Shane Prince SC

Call 2000 / Silk 2018

Background

Shane is the Head of State Chambers and one of its Directors. He commenced practice at the Bar in 2000 and was appointed Senior Counsel in 2018. He has appeared in excess of 70 reported decisions as well as in landmark cases in the High Court of Australia and Full Court of the Federal Court of Australia. The matters in which he appears are often cited in cases and in leading Australian legal texts.

Shane has been ranked in legal directories as a leading barrister in employment law and industrial law, and is highly regarded for his technical knowledge and expertise in public law and administrative law. He maintains a general commercial practice and has extensive experience in migration law, constitutional law, human rights law, admiralty and maritime law, commercial law and corporations law. Shane’s experience also extends to appearing in several high-profile public interest cases and coronial inquests, as well as in international matters, and in particular, international commercial arbitrations in the Asia-Pacific region.

Over many years, Shane has been a trusted advisor to Government and many of Australia’s blue-chip companies across a broad spectrum of sectors. His trial and appellate practice has seen him appear in some 53 cases in the High Court of Australia, and in a considerable number of reported decisions in the NSW Court of Appeal and Federal Court of Australia. Shane was previously listed as being within the top 10 junior counsel appearing in the High Court and having the highest number of appearances and speaking roles of any junior counsel in Australia; a number that competed with some of the most highly esteemed and eminent Senior Counsel in the country at the time.

Shane has made significant and sustained contributions to the development of the law. In 2015, he was awarded the Refugee Week Humanitarian Award and in 2005 was nominated for a Justice Medal in recognition of his pro-bono work. He regularly appears in cases managing sizeable legal teams involving complex and difficult points of law, many of which challenge the current law and involve substantial and novel issues of statutory construction. Such matters require advanced analytical and conceptual skills. Shane is highly adept at making forensic, tactical and strategic decisions and is commended by his clients for his strong technical abilities, formidable advocacy and highly developed interpersonal skills.

Previously, Shane worked at the NSW Crown Solicitor’s Office, a boutique workplace relations firm, and was Head of employment law at London Borough of Southwark. He is a current Director of the Drug Intervention Program and holds a Bachelor of Laws and Bachelor of Arts from the Australian National University, and a Certificate in Maritime and Shipping Contracts from Lloyd’s Academy in London.

Shane is available to appear as Arbitrator domestically and internationally. He is a Senior Certified International Arbitrator of the International Dispute Resolution and Risk Management Institute in Hong Kong and has been engaged in International Arbitration in the region. Shane is also a Nationally Accredited Mediator through the Australian Disputes Centre (ADC) and has conducted complex mediations.

Accolades

Select Matters

High Court

  • Dean v Pope [2023] HCATrans 88 (16 June 2023) – Special leave argument re construction of s 5O of the Civil Liability Act.*
  • Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32 (9 September 2020) [2020] HCA 32; 94 ALJR 897; 383 ALR 194.- Refugees- whether obligation to consider Australia’s refoulment when considering visa cancellation under s 501 of the Migration Act.*
  • Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421
  • Minister for Immigration v SZSSJ and SZTZI [2016] HCA 29, (2016) 259 CLR 180, 90 ALJR 901, 334 ALR 653, [2016] ALMD 4442, [2016] ALMD 4448, [2016] ALMD 4451, [2016] ALMD 4452*.
  • Minister for Immigration v WZAPN [2015] HCA 22, (2015) 254 CLR 610, 89 ALJR 639, 320 ALR 467, 146 ALD 480, [2015] ALMD 2778, [2015] ALMD 2784*.
  • *Minister for Immigration v WZARH [2015] HCA 40, (2015) 256 CLR 326, 90 ALJR 25, 326 ALR 1, [2016] ALMD 10, [2016] ALMD 76
  • Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd, Contracting Solutions Pty Ltd & Paul Konstek [2015] HCA 45, (2015) 256 CLR 137, 90 ALJR 107, 255 IR 229, 326 ALR 470, (2015) 67 AILR 102-490, [2016] ALMD 277, [2016] ALMD 459, [2016] ALMD 464.
  • *Plaintiff S10/2011 v Minister for Immigration and Citizenship; Kaur v Minister for Immigration and Citizenship; Plaintiff S49/2011 v Minister for Immigration and Citizenship; Plaintiff S51/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636
  • Koroitamana v Commonwealth of Australia (2006) 227 CLR 31; 227 ALR 406; 80 ALJR 1146 [2006] HCA 28
  • *Re Minister for Immigration & Multicultural & Indigenous Affairs; Ex parte Applicant S190 of 2002 [2002] HCA 39; (2002) 191 ALR 569
  • PP Consultants v Finance Sector Union of Australia [2000] HCA 59; (2000) 201 CLR 648; (2000) 75 ALJR 191; (2000) 21 Leg Rep 2

NSW Court of Appeal

  • Dean v Pope [2022] NSWCA 260 (14 December 2022) 110 NSWLR 398 – Five Member Full Court- Multiple strands of judicial consideration of s 5O and Bolam principle for liability for professionals in tort.
  • Larter v Hazzard [2022] NSWCA 238 (22 November 2022) – Leave to appeal – involves important consideration of the time constraints on COVID Public Health Orders.
  • Livers v Legal Services Commissioner (No 2) [2021] NSWCA 164 (6 August 2021) – Costs for NCAT proceedings where NCAT decision overturned on appeal.
  • Livers v Legal Services Commissioner [2020] NSWCA 317 (10 December 2020) [2020] NSWCA 317; 103 NSWLR 738- Court of Appeal upheld appeal from NCAT Occupational Division and dismissed charges of unprofessional conduct against Mr. Livers.
  • Mangano v Bullen [2020] NSWCA 283 (12 November 2020) – LAND LAW – CORPORATIONS LAW- whether title to property acquired by fraud – deregistration of company under the 1981 Companies (New South Wales) Code – whether property of deregistered company vested in ASIC – effect of deeming provisions in s 459(6) of the Companies Code.
  • BP v State of New South Wales [2019] NSWCA 223 (10 September 2019) – Terrorism High Risk Offender matter- appeal unnecessary as application for ESO by Crown withdrawn.
  • Ibrahimi v Commonwealth of Australia [2018] NSWCA 321 (19 December 2018) (Meagher and Payne JJA, Simpson AJA); 366 ALR 341 (led by Cranitch SC; for Commonwealth: A Bell SC, M O’Meara, R Jedrzejczyk).
  • *Lewis v Sergeant Riley [2017] NSWCA 272, (2017) 96 NSWLR 274.
  • Hunter Development Corporation v Save Our Rail NSW Inc (No 2) [2016] NSWCA 375, (2016) 93 NSWLR 704, 220 LGERA 73, [2018] ALMD 1198
  • *Bakers Delight Holdings Ltd v Industrial Court of New South Wales, Illawarra Breads Pty Ltd and Ors (2009) 186 IR 361; [2009] NSWCA 126 (against Bret Walker SC)
  • *Deva v University of Western Sydney (2008) 175 IR 89; [2008] EOC 93-497; [2008] NSWCA 137
  • *Kelly v Saadat-Talab (2008) 72 NSWLR 305; (2008) 228 FLR 284; (2008) 251 ALR 398; [2008] NSWCA 213
  • Commonwealth of Australia v Griffiths (2007) 245 ALR 172; (2007) 70 NSWLR 268; [2007] NSWCA 370
  • Chubb Security Australia Pty Ltd v Industrial Relations Commission of New South Wales [2005] NSWCA 334 (26 September 2005) (Giles JA); 147 IR 168.\
  • The Owners Strata Plan No 56443 v Regis Towers Real Estate Pty Ltd (2003) 58 NSWLR 78; [2003] NSWCA 274
  • Puglisi v Administrative Decisions Tribunal of New South Wales Appeal Panel [2001] NSWCA 298 (12 September 2001) (Heydon JA, Foster AJA and Studdert J) 52 NSWLR 350; 116 LGERA 194

Supreme Court

Full Court Federal Court and Federal Court Appeals

Federal Court

Land and Environment Court

Industrial Relations Commission

  • *Hausmeister v Willoughby Council (No 2) [2023] NSWIRComm 1022 (17 March 2023) – Unfair Dismissal Appeal, arguable case found for COVID related unfair dismissal- appeal allowed and time for unfair dismissal extended.
  • *Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 (16 June 2015) (Walton J, President; Kite AJ; Newall C; 250 IR 412.
  • *Port Kembla Coal Terminal Limited v Construction, Forestry, Mining and Energy Union (New South Wales Branch) (No 2) (2014) 88 NSWLR 471; [2014] NSWIC 3
  • *Re Crown Employees (Public Sector – Salaries 2011) Award (No 3) (2011) 210 IR 458; [2011] NSWIRComm 104
  • *Public Service Association and Professional Officers’ Association Amalgamated Union of NSW v Director of Public Employment [2011] NSWIRComm 143 (31 October 2011) (Walton, Vice-President, Kavanagh and Backman JJ).
  • Lowe v BEA Systems Pty Ltd (2008) 180 IR 212; [2008] NSWIRComm 220
  • *Linda Iris Neeson v Amora Company Ltd [2008] NSWIRComm 71 (18 April 2008) (Boland J President; Walton J Vice-President; Schmidt J) 172 IR 228
  • Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Port Kembla Coal Terminal Ltd (2007) 169 IR 141; [2007] NSWIRComm 296
  • United KFPW v National Union of Workers, New South Wales Branch (2006) 158 IR 336; [2006] NSWIRComm 391
  • *Crewdson v Director Generals NSW Department of Ageing Disability and Home Care/Department of Community Services (No 12) [2005] NSWIRComm 426 (11 November 2005); 148 IR 194
  • *New South Wales Fire Brigade Employees Union v the Crown in the Right of NSW (NSW Fire Brigades) [2004] NSWIRComm 285 (24 September 2004); 136 IR 320
  • Inspector Ian Batty v Graincorp Operations Ltd [2002] NSWIRComm 49

Fair Work Commission

NCAT / AAT

Coroner’s Court

Federal Circuit Court

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