Marc Felman KC

From 1999 until 2003, Marc worked for Minter Ellison in the employment/industrial relations practice. From August 2003 until August 2004, Marc was Associate to the Honourable Justice Ryan in the Federal Court of Australia. At the Bar, Marc’s practice has been primarily focused on Industrial and Employment Law, including in a number of class actions. Marc represents a wide range of employers in many different industries, as well as employees. Marc regularly represents the State of Victoria and the Commonwealth of Australia, as well as government departments and authorities, including the Victorian Department of Education and the Fair Work Ombudsman.

From 2019 to 2021, Marc was ranked by Doyle’s Guide as a preeminent junior counsel in Australia. In 2022 and 2023, Marc was ranked as a leading senior counsel in Victoria and in 2023 as a recommended senior counsel in Australia.

Marc read with Justin Bourke KC and his senior mentor was Jeff Sher QC. Prior to taking silk, Marc had three readers, Andrew Pollock, David Easteal and Tessa Duthie.

Some of the cases that Marc has been involved in are set out below (the party that Marc represented is indicated in bold):

• Wilkinson v Wilson Security Pty Ltd [2022] FCA 756 (declass proceeding in class action)
• Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (The Yatala Labour Prison Case) (No 2) [2023] FCA 429
• Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Ombudsman [2023] FCA 72 (appeal against civil penalty)
• Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (led by John Blackburn SC) (contractor v employee dispute)
• Wong v National Australia Bank Limited [2022] FCAFC 155 (adverse action appeal)
• Australian Building and Construction Commissioner v Australian Workers’ Union [2022] FCAFC 143(led by Justin Bourke KC) (appeal against civil penalty)
• Wilkinson v Wilson Security Pty Ltd [2022] FCA 756 (class action s.33N(1)(a) application)
• Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156(led by Justin Bourke KC) (contractor v employee dispute)
• Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Yatala Labour Prison Case)[2022] FCA 492 (strike out application)
• Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The NEXT DC P2 Project Case)[2022] FCA 37 (civil penalty hearing)
• Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Palmerston Police Station Case) [2021] FCAFC 7 (appeal against civil penalty)
• Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The Adelaide Airport Case) [2021] FCA 951 (civil penalty hearing)
• Australian Building and Construction Commissioner v Australian Workers’ Union [2021] FCA 861 (led by Justin Bourke KC) (civil penalty hearing)
• Wong v National Australia Bank Limited [2021] FCA 671 (adverse action and defamation)
• Liberty Financial Pty Ltd v Jugovic [2021] FCA 607 (led by Stuart Wood KC) (restraint of trade and confidential information)
• Australian Manufacturing Workers’ Union v McCain Foods (Aust) Pty Ltd [2021] FWCFB 4808(appeal re s.418 application)
• Australian Cardiology Services Pty Ltd v Rudd [2020] VSC 645 (confidential information and misleading & deceptive conduct)
• Australian Building and Construction Commissioner v Menon [2020] FCA 1418 (civil penalty hearing)
• Toll Transport Pty Limited T/A Toll Shipping v Construction, Forestry, Maritime, Mining and Energy Union [2020] FWC 1381 (s.418 application)
• Australian Building and Construction Commissioner v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] FCA 404 (civil penalty hearing)
•  Eastern Van Services Pty Ltd v Victorian WorkCover Authority & Barca [2020] VSCA 154 (contractor v employee characterisation)
• Tutos v State of Victoria [2019] VSC 673 (Anshun estoppel)
• Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner [2019] FCAFC 201 (led by Justin Bourke QKC)(civil penalty hearing)
• Fair Work Ombudsman v National Union of Workers [2019] FCA 1826(civil penalty hearing)
• Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The NewCold Picket Case) [2019] FCA 2038 (civil penalty hearing)
• Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd & Hanssen Pty Ltd [2019] FCA 1806 (contractor v employee characterisation, accessorial liability, misrepresentation)
• Australian Building and Construction Commissioner v Hassett [2019] FCA 855(civil penalty hearing)
• Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining, and Energy Union (Syme Library Case) (No 2) [2019] FCA 1555(civil penalty hearing)
• Torosidis v Department of Education and Training [2019] VSC 93 (led by Claire Harris KC) (judicial review)
• Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (The Syme Library Case) [2018] FCA 1142 (adverse action and misrepresentation)
• Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Inspector Lam [2018] FCA 1379 (application to set aside notice to produce issued by the Fair Work Ombudsman)

Marc is also the author of “Remedies on Termination of Employment” Law Institute Journal, Vol 80, (No.4) April 2007 and “Employee or contractor: the eternal conundrum” (with Tess Duthie), Law Institute Journal, Vol 95, (No.5) May 2021

*Liability limited by a scheme approved under Professional Standards legislation