The Employment and Industrial List manages a variety of proceedings arising out of an employment or industrial context. Proceedings suitable for inclusion in the List include those involving:
- Claims for relief based on an alleged breach of an employment contract.
- Claims alleging breaches of equitable and/or fiduciary obligations arising from an employment relationship, including breach of confidence claims.
- Claims alleging misleading and deceptive conduct in relation to employment.
- Claims in connection with an employment relationship alleging interference with contractual relations, inducing breach of contract and/or conspiracy to injure.
- Industrial tort, secondary boycott and related contempt proceedings.
- Appeals and applications in the nature of judicial review from:
- The Industrial Division of the Magistrates' Court (save for decisions made in the exercise of jurisdiction under the Fair Work Act 2009 (Cth)).
- The Human Rights List of VCAT involving allegations by an employee of discrimination or harassment in the workplace.
- Decisions of tribunals in relation to employment.
Notwithstanding the above, proceedings in which the cause of action arose in regional Victoria or where the majority of witnesses or parties reside in regional Victoria should be initiated in the Civil Circuit List.
Judge in charge
The Honourable Justice McDonald
The Honourable Associate Justice Ierodiaconou
Practitioners should consult Practice Note SC CL 11 Employment and Industrial List (First revision) for detailed information concerning the management of cases in the List.
The Associate Judge will give directions for the management of a proceeding in the Employment and Industrial List at a first directions hearing. The Court will contact the parties within 14 days after the filing of the first defence, and no summons for directions is necessary. A calendar of List directions days can be found below.
Applications for injunctions or in relation to contempt of court arising out of industrial contexts will generally be made returnable before the Judge in Charge. All other interlocutory applications are to be made by summons returnable before the Associate Judge. Further information on how to obtain a hearing time for applications can be found at Interlocutory Applications Information Form.
For information concerning pre-trial directions practitioners should consult the pre-trial directions and checklist forms.
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Directions dates are subject to change.
Parties are reminded of the requirement to order transcript for trials and should consider the requirements for ordering transcript contained in Practice Note SC GEN 7 Transcript in Civil Proceedings (Second revision).
General enquiries about the operation of the List or matters in the List may be directed to email@example.com@lairtsudnidnatnemyolpme .
For more information see judicial supports contacts.
Parties are reminded that any correspondence with the Court must be sent simultaneously to all other parties and must be confined to uncontroversial matters. Requests for legal or procedural advice will not be answered. For further information about communication with the Court, see para 6 of Practice Note SC Gen 4 Custom and Protocol.