Vivienne Jones

Profile

Vivienne practises in employment law, industrial law and criminal law. She has keen interest in OH&S matters, where these three areas so often converge.

Vivienne has acted in entitlement disputes, unfair dismissal claims, discrimination claims, general protections claims and sexual harassment matters in the Fair Work Commission ("FWC"), VCAT and the Federal Court. She has a particular interest in disciplinary proceedings and workplace registration matters. She appears regularly for professionals facing professional misconduct allegations.

Vivienne appears for both the prosecution and the accused in criminal matters. She appears frequently in all criminal courts and is regularly briefed, led and unled, in complex trials and plea hearings. She enjoys arguing evidentiary disputes and has appeared in interlocutory proceedings in the Court of Appeal.

Vivienne also appears in intervention order proceedings – particularly in proceedings where the making of a final intervention order will jeopardise a person’s employment.

Vivienne accepts direct briefs from unions and employer organisations. Vivienne otherwise works exclusively through Solicitors.

Background

Prior to signing the bar roll, Vivienne was a Senior Solicitor at the Office of Public Prosecutions. She prosecuted all manner of indictable offences and specialised in sex offences. She has extensive experience supporting vulnerable people through the legal process, and excellent skills in conferencing.

Vivienne graduated first class honours in law from Monash University. She also has an arts degree, majoring in gender studies.

Recent briefs

Current ongoing briefs:

• Application by the Australian Nursing and Midwifery Federation in the FWC to increase minimum rates of pay for nurses and midwives under the Nurses Award 2020. Junior Counsel assisting Jim McKenna and Jim Hartley.

Notable past briefs:

• Investigations conducted on behalf of the Administrator of the CFMEU Mark Irving KC. Junior Counsel assisting the lead investigator Geoffrey Watson SC.
• The prosecution of Geoffrey Clark and Jeremy Clark for fraud offences committed against the Framlingham Aboriginal Trust, Kirrae Whurrong Community Incorporated and the Maar Land Council – DPP v Geoffrey Wayne Clark and Jeremy Wayne Clark [2024] VCC 1901. Junior Counsel assisting Senior Crown Prosecutor Justin Lewis SC throughout the committal hearing in the Magistrates’ Court (2020-2021) and four trials in the County Court of Victoria (2022-2024). 
• Professional misconduct and/or unsatisfactory professional performance proceedings against practitioners by the Nursing and Midwifery Board of Australia and the Paramedicine Board of Australia. Vivienne has appeared on behalf of nurses seeking to maintain their registration following:
  • the filing of criminal charges (including in cases where no conviction was recorded);
  • allegations of sexual harassment and other inappropriate conduct; and
  • performance management.
• The Respondent to an interlocutory appeal, defending the admissibility of the video recorded evidence of a child in an incest proceeding – Elliot (a pseudonym) v The King [2023] VSCA 43.