Mr Igor Mescher

Lecturer , Employment Law; Evidence - School of Law

Igor Mescher

Phone: +61 (02) 6773 1377

Email: imescher@une.edu.au

Biography

Igor is a lecturer in the UNE Law School and has a great deal of experience in both teaching law and practising law as a barrister in Sydney.
He completed his BSc and LLB degrees from the University of NSW in 1988. Igor then completed his Master of Laws with Honours degree from University of Sydney in 1992.

Igor was admitted as a solicitor in NSW in 1988 and initially practised at Minter Ellison. Solicitors in Sydney. He then worked for the NSW Crown Solicitor’s Office in Sydney and, subsequently, was the Legal Research Officer to the NSW Solicitor-General.
In 1994, Igor was admitted as a barrister in NSW and worked as a barrister until August 2022. He specialised in commercial law, state taxation law, constitutional law and administrative law. He appeared in many cases in the High Court of Australia, the NSW Court of Appeal, the Supreme Court of NSW and the NSW Civil and Administrative Tribunal.

Some of the more significant cases in which Igor appeared as a barrister were:

High Court of Australia
*Leask v Commonwealth (1996) 187 CLR 579
*Paliflex Pty Limited v Chief Commissioner of State Revenue (2003) 219 CLR 325;
*South Sydney City Council v Paliflex Pty Limited (2003) 78 ALJR 101;
*Permanent Trustee Australia Limited v Commissioner of State Revenue (2004) 220 CLR 388.

NSW Court of Appeal and Full Federal Court
*Williams v Minister, Aboriginal Land Rights Act 1983 (1994) 35 NSWLR 497;
*Chippendale Printing Co Pty Limited v Commissioner of Taxation (1996) 62 FCR 347
*Pye v Butterfield Cheese Factors Pty Limited (1996) 39 NSWLR 425;
*GIO Australia Limited v Robson & Nowlin Pty Limited (1997) 42 NSWLR 439;
*Vista Commercial Construction Pty Limited v Deputy Commissioner of Taxation (1997) 79 FCR 288;
*Mogensen v Conway (1998) 90 FCR 30
*Chief Commissioner of State Revenue v Lee (2000) 45 ATR 130;
*Royal & Sun Alliance Insurance Australia Limited v Betta Industries Pty Limited; Harlander Pty Limited (in liq) v New South Wales (2002) 24

NSWCCR 164
*Moss v Deputy Commissioner of Taxation (2003) 59 NSWLR 139;
*Bitannia Pty Limited v Parkline Constructions Pty Limited (2006) 67 NSWLR 9;
*Chief Commissioner of State Revenue v Hayson Group of Companies Pty Limited (2006) 68 NSWLR 254;
*Stryke Corporation Pty Limited v Miskovic [2007] NSWCA 72.
*Dowe v Commissioner of NSW Crime Commission; Gedeon v Commissioner of NSW Crime Commission (2007) 64 ACSR 91.
*Northern NSW Football Pty Limited v Chief Commissioner of State Revenue [2011] NSWCA 51;
*Lo v Chief Commissioner of State Revenue (2013) 85 NSWLR 86.
*Perry Properties Pty Limited v Chief Commissioner of State Revenue (2013) 85 NSWLR 240.
*Vartuli v Chief Commissioner of State Revenue [2015] NSWCA 372.

Igor has also published in the areas of employment law and constitutional law.

From 2013 – 2021 Igor was a lecturer in law at Charles Sturt University.

In 2019, he commenced as a casual lecturer at UNE Law School and was appointed to a continuing position at UNE Law School in 2022.

Qualifications

  • Bachelor of Science - 1988 (UNSW) (Applied Mathematics major)
  • Bachelor of Laws - 1988 (UNSW)
  • Master of Laws with Honours - 1992 (Syd.Uni.)

Awards

  • UNSW Warrane College Scholar's Medal 1983 and 1984
  • CSU Faculty of Business Biggest Lift Award 2014

Teaching Areas

  • Contract Law
  • Employment Law
  • Corporate Law
  • Commercial and Financial Services Law
  • Evidence
  • Civil Procedure

Primary Research Area/s

Employment Law; Revenue Law; Constitutional Law

Research Interests

Employment Law

Constituional Law

Research Supervision Experience

Clarissa Sempel  (2022) - Master of Laws Essay - Employment and Trust: Is Trust Required?

Publications

"The Premier Constitution: Legislative Power in NSW since 1855" (1992) 3 PLR 90 and in Essays on the Constitutions of the Australian States and Territories (J.Thomson ed.);
“Proof of Facts in Constitutional Law” in Matters of Opinion: Collected Papers of the NSW Bar Association at pp71-102 (1995);
“Dealing with International Child Abduction” (Aug ’94) LSJ 28;
Charter of Rights and Freedoms for Australia together with Explanatory Memorandum (Australian Lawyer - May, 1995, edition);
“Employment Must be a Substantial Contributing Factor to the Injury” (Jul ’97) LSJ43.
Halsbury’s Laws of Australia, “Workers Compensation” Chapters 8, 9 and 10(b)
“Wither Commonwealth Immunity?” (1998) 17 Aust Bar Rev 23 and Commentary by Selway (1998) 17 Aust Bar Rev 42 & Robertson (1998) 17 Aust Bar Rev 45.

Memberships

  • NSW Bar Association delegate to Law Council of Australia Human Rights Working Group (1994-1996)
  • Legal Education and Reading Committee of NSW Bar Association.(1996-1999);
  • Taxation Committee of NSW Bar Association (2004 to 2008);
  • Professional Conduct Committee of NSW Bar Association (2005 to 2012).
  • Member NSW Bar Association