MARK ANTHONY IRVING

Bar Roll – 1997  
Admitted – 1995

Phone – (03) 9225 7288
Mobile – 0412 540 177
Email – mirving@vicbar.com.au
Chamber – Floor 1, Room 103, ODW, 525 Lonsdale St, Melbourne

MARK ANTHONY IRVING

Bar Roll – 1997  
Admitted – 1995

Phone – (03) 9225 7288
Mobile – 0412 540 177
Email – mirving@vicbar.com.au
Chamber – Floor 1, Room 103, ODW, 525 Lonsdale St, Melbourne

Admitted to practice in

  • Victoria
  • New South Wales

Area of Law

  • Civil Liberties/Discrimination
  • Commercial Law
  • Contract
  • Employment Law
  • Equal Opportunity
  • Industrial Law

About

Mark Irving QC specialises in employment, industrial and anti-discrimination law. He has been briefed in over 100 matters in the Federal Court and other superior courts, as well as in the High Court of Australia. Mark has appeared for and advised employees, unions, directors and corporations in a broad range of commercial, employment and industrial matters. He has extensive experience appearing in litigation involving complex legal and factual issues.  Since 2013 he has appeared in five large scale arbitrations about the value of the work of 1,000’s of employees (and often more than 20,000 employees) in the Fair Work Commission, and state industrial commissions in Tasmania, WA and SA. In recent years Mark has been briefed in dozens of matters concerning ‘wage theft’ and the mischaracterisation of employees as independent contractors.  He was appointed silk in 2017. He acts as mediator and arbitrator.

Mark is the author of The Contract of Employment. It was awarded the Centenary Book Award by the Honourable Dyson Heydon AC, QC, the former Federal Court judge the Honourable Kevin Lindgren AM, QC and Emeritus Professor Gillian Triggs, the then President of the Australian Human Rights Commission. The prize was awarded to foster ‘the highest standards of authorship in legal publishing’. The judges praised the ‘depth and quality’ of the commentary in Mark’s book. He is the co-author of the leading undergraduate textbook in the field, Labour Law, with Professor Stewart, Professor Forsyth, Professor Johnstone and Associate Professor McCrystal. He is a Senior Fellow of the University of Melbourne and lectures undergraduate and postgraduate classes in various aspects of employment law. He is the author of a recent comparative employment law article (2015) 28 AJLL 159 and in the last 3 years has been the referee for five law journals. He often presents conference and seminar papers on a broad range of topics touching on employment and industrial law.

He is a member of the Bar’s Library Committee, the Australian Labour Law Association and is a committee member of the Industrial Bar Association. He is a member of the Equitable Briefing Sub-Committee of the IBA and has adopted the Law Council of Australia Equitable Briefing Policy.

Judgments in the Federal Court: 2012–2016

Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (No 2) [2016] FCA 783 (costs and damages)

Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd [2016] FCA 430 (action for misleading conduct concerning an offer of employment)

General Manager of the Fair Work Commission v Musicians’ Union of Australia [2016] FCA 302 (penalties for breach of FWRO Act)

Health Services Union v Jackson (No 5) [2015] FCA 1467 (interest and costs)

General Manager of the Fair Work Commission v Thomson (No 4) [2015] FCA 1433 (compensation and penalties)

Jackson v Health Services Union [2015] FCAFC 188 (objection to the competence of the appeal)

Health Services Union v Jackson (No 4) (2015) 108 ACSR 156 (improper use of position – misuse of union funds)

Health Services Union v Jackson (No 3) [2015] FCA 694 (leave to proceed against a bankrupt)

Health Services Union v Jackson (No 2) [2015] FCA 670 (abuse of process application)

Health Services Union v Jackson [2014] FCA 1215

General Manager of Fair Work Australia v Health Services Union [2014] FCA 970 (compensation and penalties for breach of FWRO Act)

Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd (No 2) [2014] FCA 351 (costs application)

Elliott v Health Services Union [2014] FCA 296 (consolidation of actions)

Construction, Forestry, Mining and Energy Union v Corinthian Industries (Australia) Pty Ltd [2014] FCA 239 (adverse action claim)

Russell v Institution of Engineers Australia [2013] FCA 1250 (injunction application in an adverse action claim)

Murrihy v Betezy.com.au Pty Ltd (No 2) (2013) 221 FCR 118 (penalties and compensation)

Murrihy v Betezy.com.au Pty Ltd (2013) 238 IR 307 (breach of contract and adverse action)

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 7) [2013] FCA 863 (indemnity costs)

Commonwealth Bank of Australia v Barker [2013] FCAFC 83 (implication of the mutual trust and confidence term in employment contracts)

General Manager of the Fair Work Commission v Thomson [2013] FCA 380 (stay of application for pecuniary penalty)

United Voice v Accolade Wines Australia Limited [2013] FCA 285 (preliminary discovery application)

State of Victoria v Australian Education Union [2013] FCA 72 (resisted application for an injunction to prevent industrial action)

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 6) (2013) 300 ALR 492; (2013) 94 ACSR 199 (removal of directors of a company limited by guarantee, the fulfilment of the charitable purposes of the company, membership of the company)

Re Asmar (2012) 207 FCR 476 (breach of Union rules, establishing financial membership)

Brown v Health Services Union (No 4) [2012] FCA 1376 (access to affidavits filed, amendment of scheme of administration)

Brown v Health Services Union (No 3) [2012] FCA 1246

Re Asmar [2012] FCA 1243 (stay of elections)

Re Asmar [2012] FCA 1242 (election inquiry)

Brown v Health Services Union (No 2) [2012] FCA 1014

Brown v Health Services Union (2012) 205 FCR 548; (2012) 291 ALR 497 (branch ceased to function effectively; removal of office-holders)

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 5) [2012] FCA 390

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 4) (2012) 202 FCR 564; (2012) 291 ALR 292 (independence of expert witnesses)

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 3) [2012] FCA 184 (orders under s 237 of Corporations Act).

 

Liability limited by a scheme approved under Professional Standards legislation