Experience
Jayr’s experience includes having conduct of litigated matters in the Federal Court, Supreme Court, County Court, Magistrates Court and VCAT. He has specific experience in:
Class actions
Royal Commissions and Public Inquiries
Professional negligence matters involving health practitioners and accountants
Disciplinary hearings, including immediate action committee and panel hearings
Coronial investigations and inquests
General commercial disputes including in relation to breach of contract, indemnity, insurance (property loss) and debt recovery
Public liability and workcover claims
Supervision orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
Regulatory prosecutions under the Drugs, Poisons and Controlled Substances Act 1981, Radiation Act 2005, Health Services Act 1988 and Public Health and Wellbeing Act 2008
Review proceedings under the Mental Health Act 2014, Disability Act 2006, Assisted Reproductive Treatment Act 2008 and the Environment Protection Act 1970
Occupational health and safety matters (defence and prosecution)
A selection of recent matters in which Jayr has appeared in and/or advised on include:
Class actions and Royal Commissions
Turner v Bayer Australia Ltd (ACN 000 138 714) & Ors S ECI 2019 02916 (Essure group proceeding (class action)), Supreme Court of Victoria, acting for Bayer Australia & Ors led by David Collins KC and with Katherine Brazenor and Derek Wong (ongoing), including in, Turner v Bayer Australia Ltd [2024] VSC 760, Turner v Bayer Australia Ltd & Ors (privilege ruling) [2023] VSC 104 and Turner v Bayer Australia Ltd (No 6) [2023] VSC 244.
Hassan v State of Victoria (S ECI 2021 00826) (COVID-19 Flemington Towers Group Proceeding), as an independent reviewer in relation to the review of the eligibility of Group Members to participate in the settlement of Hassan & Anor v State of Victoria [2023] VSC 478
Yoorrook Justice Commission, acting for the State of Victoria.
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, acting for the Victorian Public Sector Commission and the Department of Families, Fairness and Housing.
Royal Commission into Victoria’s Mental Health System, acting for the State of Victoria, led by Claire Harris KC and with Morgan McLay.
Public Law and Regulatory
Department of Health – advised on COVID-19 and the Charter of Human Rights and Responsibilities Act 2006, including in relation to mandatory vaccinations and issues arising from the full suite of the Chief Health Officer Directions.
Department of Health – advised on legal issues and human rights issues in relation to the Drugs, Poisons and Controlled Substances Amendment (Medically Supervised Injecting Centre) Bill 2023 (unled).
WorkSafe Victoria - advised on legal issues arising from the Proposed OHS Amendment (Psychological Health) Regulations (unled).
Department of Families, Fairness and Housing – advised on human rights and on other legal issues arising from the Children, Youth and Families Amendment (Child Protection) Bill 2021 (unled).
Victorian Ombudsman - Investigation into the detention and treatment of public housing residents arising from a COVID-19 'hard lockdown' in July 2020 – advised the Department of Health and Human Services, led by Peter Hanks QC and with Sarala Fitzgerald.
Muhammad Sayed v Salvation Army & Ors, Federal Court of Australia, acting for Homes Victoria and Minister for Housing (ongoing), summary judgement and dispute regarding jurisdiction (unled)
Stewart v Good Shepherd and Homes Victoria, Supreme Court of Victoria, for Homes Victoria, including in Stewart v Good Shepherd and Homes Victoria [2023] VSC 351, suppression order hearing (unled) (ongoing).
Medical Board of Australia v Dr Shyamal Datta, VCAT, Z831/2018, VCAT, acting for Dr Shyamal Datta (unled)
Reviews under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 in the Supreme Court of Victoria and County Court of Victoria, including in Re CJC (No 4) [2022] VSC 412, Re AB [2022] VSC 235 and DPP v Shoebridge (Ruling No. 2). (unled)
FNJ (Guardianship) [2022] VCAT 269, VCAT, guardianship application in the context of consideration of withdrawal of active life support, for FNJ (unled).
Director of Public Prosecutions v Best Benchtop and Stone Pty Ltd, County Court of Victoria, CR-22-01141, acting for Best Benchtop and Stone Pty Ltd in relation to a prosecution by Worksafe after a worker was crushed and killed by stone slabs (unled).
Environment Protection Authority (EPA) v Renex Op Co Pty Ltd, Magistrates Court of Victoria, N10199329, acting for EPA in it's prosecution of offences under section 19A(8) and section 19A(1)(a) of the Environment Protection Act 1970 (unled).
Victorian Workcover Authority v Alpha Air Pty Ltd, P10515652, acting for the Victorian Workcover Authority in the prosecution of offences under section 21(1) and section 21(2)(a) of the Occupational Health and Safety Act 2004 (unled).
Victorian Workcover Authority v Blint Builders Pty Ltd, P10347743, acting for the Victorian Workcover Authority in the prosecution of offences under section 26 and section 100 of the Occupational Health and Safety Act 2004 (unled).
Victorian Workcover Authority v Michael James, P10464162, acting for the Victorian Workcover Authority in the prosecution of offences under section 100 and section 144 of the Occupational Health and Safety Act 2004 (unled).
Appearing on behalf of health services in relation to objection proceedings pursuant to section 32C of the Evidence (Miscellaneous Provisions) Act 1958 (unled).
Director of Housing v Currie, VCAT, acting for the Director of Housing, jurisdiction of VCAT and Burns v Corbett (unled).
The Skin Boutique Australia (SX) Pty Ltd v Health Complaints Commissioner, VCAT Z80/202, acting for the Health Complaints Commissioner (unled).
Geoffrey Lane v Health Complaints Commissioner, VCAT Z179/2021, for Health Complaints Commissioner (unled).
Elite Cosmetic Laser & Skin Clinic Pty Ltd v Health Complaints Commissioner, VCAT Z288/021, for Health Complaints Commissioner, (unled).
Wheeler v Royal Women’s Hospital, VCAT, R20219377/00, acting for Royal Women’s Hospital (unled).
Director of Housing v Andrews, VCAT, for Director of Housing, dispute under the Residential Tenancies Act 1997 (unled).
YXO v Dr Mai, VCAT, for Dr Mai, dispute under the Health Records Act 2001 (unled).
Tarneit Developers Pty Ltd v Mullen, VCAT, for Tarneit Developers, dispute under the Residential Tenancies Act 1997 (unled).
Dobe v Implexa Health Pty Ltd, VCAT, for Implexa Health, dispute under the Health Records Act 2001 (unled).
Commercial law
Gaindhar v Singh, County Court of Victoria, acting for the defendant in a dispute regarding representations made in the course of a commercial arrangement and related property transaction (unled).
Evans v Singh, Supreme Court of Victoria, acting for the defendant in a dispute regarding the sale and purchase of a property (unled).
Commsearch Pty Ltd v Binary Networks Pty Ltd, Magistrates Court of Victoria, acting for Commsearch Pty Ltd in relation to a dispute relating to alleged breach of contract (unled).
Air Yachts Booking Pty Ltd v XYZ Canterbury Pty Ltd, VCAT, BP1090/2020, acting for XYZ Canterbury, in relation to a commercial lease dispute (unled).
Western General Bodyworks Pty Ltd v Kayalicos, Magistrates Court of Victoria, acting for the plaintiff in circumstances of breach of contract (unled).
Booth v Morfoulis, Magistrates Court of Victoria, acting for the defendant in circumstances of breach of contract (unled).
William v Trustee for the Eade Investment Trading Trust Magistrates Court of Victoria, acting for the plaintiff in circumstances of breach of contract (unled).
ITD Group Pty Ltd v Psychphys Pty Ltd Magistrates Court of Victoria, acting for the plaintiff in circumstances of breach of contract (unled).
Tsoukas v All the Stories Pty Ltd, VCAT, acting for the plaintiff in circumstances of breach of contract (unled).
Common Law and Coronial
Inquest into the death of Antoinette O’Brien COR 2017 004055, Coroners Court of Victoria, acting for Safer Care Victoria in relation to a death caused by septicaemia during pregnancy (unled).
Inquest into the death of LI acting for the Department of Health in relation to a death of a young person where broader systemic issues that may have enabled LI to to obtain medications were examined (unled).
Dennis v Monash Health & Ors, County Court of Victoria, for plaintiff, medical negligence (unled).
Carina v Monash Health, County Court of Victoria, for plaintiff, medical negligence (unled).
Jacob v Moonee Valley Council & Ors, County Court of Victoria, for second defendant, public liability (unled).
Ravuri v McDonalds Limited, County Court of Victoria, for plaintiff, workcover (unled).
Prior to coming to the bar, as a solicitor, Jayr has acted in the following matters:
Royal Commission into Aged Care Quality and Safety
Royal Commission into Victoria's Mental Health System
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with a Disability
Re A B [2018] VSC 349 (29 June 2018)
PBU & NJE v Mental Health Tribunal [2018] VSC 564 (1 November 2018)
OMU and RGJ v Patient Review Panel and Secretary to the Department of Health and Human Services (Human Rights) [2018] VCAT 1235 (6 August 2018)
Knol v EPA & Greater Geelong CC [2018] VCAT 33 (10 January 2018)
Wilson v Western Health (Human Rights) [2014] VCAT 771 (1 July 2014)
Inquest into the Death of Constandia Petzierides COR 2010 001571