Gavin Rebetzke Barrister-at-Law

Transcription

1 Gavin Rebetzke Barrister-at-Law ABN Roma Mitchell Chambers Level 9, Quay Central 95 North Quay Brisbane Qld 4000 T: M: Curriculum vitae Gavin Rebetzke Barrister-at-Law Practice Areas Profile Gavin: o Industrial/Employment Law (including breach of confidence and restraint of trade, general protections/adverse action claims, unfair and wrongful dismissal, executive separation, discrimination, right of entry and bargaining disputation) o Defamation o Inquests/Commissions of Inquiry/Statutory Tribunals (particularly coronial inquiries) o Administrative Law (particularly professional discipline) o Criminal Law Has appeared in State and Federal industrial commissions in dispute, unfair dismissal and workers compensation proceedings. Has argued appeals in the Queensland Industrial Court and the full bench of the Australian Industrial Relations Commission. Has experience in executive employment contract disputes including redundancy negotiation, and litigation involving misleading and deceptive conduct in pre-contractual negotiations and alleged breaches of implied duties. Has appeared in demarcation and right-of-entry disputes. Is regularly retained to read manuscripts to provide pre-publication defamation advice, and to draw and settle pleadings in defamation proceedings. Has appeared in matters in the Planning and Environment Court. Has over 15 years legal experience with matters pertaining to the health industry, primarily through work from or referred by the Queensland Nurses Liability limited by a scheme approved under Professional Standards Legislation.

2 -2- Union, including significant industrial cases, coroners cases, professional disciplinary cases (Professional Conduct Committee, Nursing Tribunal and QCAT), the Bundaberg Hospital Commissions of Inquiry, advising on health law matters, personal injuries and criminal law. Has appeared in over 30 coronial inquests, typically to represent and protect the interests of nurses and midwives in relation to deaths in a range of health care settings. Was briefed as junior counsel in a series of Freedom of Information applications in the Administrative Appeals Tribunal and the preparation of a subsequent Federal Court Appeal for Dr Mohammed Haneef. Has conducted jury trials (both alone and as junior counsel) in matters involving serious criminal charges. Defended an enrolled nurse tried for the negligent manslaughter of a patient the first such trial of a nurse charged with negligent manslaughter in Australia appearing as solicitor advocate during the Committal Hearing and later as junior counsel during the Supreme Court trial. Is experienced in coordinating multidisciplinary teams in large and complex matters. Prior to his call to the Bar he acted for the Queensland Nurses Union and its members during the Bundaberg Hospital Commissions of Inquiry, and in that union s EB5 public sector industrial campaign which included multiple conciliation hearings, an application by the Queensland Government to terminate the bargaining period, a full bench arbitration, and a judicial review application to the High Court, remitted and heard by a Full Court of the Federal Court. Academic Qualifications Gavin holds the degrees of Bachelor of Arts (1991) and Bachelor of Laws (1994) from the University of Queensland. Legal Career July 2008-present July 2007-July 2008 July 2000-July 2007 January 1995-July 2000 Barrister-at-Law practising from Roma Mitchell Chambers, Brisbane. Pupillage at the Bar. (Mentors: Alan MacSporran SC and John Allen). Partner, Roberts & Kane Solicitors, Brisbane. Employed Solicitor, Roberts & Kane. 2

3 -3- December 1992-January 1995 Articles of Clerkship. (Mentor: Veronica McCarthy, Roberts & Kane). Published articles Rebetzke, G., Industrial Court subject to judicial review, Precedent, Issue 97 March/April Rebetzke, G., Evidence by Interpreter: Be Prepared!, Precedent, Issue 93 July/August Rebetzke, G., Book Review: Tribunals in the Common Law World, Hearsay, Issue 36, August Rebetzke, G., Appellate Practice Book Review, Hearsay, Issue 28, June Rebetzke, G., Families Behind Bars Stories of Injustice, endurance and Hope Book Review, Hearsay, Issue 28, June Rebetzke, G., Enhancing Open and Accountable Government (review of discussion paper), Hearsay, Issue 25, April Rebetzke, G., and Simpson, J., Protecting the Public with a Heavy Hand?, Aust Nurs J., 2002 Jul; 10(1): Rebetzke, G., Preparation of affidavits for nurses, The Queensland Nurse, March/April Presentations Defamation Law in Practice, 3.5 hour seminar, 31 March 2011, at Brisbane, CPDS: Continuing Professional Development Seminar Conference presentation to State conference of Queensland Nurses Union of Employees, Anatomy of a manslaughter case, 7 July Introduction to the Privacy Act 1988 and Natural Justice Refresher to Queensland Nurses Union of Employees, 10 December

4 -4- Professional Memberships Australian Lawyers for Human Rights (past National Treasurer ) Australian Institute of Administrative Law Bar Association of Queensland Industrial Relations Society of Queensland Medico-Legal Society of Queensland Extralegal interest Principal Clarinet Brisbane Symphony Orchestra (current). Selected Cases Page v Thompson [2014] QSC 252 (Supreme Court; judicial review) McLaren v Rallings & Ors [2014] QSC 68 (Supreme Court; judicial review) United Motor Search Pty Ltd v Hanson Construction Materials Pty Ltd (No 2) [2014] FCA 277 (Federal Court; Interlocutory injunctions; Fair Work general protections claim) Liston v Tablelands Regional Council & Anor; Pensini v Tablelands Regional Council & Anor [2013] QPEC 76 (Planning and Environment Court Appeal; Good Quality Agricultural Land (GQAL); whether sufficient grounds to approve development despite conflict with planning schemes) United Motor Search Pty Ltd v Hanson Construction Materials Pty Ltd [2013] FCA 1104 (Federal Court, Mandatory interlocutory injunction; Fair Work general protections claim; claims in contract and equity, Australian Consumer Law) Friend & Ors v Brisbane City Council [2013] QPEC 23; (2013) 196 LGERA 337 (Planning and Environment appeal; donations to litigation fund; whether abuse of process) Silver v Rogers (2012) 224 IR 439 [2012] FMCA 674 (Industrial Law; termination of employment; general protections; physical disability; contravention of National Employment Standards; Imposition of penalties; Damages) Inquest into the deaths of SH and AW (Coroner Lock, 25 January 2013) (patient suicide; suitability of acute unit for some patients; hotspot for suicide; referral to chief executive of Workplace Health and Safety Queensland) data/assets/pdf_file/0003/172983/cif-sh-aw pdf 4

5 -5- Inquest into the death of Preston Paudel (Coroner Lock, 25 October 2012) (Childbirth; CTG trace interpretation; escalation of care) data/assets/pdf_file/0005/165470/cif-paudel-p pdf Inquest into the death of Mia Davies (Coroner Lock, 28 September 2012) (Childbirth; CTG trace interpretation; escalation of care) data/assets/pdf_file/0005/163436/cif-davies-m pdf Inquest into the death of Nerida Parry (Coroner Rinaudo, 6 September 2012) (Laparoscopic cholecystectomy surgery; nurse - doctor communication) data/assets/pdf_file/0019/162244/cif-parry-na pdf Inquest into the death of Patient A (Coroner Lock, 5 July 2012) (mental health; suicide; community treatment; root cause analysis) data/assets/pdf_file/0011/157925/cif-patienta pdf Nursing and Midwifery Board of Australia v CD [2011] QCAT 728 (Professional discipline; unsatisfactory professional conduct; breach of conditions; nurses) Chalouhi v Tunstall Australasia Pty Ltd [2011] FMCA 550 (Industrial Law; General Protections; Extension of time) Inquest into death of Margery Frost (Coroner MacCallum, 31 May 2011) (Nursing Home, staffing levels, storage of lifting hoist) data/assets/pdf_file/0006/93840/cif-frost-m pdf Sutton v Telstra Corporation Ltd [2011] AATA 419 (Workers Compensation Comcare; Medical and Hospital treatment) Haneef v Australian Federal Police [2010] AATA 514 (Administrative Law; Freedom of information; Legal Professional Privilege; National Security; Material obtained in confidence) Parker v President, Industrial Court of Queensland [2010] 1 Qd R 255 (Administrative Law; jurisdictional error; workers compensation; psychiatric injury) Parker v President, Industrial Court of Queensland [2010] HCATrans 53 (Special Leave application) Haneef v Secretary, Department of Prime Minister and Cabinet [2009] AATA 777 (Administrative Law; Freedom of Information) Lane v Q-COMP (C/2009/34 Queensland Industrial Court) (Workers compensation; psychological injury; reasonable management action) 5

6 -6- Sentencing hearing in parking meter thefts case (various media reports, 14 September 2009) fnhf.html Solway v Australian Postal Corporation [2009] AATA 386 (Workers compensation - Comcare; sexual harassment at work causing psychiatric injury; flawed perception providing requisite causal relationship) Legal Services Commissioner v Shera [2009] QLPT 15 (Professional discipline; unsatisfactory professional conduct; solicitors) R v Tran [2009] QDC 082 (Evidence; admissibility of police record of interview; discretion to exclude; unfairness; translators and interpreters) Inquest into the death of Margaret Allan Johnston (Coroner Lock, 20 November 2009) (insulin, hypoglycaemic brain injury; immunoassays; mediation error or maladministration) data/assets/pdf_file/0007/86821/cif-johnston-ma pdf Inquest into the deaths of Liam John Wright and Charles Michael Powell (Coroner Lock, 20 March 2009) (suicide by train over-run; mental health services; adequacy of care and decision making) data/assets/pdf_file/0010/86779/cif-wright-lj-powell-cm pdf Sleat v Loof [2008] QSC 286 (Administrative Law; judicial review; error of law) R v Solon [2008] QDC 127 (Evidence; Admissibility; Expert opinion of complainant s psychiatric condition) Inquest into the death of Thomas Dion Waite (State Coroner, 17 March 2008) (Police shooting; mental health assessments; involuntary treatment order criteria) data/assets/pdf_file/0004/86728/cif-waite-td-huynh-m-jacobs-jh-gear-jm pdf Re Boeing Australia Ltd (2007) 166 IR 371 (Industrial Law; Termination of employment; operational requirements) Australian Nursing Federation v Department of Health (Qld) (2003) IR 244 (Industrial Law; section 170MX arbitration; public sector nurses)[as instructing solicitor, before call to the bar] 6