Max Kimber SC

Areas of practice

Administrative law

Discrimination

Industrial and Employment

Workplace Inquiries / Investigation

appellate

 

 

Qualifications

B Comm/LLB, University of New South Wales 

Master of Laws, University of Virginia

Accredited Mediator, LEADR and NSW Bar Association

LEADR Advanced Mediation Training 

Accredited Mediator, National Standards for Accreditation of Mediators

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Experience

Max commenced as a practising barrister in 1979 after completing postgraduate studies in the USA on a Fulbright Scholarship.  He was appointed Senior Counsel in 1999.
The focus of his work over 30 years has always been the resolution of workplace issues whether via litigation in Federal and State courts; by conciliation or arbitration before Federal and State Industrial tribunals; or via private negotiation or mediation. He has acted for employees, contractors, unions as well as for employers across a vast range of industries.
He has also acted for the Federal Government and regularly acts for the NSW Government especially in the fields of health, police, payroll tax and education.
Max was appointed Junior Counsel Assisting to the Federal Government’s Agent Orange Royal Commission and appeared for the NSW Government in a two year arbitration of the terms and conditions of engagement of Visiting Medical Officers in the public hospital system.
Max played a central role in the development of unfair contract law and of the Police Commissioner’s “confidence”/removal powers in New South Wales and has recently conducted ground breaking litigation as to the operation of the Independent Contractors Act 2006 (Cth).  
Max completed mediator and advanced mediator training in the mid-nineties and has extensive experience with the mediation process having participated as either mediator or counsel in countless work related mediations, many involving Australia’s biggest companies.  In recent years Max has also mediated professional negligence, franchise, valuation and agricultural lease disputes as well as an array of other commercial disputes.  He has now amassed more than 3000 hours experience as a mediator.  
Max sees himself as a “resolutionary” – committed to the prevention and early resolution of conflict with a focus on the development and use of better communication and listening skills.  He is a regular presenter at mediation forums and mentors new mediators.