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 (External link).

      Judge in Charge

      The Honourable Justice McDonald

      Associate Judge in Charge

      The Honourable Associate Justice Ierodiaconou

      Management of cases

      The Associate Judge in Charge will give directions for the management of a proceeding in this 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 may 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 in Charge.

      Further information and resources

      Practice Note SC CL 11 (External link) provides information on how to obtain a hearing time for applications as well as further guidance on management of proceedings in the List.

10 September 2018

24 September 2018

8 October 2018

22 October 2018

12 November 2018

26 November 2018

3 December 2018

10 December 2018

Contact details

For more information see judicial contacts (External link). General enquiries about the operation of the List or matters in the List may be directed to employmentandindustrial@supcourt.vic.gov.au (External link)