Philip Boncardo

Philip Boncardo

Philip Boncardo

2010, Bachelor of Laws (First Class Honours, University of Sydney)

2008, Bachelor of Arts (First Class Honours, University of Sydney)

Called to the bar 2017

A highly competent barrister with a strong advocacy skills and meticulous attention to detail, Philip’s principal areas of practice includes employment and industrial law, criminal law, general civil litigation and equity, building and construction law (including Security of Payment matters) and administrative review matters. He also has a particular interest in constitutional law and administrative law.

Philip has appeared in a broad range of geographical locations in Australia, including New South Wales, Victoria, Western Australia, the Australian Capital Territory, Queensland and Tasmania. Admitted to practice as a solicitor in 2012, he has acquired considerable advocacy experience in areas including criminal law, building and construction, commercial, equity, employment and industrial law, insolvency and care and protection matters. Practising in these areas saw him regularly appearing in the District and Local Courts of New South Wales, Children’s Court, the Federal Circuit Court, the New South Wales Civil and Administrative Tribunal (NCAT), as well as the Fair Work Commission.

Previously, Philip worked as the Tipstaff to the Honourable Justice Brereton of the Supreme Court of New South Wales. He was also a National Legal Officer at the Construction, Forestry, Mining and Energy Union, where he gained significant experience in the Fair Work Commission and Federal Circuit Court.

Philip holds a Bachelor of Laws with First Class Honours and a Bachelor of Arts with First Class Honours from the University of Sydney. In addition to receiving awards for his academic excellence in labour law and industrial law, Philip also received the Ludlow’s Award for achieving first place in the New South Wales Bar Association Exam in February 2016.

Practice Areas

Administrative and Public Law
Commercial
Criminal Law
Employment and Industrial Relations
Equity
Family Law

Experience

2015-2017, National Legal Officer, Construction, Forestry, Mining and Energy Union (CFMEU)

2012-2015, Solicitor, Campbell, Paton and Taylor, Orange NSW

2011, Tipstaff, the Honourable Justice Brereton, NSW Supreme Court

Accolades

February 2016, Ludlow’s Award for achieving first place in the NSW Bar Association Bar Exam

2010, Harmers Workplace Lawyers Prize for Labour Law

2010, Sir Alexander Beattie Prize for Industrial Law

Professional Appointments and Memberships

Member, NSW Bar Association

Admissions

2017, Called to the NSW Bar

2012, Admitted as a solicitor of the NSW Supreme Court

Selected Cases

Employment and industrial law

ABCC v Pattinson (2022) 399 ALR 599 (for the respondents led by Doyle SC against Donaghue QC, Begbie QC and Watson)

ABCC v CFMMEU & Ors [2021] HCATrans 115 (for the respondents led by Walker SC against Bourke QC and Denton) Qantas Airways Ltd v TWUA (2022) 402 ALR 1 (for the respondent led by Hutley SC and Gibian SC against Walker SC, Prince and Oreb)

Qantas Airways Ltd v TWUA [2022] HCATrans 205 (for the respondents led by Hutley SC and Gibian SC against Gleeson SC, Prince and Oreb)

CFMMEU & Anor v ABCC (The Monash Freeway Widening Case) [2022] FCAFC 59 (for the appellants unled against Firkin QC and Campbell)

Qantas Airways Limited v FAAA (The JobKeeper Case) (2020) 282 FCR 243 (for the respondents led by Gibian SC against Kirk SC and Prince)

CFMMEU v ABCC (The Bay Street Appeal) (2020) 282 FCR 1 for the appellants led by Borenstein QC against Bourke QC and Denton)

BGC POS Pty Ltd v CFMMEU (2019) 285 IR 43 (for the respondents led by Agius SC against Neil SC and Millar)

CEPU v Richards Crookes Constructions Pty Ltd [2022] FCA 1142 (unled for the applicant against Darams)

ABCC v CFMMEU (The U Vet School Case) [2022] FCA 1068 (unled for the respondents against Dalton QC and Denton)

UFUA v UFUQ [2022] FCA 145 (for the respondent led by Dowling SC against Kenzie QC and Dixon)

Secretary of the Ministry of Health v NSW NMA [2022] NSWSC 1178 (unled for the respondent against Bulut)

Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156 (for the respondent led by Gibian SC against Bourke QC and Felman QC)

TWUA v Linfox Australia Pty Ltd [2022] FWCFB 36 (unled for the appellant against Shariff SC)

CFMEU v Geocon Constructors (ACT) Pty Ltd [2020] FWCFB 5208 (unled for the appellant against Tracey)

Gupta v Portier Pacific Pty Ltd (2020) 296 IR 246 (for the appellant led by Gibian SC against Neil SC and Shariff SC)

Sydney Trains v Hilder [2020] FWCFB 1373 (unled for the respondent against Gotting)

CFMMEU v CBI Constructors Pty Ltd (2018) 278 IR 277 (unled for the appellant against Pollock)

Administrative law

Petch v DPP [2022] NSWCA 33 (for the respondent led by Kell SC against Game SC and English)

CFMMEU v Mechanical Maintenance Solutions Pty Ltd (2022) 313 IR 63 (for the appellant led by Crawshaw SC against Follett) Bianco Walling Pty Ltd v CFMMEU (2020) 275 FCR 385 (for the respondent led by Crawshaw SC against O’Grady QC and Avallone)

Angel Flight Australia v CASA (2021) 388 ALR 454 (for the applicant led by Walker SC against Hanks QC and Hilly)

EEC19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 589 (unled for the applicant against Liu)

Livingstone v Mitchell [2020] NSWSC 1464 (unled for the appellant against Crossland and Widjaja)

AOC19 v Minister for Immigration [2020] FCCA 1621 (unled for the applicant against Kay-Hoyle)

Mick Fabar Constructions Pty Limited v Lingrp Pty Ltd [2019] NSWSC 158 (unled for the appellant against Bambagiotti and Arulrajah)

Criminal and Work Health and Safety

SafeWork NSW v Synergy Scaffolding Services Pty Ltd [2022]

NSWDC 584 (for the prosecutor led by Agius SC against Meehan)

R v Delzotto [2021] NSWDC 325 (for the defendant)

R v Watts [2020] ACTSC 91 (for the defendant led by Agius SC against Weston-Scheuber)

SafeWork NSW v JPS Car Wash Management Pty Ltd & Ors [2021]

NSWDC 148 (unled for the prosecutor)

R v Kennedy (2019) 101 NSWLR 121 (for the appellant led by Staehli SC)

Attorney General for the State of New South Wales v Ceerose Pty Ltd [2019] NSWCCA 35 (for the appellant led by Agius SC against Jordan SC and Cahill)

Attorney General for the State of New South Wales v Macmahon Mining Services Pty Ltd [2019] NSWCCA 8 (for the appellant led by Agius SC against Sexton SC and Read)

Musial v Penrith City Council [2022] NSWLEC 134 (unled for the respondent against Koikas)

Blacktown City Council v Nitopi [2019] NSWLEC 40 (unled for the prosecutor against Doyle and Garsia)

SafeWork NSW v Synergy Scaffolding Services Pty Ltd [2022]

NSWDC 584 (for the prosecutor led by Agius SC against Meehan) R v Delzotto [2021] NSWDC 325 (for the defendant)

R v Watts [2020] ACTSC 91 (for the defendant led by Agius SC against Weston-Scheuber)

SafeWork NSW v JPS Car Wash Management Pty Ltd & Ors [2021] NSWDC 148 (unled for the prosecutor)

R v Kennedy (2019) 101 NSWLR 121 (for the appellant led by Staehli SC)

Attorney General for the State of New South Wales v Ceerose Pty Ltd [2019] NSWCCA 35 (for the appellant led by Agius SC against Jordan SC and Cahill)

Attorney General for the State of New South Wales v Macmahon Mining Services Pty Ltd [2019] NSWCCA 8 (for the appellant led by Agius SC against Sexton SC and Read)

Musial v Penrith City Council [2022] NSWLEC 134 (unled for the respondent against Koikas)

Blacktown City Council v Nitopi [2019] NSWLEC 40 (unled for the prosecutor against Doyle and Garsia)

Commercial

Aspect Safety Group Pty Limited v Swift [2022] FCA 904

Cutting Edge Services Pty Ltd v Penfold [2021] NSWSC 1322 (for the defendants led by Drummond against Peden SC and Mann)

Crosby v Hanley [2021] NSWSC 507

ALDI Foods Pty Limited v TWUA [2020] FCA 654 (for the respondent led by Gibian SC against Hatcher SC, Painter SC and Perigo)

Family Law

Tabor & Schell [2020] FamCA 529 (unled for the ICL)

O’Connor v Minister for Family and Community Services [2020]

NSWDC 453 (unled for the ICL against Mahony)

Matson & Theiss [2019] FCCA 1924 (unled for the respondent against Jackson)