Areas of practice

• Administrative Law
• Commercial Law
• Contracts
• Coronial Inquests & Commissions of Inquiry
• Criminal Law
• Disciplinary Proceedings
• Equity
• Industrial/Employment Law
• Work Health and Safety Law

Admissions

Lawyer - 2005

Barrister - 2007

Qualifications

Bachelor of Commerce

Bachelor of Laws

About

Darien was called to the Bar in 2007 and has been a member of HB Higgins Chambers since then.

Darien has extensive experience in public sector disciplinary appeals, disciplinary cases relating to the Police Act 1990 (NSW), and litigation involving misconduct generally. Darien has acted for persons of interest in coronial proceedings, ICAC investigations, judicial officers and senior police officers regarding allegations of misconduct. He was counsel for a major superannuation fund in the Financial Services Royal Commission of 2018 and also for a person of interest in the Heydon Trade Union Royal Commission in 2014.

During his time at the Bar, Darien has appeared in numerous administrative law matters in the Supreme Court, the Administrative Appeals Tribunal, the Federal Court, and specialist jurisdictions including private arbitrations regarding health professionals.

In addition to the areas of employment and administrative law, Darien has appeared in numerous matters under the Work Health Safety Act 2011 (NSW) and its predecessor. Darien prosecutes and defends regulatory criminal matters, including for Safe Work, the Department of Customer Service, Fair Trading, and the Building Commission.

Below are a number of the selected cases that Darien has been involved in over the years.

Employment and Industrial Law

Jaggi v City of Parramatta Council No 2 [2024] NSWIRComm 1017

Jaggi v City of Parramatta Council [2023] NSWIRComm 1112

Walsh v Commissioner of Police [2023] NSWIRComm 1090

Fordyce v Commissioner of Police, NSW Police Force [2023] NSWIRComm 1077

Gough v Commissioner of Police; Rigelsford v Commissioner of Police [2022] NSWIRComm 1098

Holland v Industrial Relations Secretary on behalf of the Department of Communities and Justice [2022] NSWIRComm 1106

Doyle v Taronga Conservation Society Australia [2021] NSWIRComm 1005

Johnson v NSW Environment Protection Authority [2020] NSWIRComm 1000

Stefan Elias v Commissioner of Police [2019] NSWIRComm 1026

Harakh v Industrial Relations Secretary (Corrective Services NSW) [2017] NSWIRComm 1016

Commissioner of Police v Morris [2017] NSWIRComm 1010

Work Health & Safety

SafeWork NSW v Aland B & W Pty Ltd [2024] NSWDC 33

SafeWork NSW v Meoushy [2023] NSWDC 498

Young Mining Company Pty Ltd v NSW Resources Regulator [2023] NSWDC 430

Andrew John McColm v Tritton Resources Pty Ltd [2023] NSWDC 270

Orr v Hunter Quarries Pty Ltd (No 2) [2022] NSWCCA 138

Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39

SafeWork NSW v Mercon Group Pty Ltd [2021] NSWDC 378

Orr v Hunter Quarries Pty Limited [2019] NSWDC 634

Morris McMahon & Co Pty Limited v SafeWork NSW [2019] NSWCCA 36

SafeWork NSW v Morris, McMahon & Co Pty Limited [2017] NSWDC 349

Workcover Authority of New South Wales v JML Tree Services Pty Ltd [2015] NSWDC 253

Morris McMahon & Co Pty Limited v SafeWork NSW [2019] NSWCCA 36

Inspector Shepherd v Desiya Pty Ltd [2013] NSWIRComm 9

Inspector Regan v Southern Colliery Maintenance Pty Ltd (No 4) [2012] NSWIRComm 99

Inspector Morrison v Chevalley [2012] NSWIRComm 11

PSA o-b Glover v Livestock Health and Pest Authorities Division of the NSW Government Service. [2010] NSWIRComm 1003

Administrative Law

Eldridge v Commissioner for Fair Trading [2023] NSWCATOD 32

Davis v NSW Minister for Health [2023] NSWCATAP 211

Eldridge v Commissioner for Fair Trading [2022] NSWCATOD 132

Freeman v Sydney Local Health District [2021] NSWSC 423

Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd [2016] FCA 445

Commercial Law

In the matter of Rynever Pty Ltd [2024] NSWSC 156

Mastronardo v Mastronardo [2024] NSWSC 63

In the matter of ACN 104 635 369 Pty Ltd [2020] NSWSC 242

In the matter of Bytecan Pty Limited (in liquidation) [2019] NSWSC 1910

Sydney Constructions & Developments Pty Ltd v Reynolds Private Wealth Pty Ltd [2016] NSWSC 1104

Calwell-Smith v Director-General Department of Finance and Services [2012] NSWSC 413

Inquests

Inquest into death of William Epere (2019/10495) [2022] NSWCorC 90

Inquest into the death of Todd McKenzie (2019/239447) [2022] NSWCorC 86

Inquest into the death of Tateolena Tauaifaga (2015/7720) [2022] NSWCorC 28

Inquest into the death of Nick Newman (2018/28682)  [2022] NSWCorC 1

Inquest into the death of Jack Kokaua (2018/54392) [2021] NSWCorC 27

Inquest into the death of Sony William Tran-Bui 2013/354840) [2018] NSWCorC 59

Royal Commissions and Inquiries

Special Commission of Inquiry into LGBTIQ hate crimes: Appeared for Detective Inspector John Lehmann, Ex Head of Unsolved Homicide

Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: Appeared for TWU Super

Operation Mantus (2023): Appearing for Police Association

NSW Public Officials and Members of Parliament - Allegations Concerning Soliciting, Receiving and Concealing Payments (Operation Spicer) (2016): Represented Mr Grugeon AM, who was found not corrupt

Education

Access Training Institute Pty Ltd v Australian Skills Quality Authority [2020] AATA 2470

Trades College Australia Pty Ltd v Australian Skills Quality Authority [2020] AATA 812

Construction Industry Training Australia Pty Ltd v Australian Skills Quality Authority [2019] AATA 2219

Family

Sfakianakis v Sfakianakis [2019] FamCAFC 54

Sfakianakis v Sfakianakis [2018] FamCAFC 185

Sfakianakis v Sfakianakis [2017] FamCA 1103

Land and Environment Court

Warringah Council v Bonanno [2012] NSWLEC 265

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T: +61 2 8998 8390 F: +61 8998 8353
E: nagle@hbhiggins.com.au