Jade Marr - Counsel

Jade MarrBachelor of Laws (QUT); Master of Laws (Bond) (candidate)

Areas of Practice

Administrative Law & Judicial Review

Civil, Human Rights & Discrimination

Commercial

Commissions of Inquiry & Inquests

Contract

Equity & Trusts

Industrial/Employment

Intellectual Property

Professional Disciplinary Proceedings

Property

Regulatory Proceedings and Prosecutions

Trade Practices and Competition

Contact Details

Phone(07) 3003 1364
Emailjade.marr@burnettlane.com.au

Biography

Jade came to the Bar in 2016.  Prior to this, Jade had more than a decade of experience in commercial litigation, most recently as a Senior Associate in a top tier national firm.

Jade’s practice is of a broad commercial nature, but with a particular focus on both regulatory and enforcement matters, including civil penalty proceedings, and also employment and industrial-related matters, including anti-discrimination and sexual harassment.

During her time at the Bar, Jade has appeared as advocate at all levels of the State Courts and various tribunals, including regular appearances in the Queensland Industrial Relations Commission. She has also appeared in various matters in the Federal Court, Federal Circuit Court and Fair Work Commission. Jade has been briefed as counsel representing next of kin in coronial inquests.

Recent notable cases include:

  • Wang v Commissioner of Taxation [2024] FCA 585: successfully defeated the taxpayer’s application to the Federal Court seeking to overturn the Tribunal decision affirming the Commissioner of Taxation’s default assessments. The taxpayer claimed that the default assessments were excessive in circumstances where the taxpayer asserted that he had earned no income in Australia during the relevant period. The application to the Federal Court involved issues of whether the taxpayer had effectively discharged his onus of proof in s 14ZZK(b)(i) of the Taxation Administration Act 1953 (Cth), as well as the application of the rule in Browne v Dunn, whether the Tribunal had given adequate reasons as required by s 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth), whether the Tribunal had failed to give due weight to corroborative evidence and whether the Tribunal had erred in its discretion to refuse to admit new evidence.
  • Keating v State of Queensland (Queensland Health) [2024] QIRC 58: acted for the State of Queensland where a reinstatement application by a former casual employee was summarily dismissed.
  • Australian Securities and Investments Commission v Bettles [2023] FCA 975, led by Paul McQuade KC. This was a complex action brought by ASIC under s 45-1 of the Insolvency Practice Schedule (Corporations). ASIC alleged that Mr Bettles, a liquidator, was directly and and accessorily liable for various breaches of director’s duties under the Corporations Act, as well as alleged liquidator’s duties at common law. ASIC sought the cancellation of Mr Bettles’ registration as a liquidator and a lifetime prohibition on applying for registration. The application was dismissed in its entirety.
  • Loveridge v State of Queensland (Queensland Ambulance Service) (No 2) [2023] QIRC 207: successfully defended a reinstatement application by an Advanced Care Paramedic who was dismissed for serious misconduct following a disciplinary process where it was found the paramedic struck an elderly dementia patient across the face whilst securing the patient into a stretcher at an aged care facility.
  • Solar Panel Xpress Pty Ltd v Wallandale Pty Ltd & Ors [2021] QDC 31; Solar Panel Xpress Pty Ltd v Wallandale Pty Ltd & Ors [2021] QDC 45, acting for an accountant in successfully defending a professional negligence and misleading and deceptive conduct claim, and also obtaining an indemnity costs order in respect of the seven days of trial.
  • O’Connor v State of Queensland (Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships) [2021] QIRC 154, led by Chris Murdoch QC, successfully defending a reinstatement application by a former employee.
  • Goddard v Legal Aid Queensland [2021] QIRC 154 successfully defending a reinstatement application by a former employee.
  • Tax Practitioners Board v Hacker [2020] FCA 1047; Tax Practitioners Board v Hacker (No 2) [2020] FCA 1047; Tax Practitioners Board v Hacker (No 3) [2020] FCA 1814, a civil penalty prosecution involving more than 3000 alleged instances of providing unregistered tax agent services and unregistered BAS services for fee or reward in breach of the Tax Agent Services Act 2009 (Cth), and a related contempt proceeding involving 28 charges of contempt. More recently, Jade also acted in a subsequent contempt proceeding involving additional charges of contempt: Tax Practitioners Board v Hacker (No 4) [2021] FCA 940.
  • Australian Securities and Investments Commission v Bettles [2020] FCA 1568, led by Paul Freeburn QC, acting for Mr Bettles, a liquidator, in successfully obtaining an order to strike out the entirety of the Concise Statement and Supplementary Concise Statement filed by ASIC.
  • Morgan v State of Queensland (Queensland Health) [2020] QIRC 184 successfully resisting an application for an interim injunction within a proceeding to permanently stay a disciplinary process under the Public Service Act 2008 (Qld).
  • Saric v Commonwealth (2018) 206 FCR 469, led by Mark McCarthy, in which a declaration was sought on behalf of Mr Saric that the automatic forfeiture of his vessel by the Commonwealth under s 261A of the Migration Act 1958 (Cth) was invalid, and orders were sought for the recovery of the vessel. The success of the application relied on being able to establish certain defences under the Migration Act 1958 and the Criminal Code Act 1995 (Cth) including ‘stress of weather’ and ‘sudden or extraordinary emergency’.

Jade has lectured in Evidence at Bond University and Civil Procedure at Griffith University, and is invited to guest lecture from time to time on advocacy-related topics.

Jade is a strong supporter of the pro bono work undertaken by Caxton Legal Centre, LawRight and Women’s Legal Service and accepts briefs through these organisations.