Oshie Fagir
Solicitor 2008
Barrister 2013
02 9151 2950
[email protected]
Background
Oshie was called to the Bar in 2013 and has since developed a
thriving practice. His focus has evolved from an initial concentration
on employment and administrative law to include a range of
commercial and construction matters.
Oshie represents applicants and respondents and has a diverse
group of clients ranging from large multinationals to small
businesses, government, trade unions and individual litigants. This
diversity of exposure allows Oshie to appreciate the strengths
and weaknesses of both sides of a dispute and give advice which
is frank, technically accurate and practically useful. He thinks it
is important to take into account the commercial, practical and
personal, as well as legal, dimensions of every case.
Both in his practice at the Bar and his earlier career as a solicitor,
Oshie has spent a significant amount of time ‘at the coal face’
appearing unled in courts and tribunals. It is this combination of
practical experience and technical accuracy which gives briefing
solicitors confidence in his ability.
Oshie’s commercial practice is varied and includes both general
commercial and construction matters. His recent experience
includes representing an owners’ corporation in a major
construction defects proceeding in the Supreme Court, an
engineering consultancy defending unconscionable conduct
proceedings in the Federal Court, and a government agency in
professional negligence proceedings against an architect in the
District Court.
Oshie has special expertise in the areas of employment, industrial
relations and discrimination law and is regularly briefed by
employers, unions and individuals in that area. He was named a
recommended junior barrister in the field by Doyle’s Guide within
12 months of coming to the Bar and is a contributing editor to the
LexisNexis “Fair Work” service. As an incident of his industrial law
practice Oshie has experience in administrative law, particularly
proceedings in the Federal Court seeking judicial review of
administrative decisions under s39B of the Judiciary Act.
Oshie also has experience appearing before commissions and
enquiries, including the Royal Commission into Trade Union
Governance, and the Independent Commission Against Corruption
Operation Ricco.
Before coming to the Bar, Oshie worked as a solicitor in private
practice and as in-house counsel for a major trade union.
Focus Areas + Select Cases
Building + Construction, Commercial Law
The Owners Strata Plan No 74602 v Brookfield Australia Investments
Ltd [2015] NSWSC 1916 (Stevenson J) - for the plaintiff in a major
building defects case; led by Corsaro SC and Thomas.
Wise Dragon Pty Ltd v Voltex Group Holdings Pty Ltd
NSD192/2015 (Jagot J) - Federal Court proceedings alleging
unconscionable conduct and breach of a shareholders’
agreement (part heard); unled.
Greenway Chambers
Trimex Pty Ltd v Clarins BV (Bergin CJ in Eq) - for the defendants in
proceedings alleging breach of partnership, breach of fiduciary duty
and oppression (substantive proceedings settled after three weeks
of hearing); led by Corsaro SC and Kidd SC.
Australian National Maritime Museum v Crawford Architects
2015/00171406 - for the plaintiff in professional negligence
proceedings against an architect and fire engineer
(to be heard in 2017); led by Corsaro SC.
Oshie Fagir
Building + Construction, Commercial Law – continued
Central Queensland Aviation Pty ltd v Island Helicopter Pty
Ltd SYG0371/2014 (Manasouridis J) - for the respondents in
Federal Circuit Court proceedings involving allegations of
misrepresentation, unconscionable conduct and breach of contract
(heard in June 2015, decision reserved); unled.
Employment + Industrial Law
Endeavour Energy v CEPU [2016] FCAFC 82 (Full Court) - for the
successful respondent in judicial review proceedings; led by
Taylor SC.
Australian Chamber of Commerce and Industry v Australian Council
of Trade Unions [2015] FCAFC 131; 234 FCR 70 - for the successful
respondent in judicial review proceedings; led by Taylor SC.
ResMed Limited v Australian Manufacturing Workers Union [2015]
FCAFC 195 (Perry J) - for the successful respondent in an appeal of
the decision of Perry J on a question of statutory construction; unled
against Moses SC and Shariff.
West v Western Sydney Local Health District [2015] NSWIRComm
6 (Full Bench) - for the successful respondent employer in unfair
dismissal proceedings; led by Kimber SC
Minebiz Pty Ltd v Codey [2015] FCA 372 (Buchanan J) - for the
successful appellant employer from a decision of an industrial
magistrate; led by Taylor SC.
Public + Administrative
Endeavour Energy v CEPU [2016] FCAFC 82 (Full Court) - for the
successful respondent in judicial review proceedings; led by
Taylor SC.
ResMed Limited v Australian Manufacturing Workers Union [2015]
FCAFC 195 (Full Court) - for the successful respondent in an appeal
of the decision of Perry J in judicial review proceedings; unled
against Moses SC and Shariff.
Australian Chamber of Commerce and Industry v Australian Council
of Trade Unions [2015] FCAFC 131; 234 FCR 70 (Full Court) - for the
successful respondent in judicial review proceedings; led by
Taylor SC.
Appellate
ResMed Limited v Australian Manufacturing Workers Union [2015]
FCAFC 195 (Full Court) - for the successful respondent union in an
appeal of the decision of Perry J in judicial review proceedings;
unled against Moses SC and Shariff.
Sydney Night Patrol and Inquiry Company Limited v Pulleine [2014]
FCA 385 (Katzmann J) - for the successful respondent in an appeal
from a decision of an industrial magistrate; unled.
Minebiz Pty Ltd v Codey [2015] FCA 372 (Buchanan J) - for the
successful appellant employer from a decision of an industrial
magistrate; led by Taylor SC.
West v Western Sydney Local Health District [2015] NSWIRComm
6 (Full Bench) - for the successful respondent employer in unfair
dismissal proceedings; led by Kimber SC
Construction, Forestry, Mining and Energy Union v Spotless Facility
Services Pty Ltd [2015] FWCFB 1162; 248 IR 345 (Full Bench) - for
the successful appellant union in proceedings involve a question of
statutory construction; unled against Parry QC and Siemensma.
Greenway Chambers
Oshie Fagir