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Madelaine August

Partner

Melbourne

+61 3 8687 7362 0498 000 712

Madelaine has significant expertise across all aspects of workplace and industrial law, including workers compensation, employment issues, industrial relations and occupational health and safety / work health and safety (OHS / WHS). She also advises a number of insurers in professional indemnity issues involving employment, regulatory investigations and related issues.

EXPERIENCE & EXPERTISE

Madelaine provides expert advice on injury claims arising from a range of statutory schemes. For many years, she has provided legal services to self-insurers in the Victorian State scheme under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic). She is a valued adviser and works closely with companies in a number of industry sectors including construction, building products, transport and logistics, retail and consumer goods. In addition, she also works with licensees in the Comcare jurisdiction, and for CTP Insurers in their injury related claims.

Madelaine’s broader practice includes providing legal services to employers, insurers and associations in the areas of employment law, WHS, regulatory investigations and workplace relations. Her experience includes unfair dismissal claims, general protections applications, statutory and contractual entitlements disputes and complaints under equal opportunity legislation in Victoria, Tasmania and South Australia.

She also acts in WHS matters, including with respect to WorkSafe investigations and the defence of prosecutions in Victoria and South Australia, including serious incidents and catastrophic events.

Her employment law practice focusses on alternative dispute resolution and litigated disputes covering all aspects of workplace and industrial law.

ACCOMPLISHMENTS

Self-Insurance and Personal Injury
  • Strategic handling of self-insurance claim portfolios in both the Victorian and Comcare schemes, including advising on self-insurance compliance and audit issue
  • Advising self-insurers on no-fault entitlements, including weekly payments, medical and like expenses and impairment benefits claims
  • Responding to ‘serious injury’ applications, including defending originating motions and common law claims
  • Acting in personal injury litigation arising in the context of statutory insurance schemes in Victoria and Tasmania.
WHS and Regulatory
  • Defence of WHS of prosecutions in Victoria and South Australia, including serious incidents and catastrophic events
  • Successful defence of a recent WorkSafe Victoria prosecution (VWA v PD Cranes Pty Ltd (2019))
  • Advising on obligations, liabilities and compliance issues for employers arising under OHS / WHS legislation
  • Defending Sentencing Act 1991 (Vic) applications arising from WorkSafe Victoria prosecutions, including the successful defence of Binos and Anor v Enfield Forge Pty Ltd (2012)
  • Assisting duty holders to respond to regulatory investigations, including civil penalty matters.
Employment Law
  • Providing legal services to employers, insurers and associations in the areas of employment law, WHS, regulatory investigations and workplace relations
  • Experienced in acting for Employment Practices Liability insurers and Medical Defence Organisations.
  • Advocacy in the Fair Work Commission, Federal Circuit Court and Federal Court across the spectrum of employment litigation including unfair dismissal claims, general protections applications, bullying applications, statutory and contractual entitlements disputes. This includes the recent successful defence of a general protections claim in Federal Circuit Court (Foody v Carroll Resources Pty Ltd [2020] FCCA 1623)
  • Responding to complaints under equal opportunity legislation in Victoria, Tasmania and South Australia.

Expertise

Qualifications

  • Bachelor of Laws (Honours), 2006, University of Melbourne
  • Bachelor of Arts, 2006, University of Melbourne
  • Master of Laws, 2014, Monash University
  • Awarded the Academic Medal for Excellence in Graduate and Post Graduate Studies.

    Memberships

    • Australian Insurance Law Association
    • Self-Insurers Association of Victoria
    • Women in Insurance