VicRoads
o Bau v Victoria Police 2008 (reserved appeal in relation to Supreme
Court common law employment / negligence claim against Victoria Police) junior counsel for Victoria Police
o Premier v Spotless [2007] VSC 377 (three month Supreme Court
trial before Byrne J concerning negligence and misrepresentation in
relation to environmental contamination) junior counsel for one of
defendants
o Crimmins v Stevedoring Industry Finance Committee (1999) 20
CLR 1 (High Court appeal concerning breach of statutory duty by SIFC
in relation to asbestos claims) junior counsel for applicant, Crimmins
o Johnson Tiles v Esso and Others [2003] VSC 27; Aust Torts Reptr 81-692 (Esso Class action re Longford explosion) junior counsel for
the plaintiffs

Equal Opportunity
o Rebecca Turner v State of Victoria (discrimination claim against Department of Education) junior counsel for State of Victoria in a
reserved Supreme Court appeal
o Jacomb v ASU [2004] FCA 1250 (challenge to affirmative action
union rules) counsel for HREOC, intervening
o State of Victoria v Schou (No 2) [2004] 8 VR 120 (family
responsibilities discrimination claim) counsel for Ms Schou
o Kay, v Bracks, Thwaites and Hulls (2000) VCAT 2306
(discrimination claim) counsel for defendants
o Jameison v Smith and AWU [1999] VCAT 628 (discrimination
claim by union official) counsel for the union

Inquests / Criminal / disciplinary matters
o Victorian Bar v Molyneux [2006] VCAT 1417 (disciplinary charges against Queens Counsel) junior counsel for the barrister
o VWA v Brydon 2006 Melbourne Magistrates court (summary
criminal trial of defendant charged with multiple fraud offences by
WorkSafe) junior counsel for the successful defendant
o Inquest into the death of Heri 2006 (inquest in the NT into death
of an Indonesian fisherman in Australian waters) junior counsel for
Australian Fisheries Management Authority
o Inquest into the death of Tanginoa 2003 (inquest into death of
detainee at Maribrynong Immigration Detention Centre) junior counsel
for the Department of Immigration Multicultural and Indigenous Affairs
o Arnott v Boylans 2003 (criminal prosecution of employer for victimization of “whistleblower” employee) junior counsel for VWA, prosecuting
o Building Industry Taskforce v Setka 2003 (criminal prosecution of
union official for witness intimidation, Melbourne Magistrates Court)
junior counsel for defendant
o Longford Royal Commission 1999: counsel for Victorian Trades
Hall Council in Royal Commission conducted by Sir Daryl Dawson
o Galinac v Liberty Meats [1997] 700 FCA (contempt proceeding)
counsel for Mr Galinac

Extradition / Mutual Assistance in Criminal matters
o Samsonidis V Commissioner Australian Federal Police [2007]
FCAFC 159 (application re mutual assistance with Greece) junior
counsel for Commissioner AFP
o Cabal v Vanstone [2000] FCA 1306; 101 FCR 112; Bertran
(Cabal) v Vanstone (2000) 173 ALR 63; Peniche (Cabal) v Van [1999] FCA 1688 (extradition to Mexico) junior counsel for Mr Cabal
o Phong v Attorney General (Cth) [2001] FCA 1241; 114 FCR 75;
185 ALR 753 (extradition) junior counsel for the Commonwealth

Other Employment
• Associate to Sir Daryl Dawson, Justice of the High Court: July 1994 – February 1996
• Part time research assistant / prosecutor for South Australian Director of Public Prosecutions (SA): 1992 – 1994
• Tutor, Industrial Law, Adelaide University: 1994


Publications
• Contributing author for High Court section in Federal Civil Litigation Precedents, edited by Lindgren and Branson, Butterworths: 1999
to present
• Author, “The Industrial / Political Dichotomy: The Impact of the
Freedom of Communication Cases on Industrial Law” (1995) 8 AJLL 91
• Research assistant to authors, Creighton and Stewart “Labour Law – An Introduction” 1994, 2nd ed

From 01/07/2008,
Liability limited by a scheme approved under Professional Standards Legislation