CFMEU Commission of Inquiry appoints new legal team ahead of public hearings
Six senior barristers have been rushed to join Queensland's CFMEU inquiry after the shock resignation of its legal team just weeks before public hearings begin.
The state government’s high stakes Commission of Inquiry into the CFMEU has moved to shore up its legal team after the shock exodus of four barristers last week, including senior silk Liam Kelly KC.
Mr Kelly, who was expected to lead the interrogation, resigned alongside counsel Kate Juhasz, Polina Kinchina and Ben Dighton, following alleged concerns over the inquiry’s management and strategy position.
Premier David Crisafulli refused to explain why the lawyers walked, saying only that Attorney-General Deb Frecklington would address concerns however, she later deemed it inappropriate to comment on internal staffing matters.
Commissioner Stuart Wood AM KC has now confirmed a new team, saying the appointments would “assist the Commission in progressing its work under the Terms of Reference”.
“Each of these barristers brings valuable experience to the role of Counsel Assisting,” he said.
Patrick Wheelahan KC joins the inquiry with more than two decades’ experience across employment and industrial law, particularly in the construction, electricity and retail sectors.
Appointed silk in 2020, he has appeared in the High Court, Federal Court and Fair Work Commission, and previously served as Associate to Justice Ryan in the Federal Court.
His background includes senior roles in industrial and employment litigation, with prior stints assisting other commissions, including within the Australian Olympic Committee.
Mark Costello KC, a commercial and constitutional law specialist, also brings extensive inquiry experience, having served as one of the Counsel Assisting the Hon Kenneth Hayne AC KC during the landmark Financial Services Royal Commission.
A Queenslander, Mr Costello studied law at QUT before completing a Master of Laws at Australian National University, and has appeared in superior courts across every state as well as numerous arbitral tribunals.
Criminal and regulatory specialist Daniel Caruana, called to the Queensland Bar in 2015, has worked extensively on serious organised crime matters, including money-laundering and complex white-collar crime prosecutions.
He has appeared for both prosecution and defence in significant Commonwealth matters and has developed a particular focus on Work Health and Safety law.
Brisbane barrister Alastair Smith, a recognised regulatory and workplace safety specialist, has acted across construction, mining, petroleum and gas industries.
He regularly conducts civil penalty matters under the Fair Work Act and defends intricate WHS prosecutions, and is admitted to practise in both the Supreme Court of Queensland and the High Court of Australia.
Sophie Harburg brings a broad criminal and regulatory practice, having prosecuted and defended matters at all court levels. She has been briefed by multiple government agencies and has represented companies ranging from major publicly listed corporations to small businesses.
And Madeleine Stone, who was called to the Bar in 2022 and has rapidly built a diverse civil practice with a strong industrial relations focus.
A former associate in both the Federal Court and Queensland Industrial Relations Commission, she has worked on whistleblower matters, general protections disputes, sexual harassment cases, commercial disagreements and administrative law issues.
The new legal team will have minimal preparation time with public hearings set to commence in a just over a weeks time on November 18.
Originally published as CFMEU Commission of Inquiry appoints new legal team ahead of public hearings
