Larissa Andelman

Larissa Andelman

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

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Larissa has expertise in all aspects of industrial/employment law. She also practices in public/administrative law, defamation and commercial law. She is an accredited mediator by NMAS.

  • Employment Law
  • Industrial Law
  • Discrimination Law
  • Professional Conduct/Discipline
  • Administrative and Constitutional Law
  • Inquiries and Royal Commissions
  • Regulatory
  • Workplace Health & Safety
  • Trade Practices and Consumer Law
  • Defamation

Larissa appears in a range of matters in a variety of jurisdictions including the Federal Court (in cases involving industrial, employment and administrative law), the Federal Circuit Court (in cases involving discrimination law, administrative and consumer law), New South Wales Supreme Court (employment law, contract and commercial/equity disputes) and District Court, Local Court and Tribunals. Larissa has been a junior to a number of leading Counsel specialising in workplace law: Kate Eastman SC, Ingmar Taylor SC, Robert Goot SC and Jeff Phillips SC.

In 2012, Larissa was briefed to assist the former Federal Court judge, Michael Moore to administer Health Services Union pursuant to Orders made by Flick J of the Federal Court of Australia.

Prior to commencing at the NSW Bar, Larissa was a Senior Solicitor with the Office of the Fair Work Ombudsman from 2009 to 2012. During this time she was involved in complex litigation and appeared for the FWO in numerous contested matters. Larissa was involved in many of the large litigation proceedings invoking the recently introduced general protection provisions in the Fair Work Act 2009 and was a subject matter expert in accessorial liability provisions and penalty privilege.

From 2004 to 2006, Larissa was a solicitor with Community and Public Sector Union. During this time she was involved in union rule disputes, bargaining, right of entry and award variations. She regularly appeared as an advocate in the Fair Work Commission.

Larissa is and has been actively involved in a number of organisations promoting the participation of women in employment and in law more specifically. She was the Chair of the Workplace Practices Sub-Committee of NSW Women Lawyers and is a member of the Women’s Barrister’s Forum. Since 2005, Larissa has been a volunteer at Community Legal Centres, firstly at the Flemington Kensington CLC and now at the Kingsford CLC.

Larissa regularly appears in mediations and conciliations. She has been involved in mediation since 1990 through the Community Justice Centres mediation initiatives and acts as a mediator from time to time.

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.
  • 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 in HR Magazine 2013
  • Sydney City Law Society Lawyers, 2017, 2016 The Good and the Ugly: Bullying Cases
  • Australian Labour Law National Conference 2014 Accessorial Liability Provisions in the Fair Work Act together with Ingmar Taylor SC
  • Wollongong Lawyers Bullying provisions under the Fair Work Act 2014
  • Legalwise 2014 Discrimination Law
  • Young Lawyers CDP 2013 Civil Procedure.
  • Work and Family Conference 2013 USYD Work and Family provisions