Specialist In:

Anti-discrimination and
Sexual Harassment law
Appellate law
Employment and Industrial law
Equity
Restraints of Trade

CONTACT DILAN

+61 2 9189 5737

Dilan Mahendra

Background

Dilan is widely regarded as a pre-eminent barrister in employment law in Australia having commenced practice as a barrister in 2010. He has extensive experience representing clients in matters concerning restraint of trade, employment law and industrial relations, anti- discrimination law as well as in administrative law, commercial law and equity.

Dilan is known for his strategic approach to litigation, as well as for his attention to detail and forensic questioning. He is well prepared for every situation and thinks quickly on his feet. Dilan is a thorough advocate and is committed to presenting all available arguments in a persuasive and succinct manner.

Dilan aims to provide a stress-free experience for instructing solicitors. He takes a clear- thinking, practical approach to litigation, and remains calm during the pressures of litigation and when facing tight deadlines.

Dilan is regularly briefed by leading employer and employee-focused law firms, as well as directly by public and private organisations. He has represented organisations as diverse as BHP, Illawarra Coal, Westpac, Adobe Systems, Western Union and several State and Commonwealth Government agencies.

Since 2016, Dilan has been recognised in Doyle’s Leading Employment Junior Counsel for NSW and Australia. Dilan has also been recognised as a leading employment junior counsel in Chambers & Partners – Asia-Pacific.


Focus Areas/Select Cases

Selected Restraints of Trade Cases

  • Samsung Electronics Australia Pty Ltd v Grenville [2024] NSWSC 608 – successful interlocutory injunctive relief to restrain a former National Manager of the plaintiff from commencing employment with a competitor.
  • Scyne Advisory Business Services Pty Ltd v Heaney [2024] NSWSC 275 – successful defence of an interlocutory application seeking to restrain Ms Heaney from commencing employment with a competitor.
  • Cushman & Wakefield Agency (NSW) Pty Ltd v Hudson (No 2) [2023] NSWSC 884 – successful application seeking final injunctive relief against an Associate Director of the plaintiff who sought to commence employment with a competitor during her garden leave period. The Court granted an further non-competition injunction for a period of 3 months after the defendant’s employment had ended.
  • DXC Eclipse Pty Ltd v Wildsmith (No 2) [2022] NSWSC 1330 & DXC Eclipse Pty Ltd v Wildsmith [2023] NSWCA 98 – successful defence of an application to enforce restraints of trade obligations in a Share Purchase Agreement seeking to prevent Mr Wildsmith from being involved in a new business venture. The proceedings were dismissed on the basis that the new business venture was not in “competition” with the plaintiff. On appeal, Dilan was led by Ms Ruth Higgins SC.
  • Willis Australia Group Services Pty Limited & Anor v Tony Wang (2021/213259) – led by Moses SC, successful injunctive relief and declaratory relief application against a former director who had taken confidential information from his employer and sought to commence work with a competitor.
  • Nidus Group Real Estate v Marvin Dayupay & TSEA Pty Ltd (2021/00051995) – successful interlocutory application in the Supreme Court of New South Wales to restrain a real estate agent from competing within a 3 km radius of the plaintiff’s place of business.
  • Steadfast IRS Pty Limited v Latchmi Mesuria [2020] NSWSC 947 (27 July 2020) – successful final injunction restraining the defendant from soliciting customers of the plaintiff for a period of 12 months from the date her employment ended.

Selected Anti-Discrimination, Employment and IR Cases

  • Taylor v August and Pemberton Pty Ltd [2023] FCA 1313 – Dilan acted for Ms Taylor who succeeded in obtaining $180,000 in general damages for sexual harassment and victimisation against the respondents and $15,000 in aggravated damages.
  • Healthcare Supply Partners Pty Ltd v United Workers' Union [2024] FWC 1816 (10 July 2024) – successful application under s.418 of the Fair Work Act to prevent unprotected industrial action.
  • Chan v Commonwealth of Australia as represented by the NDIS Quality and Safeguards Commission [2023] FCA 1458 – successful interlocutory application for injunctive relief to prevent the suspension of Dr Chan’s employment with the respondent.
  • David Damevski v Westpac Banking Corporation [2022] FWC 1553 (8 September 2022) – successful defence of an unfair dismissal application brought by the applicant following his dismissal for failing to follow Westpac’s lawful and reasonable directions.
  • James v Department of Justice (Corrective Services NSW) [2022] NSWCATAP 49 (23 February 2022) – successful defence of an appeal brought by Ms James following the dismissal of her claim that she had been discriminated against and victimised.
  • Australian Building and Construction Commissioner v CFMMEU (the WGC Cranes Case) [2021] FCA 622 (9 June 2021) – led by Renwick SC obtained penalties against the CFMMEU totalling $364,000 for contraventions of s.54(1) of the Building and Construction Industry (Improving Productivity) Act 2016 and s.346 of the Fair Work Act 2009 based on the CFMMEU’s conduct in applying undue pressure to WGC Cranes to make or approve a building enterprise agreement and for taking adverse action against an employee of WGC Cranes by posting photograph of him on the CFMMEU’s Facebook page and calling him a “scab”.

Selected Appeals

  • Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v NSW Electricity Networks Operations Pty Limited as Trustee for NSW Electricity Networks Operations Trust T/A Transgrid [2024] FWCFB 365 (9 September 2024) – successful appeal of a decision of the Fair Work Commission in relation to orders suspending industrial action.
  • DXC Eclipse Pty Ltd v Wildsmith [2023] NSWCA 98 – led by Ms Ruth Higgins, successful defence of an appeal from a decision dismissing DXC Eclipse’s application for enforcement of restraints of trade contained in a Share Purchase Agreement.
  • James v Department of Justice (Corrective Services NSW) [2022] NSWCATAP 49 (23 February 2022) – successful defence of an appeal brought by Ms James following the dismissal of her claim that she had been discriminated against and victimised.
  • Kodari Securities Pty Ltd v Tran [2020] FCAFC 164 (1 October 2020) - Having acted for Mr Tran in the proceedings below and obtained an order requiring the Respondents to pay a total of $150,000 in damages and penalties for adverse action and coercion under ss.340 and 343 of the Fair Work Act 2009, successfully defended the appeal brought by the Respondents in the Full Federal Court.
  • Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181 (23 October 2019) – led by Y Shariff, successfully overturned his Honour Flick J’s decision in which Western Union had been found to engage in adverse action. The matter concerned the proper interpretation of s.351 of the Fair Work Act 2009 and whether it is contravened in circumstances where the decision-maker did not know whether or not employee was ill.
  • Shop, Distributive and Allied Employees Association v Fantastic Furniture Pty Ltd T/A Fantastic Furniture [2020] FWCFB 3570 (8 July 2020) - successful defence of an appeal in concerning the approval of an Enterprise Bargaining Agreement which the Union argued did not meet the “better off overall test”.
  • New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 (12 April 2019) – successful appeal in which the Union (represented by M Gibian SC) had sought to appeal Commissioner Constant’s decision concerning clause 48 of the Public Health System Nurses and Midwives (State) Award regarding the “status quo” once a dispute is notified.
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