Background
Bilal has consistently been ranked in Australian and Global legal directories, including The Legal 500 and the Doyle’s Guide in employment law, industrial law and work health and safety. Complementing these core areas, he maintains a thriving practice in anti-discrimination law and restraint of trade matters.
Since being called to the Bar in 2014, Bilal has represented many of Australia’s largest corporations, employer associations and government entities in complex cases and large-scale litigation at trial and appellate level across multiple jurisdictions throughout Australia. He appears primarily in the Federal Court of Australia, Federal Circuit and Family Law Court of Australia, the Supreme Court of NSW, and Federal and State industrial tribunals.
Some of the matters in which Bilal has appeared have contributed to the jurisprudence of the law in his areas of specialisation; a testament to the depth and breadth of his experience and technical knowledge. Bilal has established relationships with his instructing solicitors and has a strong command of his clients’ key priorities in the litigation. He also has a deep understanding of his clients’ legal drivers and commercial imperatives which enables him to craft highly effective strategies, to their advantage. Bilal is a well prepared, thorough and accomplished advocate who adopts a measured approach and possesses highly developed cross-examination skills.
Prior to coming to the Bar, Bilal was a Special Counsel at Ashurst (formerly, Blake Dawson) in its Sydney and Brisbane offices. He also practised as a lawyer at PricewaterhouseCoopers Legal, and was Research Assistant to Emeritus Professor Ronald McCallum AO at the University of Sydney. Previous experience also includes working as a Trade Practices Inquiry Officer at the Australian Competition and Consumer Commission (ACCC).
Bilal regularly delivers presentations in his fields of expertise and has presented at judges’ conferences on issues of diversity and managing cultural sensitivities in the courtroom. He holds a Bachelor of Laws (with Honours) and a Bachelor of Arts (Philosophy) from the University of Sydney.
Select Matters
HIGH COURT OF AUSTRALIA
- Milford v Coles Supply Chain Pty Ltd & Anor [2021] HCASL 37 (Led by R Kenzie QC; instructed by Herbert Smith Freehills) – Application for special leave to appeal from a judgment of the Full Court of the Federal Court of Australia refused.
FULL COURT OF THE FEDERAL COURT OF AUSTRALIA
- Wardman v Macquarie Bank Limited (No 2) [2023] FCAFC 125 (Led by A Moses SC; instructed by Kingston Reid) – Application to set aside final orders on the basis of a compromise between the parties.
- Wardman v Macquarie Bank Limited [2023] FCAFC 13 (Led by A Moses SC; instructed by Kingston Reid) – Appeal relating to first instance judgment concerning statutory and contractual interpretation as relating to employee entitlements and interaction of instruments.
- D&D Traffic Management Pty Ltd v The Australian Workers’ Union [2022] FCAFC 113 – (Led by S Prince SC; instructed by Ai Group Workplace Lawyers) – Application for judicial review of decision of Fair Work Commission not to approve an enterprise agreement.
- Knowles v BlueScope Steel Limited [2021] FCAFC 32 (Led by I Taylor SC; instructed by Hall & Wilcox) –Judicial review of Fair Work Commission decision alleging significant error of fact going to jurisdiction.
- Coles Supply Chain Pty Ltd v Milford [2020] FCAFC 152 (Unled; instructed by Herbert Smith Freehills) – Application for judicial review of decision of the Fair Work Commission relating to statutory interpretation.
- Teekay Shipping (Australia) Pty Ltd v Auld [2020] FCAFC 206 (Led by S Prince SC; instructed by Kingston Reid) – Interpretation of industrial agreement and whether the model consultation term supplements or supplants existing but deficient consultation provisions in enterprise agreement and modern award.
- Teekay Shipping (Australia) Pty Ltd v Auld [2020] FCAFC 19 (Led by S Prince SC; instructed by Kingston Reid) – Application for constitutional writs and related relief in respect of a decision of the Fair Work Commission.
- CPB Contractors Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCAFC 70 (Led by G Hatcher SC; instructed by K & L Gates) – Application for judicial review and whether a coverage clause providing for an opt-put is unlawful under the Fair Work Act
- Mahony v Dr White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney [2016] FCAFC 160 (Led by M Kimber SC; instructed by Makinson d’Apice Lawyers) – Applications for constitutional writs in respect of decisions of the Fair Work Commission.
FEDERAL COURT OF AUSTRALIA
- Assi v Department of Climate Change, Energy, the Environment and Water [2022] FCA 1592 (Unled; instructed by Attia Lawyers) – Application for interlocutory injunction seeking to restrain Commonwealth department from terminating the applicant’s employment.
- Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 5) [2021] FCA 1645 (Unled; instructed by Seyfarth Shaw Australia) – Costs application.
- Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union (No 4) [2021] FCA 1481 (Led by J Darams SC; instructed by Seyfarth Shaw Australia) – Imposition of penalties and compensation for loss and damage to “remedy the effect” of unlawful industrial action.
- Australian Licensed Aircraft Engineers Association of Australia v Virgin Australia Airlines Pty Ltd and Others – NSD 1040/2021 (Led by Y Shariff SC; instructed by Seyfarth Shaw Australia) – Alleged breach of privacy laws relating to Covid policy (matter settled).
- Tetley v Goldmate Group Pty Ltd [2020] FCA 913 (Unled; instructed by People + Culture Strategies) – Application for in person hearing rather than remote hearing.
- Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 451 (Led by J Darams; instructed by Seyfarth Shaw Australia) – Contraventions of the Fair Work Act 2009 (Cth) for unprotected industrial action which was organised.
- Daniel Sutherland v Slater and Gordon Limited (No. QUD323 of 2019) – case settled (Led by C Murdoch KC; instructed by Arnold Bloch Leibler) – Unlawful adverse action claim against law firm (matter settled).
- Tomvald v Toll Transport Pty Ltd [2018] FCA 969 (Led by S Prince SC; instructed by Thrive Workplace Consulting & Legal) – Interlocutory application to strike out pleadings or, alternatively, dismiss the proceedings.
- Reurich v Vincentia Golf Club Pty Ltd [2018] FCA 681 (Unled; instructed by K&L Gates) – Application for summary judgment or in the alternative strike out of pleading relating to discrimination claim.
- Reurich v Acciona Infrastructure Australia Pty Limited [2018] FCA 682 (Unled; instructed by K&L Gates) – Application for summary judgment or in the alternative strike out of pleading relating to discrimination claim.
- Tomvald v Toll Transport Pty Ltd [2017] FCA 1208 (Unled; instructed by Laycock Burke Castaldi Lawyers) – Claims by application of unlawful adverse action and breaches of enterprise agreement.
- Putland v Royans Wagga Pty Limited[2017] FCA 910 (Unled; instructed by Commins Hendriks Pty Ltd) – Claim about whether applicants were employees or independent contractors.
SUPREME COURT OF NSW
- Saridas v Papuan Oil Search Ltd (No 4) [2023] NSWSC 1190 (Led by I Neil SC; instructed by Kingston Reid) – Application for advance ruling in relation to evidence.
- Saridas v Papuan Oil Search Ltd (No 2) [2022] NSWSC 1032 (Led by I Neil SC; instructed by Kingston Reid) – Application to strike out pleadings involving claims of contraventions of whistleblower protections under Corporations Act 2001 (Cth).
- Saridas v Papuan Oil Search Ltd [2022] NSWSC 825 (Led by I Neil SC; instructed by Kingston Reid) – Application to strike out pleadings involving claims of contraventions of whistleblower protections under Corporations Act 2001 (Cth).
- United Muslims New South Wales Inc v Australian Federation of Islamic Councils Inc (No 2); Islamic Council of Victoria Inc v Australian Federation of Islamic Councils Inc [2022] NSWSC 868 (Led by T Dixon; instructed by Taylor & Associates Lawyers) – Construction of association rules and decisions made by executive committee invalid.
- Erin Sellars & Ors v Slater and Gordon Limited (Case Number 2020/00248634) (Led by S Prince SC; instructed by Arnold Bloch Leibler) – Breach of restraint of trade provisions (matter settled).
- El-Khatib v State of NSW South Wales and Secretary of the Department of Transport, Case Number 2016/00138909 (Led by S Prince SC) – Interlocutory application to restrain employer from terminating employment (matter settled).
- BGC Partners (Australia) Pty Limited v Hickey [2016] NSWSC 90 (Led by R Goot SC and S Prince SC; instructed by Toomey Pegg Lawyers) –Alleged breach of restraint of trade provisions and interpretation of employment contract
FEDERAL CIRCUIT AND FAMILY LAW COURT OF AUSTRALIA
- Meshram v Bing Lee Electrics Pty Ltd (No 2) [2023] FedCFamC2G 784 (Unled; instructed by Coleman Greig Lawyers) – Alleged racial and sex discrimination against individuals and employer.
- Nolan v Grace Worldwide (Australia) Pty Ltd [2023] FedCFamC2G 623 (Unled; instructed by Matthews Folbigg Lawyers) – Claim of unlawful adverse action against employer.
- El-Hajje v Rissalah College Limited [2022] FedCFamC2G 260 (Unled; instructed by Thrive Workplace Consulting & Legal) – Interlocutory application relating to unlawful adverse action claim.
- Wardman & Ors v Macquarie Bank Limited; Briody & Ors v Macquarie Bank Limited [2020] FCCA 2725 (Led by A Moses SC; instructed by Kingston Reid) – Claims by multiple applicants involving statutory and contractual interpretation to determine employee entitlements and interaction of instruments.
- Cameron v Goldwind Australia Pty Ltd [2019] FCCA 1541 (Led by Yaseen Shariff; instructed by K&L Gates) – Resisting application for interlocutory injunction to restrain employer from proceeding with termination of applicant’s employment.
- Adachi v Qantas Airways Ltd [2019] FCCA 1107 (Unled; instructed by Ashurst Australia) – Application to strike out points of claim.
- Khoreich v Cisco Systems Australia Pty Ltd [2019] FCCA 3845 (Unled; instructed by Seyfarth Shaw Australia) – Resisting application for extension of time.
- Foster & Anor v Corporate Protection Australia Group Pty Ltd & Ors [2018] FCCA 3070 (Unled; instructed by Carter Newell Lawyers) – Application to strike out statement of claim.
- Adcock v Blackmores Ltd and Ors [2016] FCCA 265 (Led by I Taylor SC; instructed by HWL Ebsworth) – Repudiation of contract; entitlement to redundancy under enterprise agreement.
- Adcock v Blackmores Ltd & Ors [2015] FCCA 1958 (Unled; instructed by HWL Ebsworth) – Notice of objection to subpoena.
DISTRICT COURT
- SafeWork NSW v N Moit & Sons (NSW) Pty Ltd [2023] NSWDC 205 (Unled; instructed by Source Legal) – Sentencing hearing relating to contravention of Work Health and Safety Act 2011 (NSW).
- SafeWork NSW v Qantas Ground Services Ltd (No. 2) [2023] NSWDC 146 (Led by B Hodgkinson SC; instructed by Ashurst Australia) – Application for stay of proceedings unless prosecutor elects to withdraw two of the four summonses in proceedings under Work Health and Safety Act 2011 (NSW).
- SafeWork NSW v Qantas Ground Services Pty Ltd [2022] NSWDC 540 (Led by B Hodgkinson SC; instructed by Ashurst Australia) – Application for stay of proceedings unless prosecutor elects to withdraw two of the four summonses in proceedings under Work Health and Safety Act 2011 (NSW).
OTHER JURISDICTIONS
- National Heavy Vehicle Regulator v FNW Industries Pty Ltd (charges in Local Court of NSW commenced 2023) – Pending proceedings involving alleged contraventions under Heavy Vehicle National law (NSW).
- Inspector Stephen Orr v Boral Resources (NSW) Pty Ltd (Case Number 2020/153099 and others in Local Court of NSW) (Led by Bruce Hodgkinson SC) – Prosecution under work health and safety laws relating to exposure of employees to substances exceeding the standard in the Workplace Exposure Standards for Airborne Contaminants.
- Selamawit Mulholland v State of Queensland and Wavelength International Pty Ltd (QIRC Matter No: AD/2020/33) (Unled; instructed by Wotton Kearney) – Discrimination claims (matter settled).
- Hardwick v Qantas Ground Services Pty Ltd 2016 WAIRC 00713 (Unled; instructed by Ashurst Australia) – Decision by Western Australian Industrial Magistrates Court about whether a higher duty allowance is payable to a cargo driver who works without direct supervision.
- FAIR WORK COMMISSION AND TRIBUNALS (INCLUDING FULL BENCH DECISIONS)
Full Bench
- Georgiou v Transurban Ltd [2022] FWCFB 155 (Unled; instructed by King & Wood Mallesons) – Appeal against decision to refuse extension of time.
- Sydney Water Corporation v Reem Yelda [2022] FWCFB 67 – (Unled; instructed by Bartier Perry) – Appeal against decision that the Respondent was dismissed.
- Ricegrowers Limited T/A SunRice, CopRice Feeds and Australian Grain Storage Pty Ltd v United Workers’ Union [2022] FWCFB 205 (Led by C O’Grady KC; instructed by King & Wood Mallesons) – Appeal of decision relating to interpretation of enterprise agreement ad applicable allowances.
- BlueScope Steel Limited v Knowles [2020] FWCFB 3439 (Unled; instructed by Hall & Wilcox) – Appeal against unfair dismissal decision in relation to a safety incident.
- BlueScope Steel Limited T/A BlueScope Steel Limited Springhill Works v Habak [2019] FWCFB 5702 (Unled; instructed by K & L Gates) – Appeal against unfair dismissal decision in relation to a safety incident.
- Sheldon-Collins v Broadspectrum (Australia) Pty Ltd [2018] FWCFB 5764 (Unled; instructed by Dentons) – Appeal by employee relating to first instance decision dismissing unfair dismissal application.
- Qantas Ground Services Pty Limited T/A QGS v Transport Workers’ Union of Australia [2018] FWCFB 578 (Led by C O’Grady KC; instructed by Ashurst Australia) – Appeal of decision relating to correct classification of employees.
- Qantas Airways Limited v McRae [2017] FWCFB 4033 (Unled) – Appeal against decision providing extension of time.
- TNT Australia Pty Ltd T/A TNT v Transport Workers’ Union of Australia [2017] FWCFB 1510 (Led by F Parry KC; instructed by Ashurst Australia) – Appeal against decision about whether an employee was able to perform the inherent requirements of a role.
- Four yearly review of modern awards [2017] FWCFB 1001 (Unled) – review of penalty rates in Restaurant Industry Award 2010.
- BHP Coal Pty Ltd T/A BMA v Schmidt; Schmidt v BHP Coal Pty Ltd T/A BMA [2016] FWCFB 72 (Unled; instructed by Ashurst Australia) – Appeal against decision concerning termination of employment for safety related incident.
- BHP Coal Pty Ltd T/A BMA v Schmidt; Schmidt v BHP Coal Pty Ltd T/A BMA [2016] FWCFB 1540 (Unled; instructed by Ashurst Australia) – Rehearing following successful appeal against decision concerning termination of employment for safety related incident.
- Construction, Forestry, Mining and Energy Union v Port Kembla Coal Terminal Limited [2015] FWCFB 4075 (Led by J Kirk SC; instructed by Ashurst Australia) – Appeal against decision concerning workplace drug testing.
Single Member
- Australian Workers’ Union v Vinidex Pty Limited [2023] FWC 2351 9 (Unled; instructed by HFW Legal) – Interpretation of enterprise agreement provisions and dispute about applicable rates of pay.
- Svitzer Australia Pty Ltd v The Australian Maritime Officers’ Union [2022] FWC 493 (Led by F Parry KC; instructed by Seyfarth Shaw Australia) – Application to suspend or terminate protected industrial action.
- Application by Svitzer Australia Pty Ltd [2022] FWC 1438 (Unled; instructed by Seyfarth Shaw Australia) – Resisting application for production of documents.
- Shepheard v Calvary Health Care T/A Little Company Of Mary Health Care Limited [2022] FWC 92 (Unled) – Application for relief from unfair dismissal and failure to comply with requirement to vaccinate against COVID-19.
- Reem Yelda v John Gillett; Brendan Nicholson; Sydney Water Corporation [2021] FWC 6589 (Unled; instructed by Bartier Perry) – Application to deal with contraventions involving dismissal.
- Application by the Australian Federation of Air Pilots [2021] FWC 1012 (Unled; instructed by Ashurst Australia) – Application by AFAP for consent to alter eligibility rules to cover Qantas mainline pilots, part time pilots, and independent contractor pilots.
- Transport Workers’ Union of Australia v Dnata Airport Services Australia [2020] FWC 6720 (Unled; instructed by Sparke Helmore Lawyers) – Interpretation of enterprise agreement to determine entitlement of airport ramp and ground handling services employees to loading.
- Wills v The Government of New South Wales, Sydney Trains; Transport for NSW; Mr Grant Marley [2020] FWC 5890 (Unled; instructed by Kingston Reid) – Application for an FWC order to stop bullying relating to investigation process and disciplinary steps.
- Application by CPSU, the Community and Public Sector Union [2020] FWC 265 (Unled; instructed by Ashurst Australia) – Application for a scope order.
- Application by Merlin Entertainments (Australia) Pty Ltd [2019] FWCA 646 (Unled; instructed by Matthews Folbigg Lawyers) – Application for approval of enterprise agreement.
- Milford v Coles Supply Chain Pty Ltd T/A Coles Heathwood Distribution Centre [2019] FWC 4892 (Unled; instructed by Herbert Smith Freehills) – Opposing application for extension of time.
- Richmond v Teekay Shipping (Australia) Pty Ltd [2019] FWC 3692 (Unled; instructed by K&L Gates) – Opposing unfair dismissal application.
- Association of Professional Engineers, Scientists and Managers, Australia v Mt Arthur Coal Pty Limited T/A Mt Arthur Coal [2018] FWC 2008 (Unled; instructed by Herbert Smith Freehills) – Majority support determination.
- Application by Port Kembla Coal Terminal Limited [2018] FWCA 2391 (Led by R Kenzie KC; instructed by Ashurst Australia) – Termination of agreement application.
- Girdler v Western Sydney Community Legal Centre Incorporated T/A Western Sydney Community Legal Centre [2018] FWC 10 (Unled) – Unfair dismissal application.
- Commonwealth of Australia (represented by the Department of Finance on behalf of the Special Minister of State [2017] FWCA 2103 (Unled; instructed by Ashurst Australia) – Application for approval of an enterprise agreement.
- Frethey v Anglo Coal (Dawson Services) Pty Ltd [2017] FWC 1026 (Unled; instructed by Ashurst Australia) – Unfair dismissal application.
- Construction, Forestry, Mining and Energy Union v Port Kembla Coal Terminal Limited [2016]FWC3852 (Unled; instructed by Ashurst Australia) – Interpretation of enterprise agreement.
INDUSTRIAL RELATIONS COMMISSION OF NSW
- Secretary of the Department of Education v X [2023] NSWIRComm 1061 (Led by R Goot SC; instructed by Thrive Workplace Consulting & Legal) – Appeal from dismissal of notice of motion seeking order that proceedings be dismissed for want of jurisdiction.
- X v Secretary, Department of Education [2022] NSWIRComm 1070 (Unled; instructed by Thrive Workplace Consulting & Legal) – Motion to set aside summons to produce.
- Transport Workers’ Union New South Wales v Amazon Commercial Services Pty Ltd (No. IRC 249573 of 2021) (Unled; instructed by Seyfarth Shaw) – Application for reinstatement of contract of carriage under Chapter 6 of the Industrial Relations Act 1996 (NSW).
- Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Acciona Infrastructure Australia Pty Ltd and Ferrovial Agroman [2017] NSWIRComm 1029 (Unled; instructed by Ashurst Australia) – Appeal against a concerning right of entry to the respondent’s premises.