+61 2 9132 5700 clerk@153phillip.com.au
Larissa Andelman

Larissa Andelman

  +61 2 9132 5713
  andelman@153phillip.com.au

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Larissa was admitted as a solicitor in 2003 and was called to the NSW Bar since 2012. She is available to appear in matters across Australia.   Larissa’s major areas of practice are workplace law and administrative Law. Larissa also practices in defamation and commercial law.

Larissa’s workplace law practice covers industrial, contractual, discrimination, safety, workers compensation, whistleblowing, restraint of trade, professional conduct and disciplinary matters.

Larissa is an experienced litigator, appearing led and unled in state and federal tribunals and courts including in appeals. She is experienced in various forms of non-court dispute resolution processes such as mediations and investigations.

Larissa is an author (and has been since the 13th edition) The Law Handbook, Employment Law Chapter 15th edition 2020.

Background

Prior to commencing at the NSW Bar, Larissa was a Senior Solicitor with the Fair Work Ombudsman (FWO) from 2009 to 2012.

Larissa was the President of NSW Women Lawyers from 2018 to 2020. She accepts pro-bono briefs and is a volunteer at Kingsford Community Legal Centre.

Recent Cases

Industrial

  • Australian Workers Union v BlueScope Steel and Anor SYG 1920/2016. Federal Court. Interpretation of industrial instruments and Superannuation Administration Guarantee Act
  • McWhirter & Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Endeavour Energy [2017] FWCFB 4493. Interpretation of an Agreement.
  • Clancy, in the matter of an application for an inquiry in relation to an election for offices in the Australian Nursing and Midwifery Federation [2017] FCA 460. Union election inquiry.
  • McAlister v Yara Australia Pty Ltd [2017] FCCA 332. Breach of contract and adverse action claim.
  • Dissanayake and State Transit Authority of NSW [2016] NSWIRComm 1010. Appeal unfair dismissal.
  • Mercato Enterprises Pty Ltd v Joseph [2016] FWC C2016/4874. Stay and FWC Appeal
  • Kedwell v Coal & Allied [2016] FWC 6018. Unfair Dismissal
  • Kaiser v Lawrence Dry Cleaning Pty Ltd & Anor 1694 of 2015 Federal Court of Australia. Common law sham, sham contracting, adverse action and contravention of award and FW Act. (Settled)
  • Vizesi v Seduce Group Australia Pty Ltd SYG 1966/2014 Federal Circuit Court. Adverse Action and contravention of Award and FW Act claims. Respondent in liquidation while decision reserved.
  • Equal Remuneration Decision 2015 [2015] FWCFB 8200 Fair Work Commission Appearing for Independent Education Union of Australia led by Ingmar Taylor SC
  • ANF v St Vincent’s Hospital NSD 106 of 2015. Federal Court of Australia. Injunction. Adverse action. (Settled)
  • Langer v Quinn [2014] FWC 7460. Unfair Dismissal
  • Banerji v Commonwealth of Australia NSD21/2014 Federal Court. Led by Eastman SC and Goot SC. Political opinion, adverse action, civil penalty contraventions.(Settled)
  • Heinisch v Allstaff Australia Pty Ltd NSD27 of 2013 Federal Court. Interim injunction, discrimination on ground of pregnancy and breaches Fair Work Act 2009 (Settled)
  • Hill v Compass Ten [2012] FCA 761 Federal Court. Strike out application, Hill v Compass Ten (No.2)[2012] FCA 815 Federal Court. Breach of contract and unlawful termination, Hill v Compass Ten (No. 3)[2012] FCA 993 Federal Court. Costs

Discrimination

  • Maiocchi v Royal Australian & New Zealand College of Psychiatrists and Ors [2013] FCA 1046 Disability discrimination and victimization, strike out, leave to appeal.
  • Fornari v Suttons Motors Waitara Pty Ltd T/As Suttons Parts Nsd1563/2016. Disability discrimination, adverse action and breach of contract. (Settled)
  • McGuire v The Entrance Lake House & Anor NCAT 1610171 [2016] Sexual harassment, victimization.
  • Duma v Mader International (2007) VCAT 2288. Disability discrimination in employment.
  • Gounder v Allmand Jones & Ors (2007) VCAT 1898. Discrimination in employment on ground of religious belief.

Employment

  • Prajapati v Narshima Trading & Anor [2016] FCCA 2798. Intention to create legal relations. On appeal.
  • Mumford v Goodman Fielder Consumer Foods Pty Ltd NSD of 2016. Federal Court of Australia. Contract of employment, adverse action. (Settled)
  • Scuglia v Nathan Smash Repairs NSD 990/2015. Federal Court. Contract of employment, independent contractor. (Settled)
  • Body v Newcastle Commercial Vehicles NSD515/2015. Federal Court. Breach of contract. Adverse action. (Settled)
  • Pacer & CMS Realty v Tamas 2013/00314891 Supreme Court Appeal. Breach of contract, independent contracting.
  • Steve Tamas v Nathan Pacer 2012/180239 Local Court. Breach of contract, independent contracting.
  • Page v Anglicare [2013] NSW Supreme Court. Led by R. Reitano. Breach of contract, misrepresentation, estoppel. (Settled) 

Commercial/Copyright/Trade Practices

  • Love Lockets v Locketinn NSD 366 of 2015 Federal Court. Led by C Evatt. Injunction. Passing off and copyright claims. (Settled)
  • Berrell v Combined Pastoral Pty Limited [2015] NSWSC 1334. Supreme Court. A contract for sale of land dispute.
  • A Hint of Byron Ltd v Ginger Nektar Drink Company Pty Ltd [2013] FCCA 1797 Federal Circuit Court. Misrepresentation, breach of contract, security for costs. (Settled)
  • Monti v Fairfaix Media Publications Pty Ltd [2015] FCCA 1633 Federal Circuit Court. Led by C Evatt. Breach of Copyright Act.

Administrative/Appellate/Occupational

  • Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33; (2016) 311 FLR 459
  • Health Care Complaints Tribunal v Sheldrick [2016] NSWCATOD 105 and HCCC v Sheldrick (No 2) [2017] NSWCATOD 24.
  • BRL v Children’s Guardian [2016] NSWSC 2016/4948
  • BKE v Children’s Guardian [2015] NSWSC 253
  • Ivers v ACT Teachers Quality Institute. [2015] ACAT. Application for a Stay. Administrative Review.
  • SZQGC v Minister for Immigration and Citizenship [2012] FCA 598 Federal Court appeal.
  • SZTGS V Minister for Immigration and Border Protection [2014] FCA 908. Federal Court appeal.

Recent Publications

  • Employment Law: Law Handbook 13th, 14th and 15th editions Redfern Publishing House 2017-2020
  • Termination of employment and bullying pages on Practical Law: Thompson & Reuters 2018
  • Claiming the “penalty privilege” in Fair Work Proceedings, Law Society of NSW Journal May 2015
  • Penalties for breaches of the Fair Work Act skyrocket, Victorian Law Journal 2014
  • Bullying Provisions in the Fair Work Act, HR Magazine 2013

Seminars and Conferences

  • Sessional Lecturer in the Faculty of Law at the University of New South Wales, she has taught Civil Procedure and Alternative Dispute Resolution in the graduate program in 2015.
  • Larissa regularly presents lectures and seminars on workplace law and professional matters such as sexual harassment, bullying and flexible workplaces.