Mark Irving

Background

About Mark Irving

Mark Irving SC specialises in employment law and the related fields of industrial law, anti-discrimination law, and restraints of trade. In the last five years he has appeared in over 30 proceedings in the Federal Court, as well as appearing in State courts, the Federal Circuit Court and industrial tribunals across Australia. During that period he also appeared in two leading High Court cases, Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 and Commonwealth Bank of Australia v Barker (2014) 253 CLR 169. Mark appears for employers, regulators, unions, governments and employees alike. He provides timely and clear advice in matters that are often legally, factually and strategically complex. He has appeared in, or prepared and settled, numerous large employment and industrial law cases, high-profile cases, sector-wide industrial arbitrations and matters pushing the boundaries of the law. Mark is the author of The Contract of Employment, a comprehensive examination of the law governing employment contracts. It has been cited in over 50 decisions and was awarded the LexisNexis Centenary Book Award by a panel consisting of former High Court judge the Honourable Dyson Heydon AC, QC, the former Federal Court judge the Honourable Kevin Lindgren AM, QC and Emeritus Professor Gillian Triggs, the President of the Australian Human Rights Commission. He is also a co-author of Labour Law 6th edition, with Professor Andrew Stewart, Professor Anthony Forsyth, Professor Richard Johnstone and Associate Professor Shae McCrystal. Mark was principally responsible for the chapters concerning employment contracts, as well as the commentary on the Australian Consumer Law and the General Protections provisions in the Fair Work Act. He was called to the bar in 1997 and was appointed silk in 2017. He is a member of the Industrial Bar Association and the Australian Labour Law Association.