Nilanka Goonetillake

Profile

Nilanka specialises in employment law, workplace relations, and discrimination law. She also has a successful commercial and public law practice. 

Her employment law practice includes a broad spectrum of work under the Fair Work Act and related legislation. She also has experience acting in complex class actions and high-profile matters involving public interest.

Some of the key cases she has been involved in are as follows:

Class actions

• Andrianakis -v- Uber Technologies Incorporated & Ors and related proceedings (Uber Class Action): Representing a group of unregistered group members in the Uber Class Action in the Supreme Court in an application to be included in the settlement distribution (unled)
• Iob & Ors -v- Lovisa Pty Ltd: Ongoing representation of the lead claimants alleging an underpayment claim involving unpaid overtime in the Federal Court (led by Marc Felman KC)   
• Burt v University of Sydney (Common Question) [2025] FCA 601 (led by Siobhan Kelly, now SC)

Employment Law

• Ongoing representation in an application for Minimum Standards Order in the Fair Work Commission (led by Marc Felman KC)
• Ongoing representation in Gillham -v- Melbourne Symphony Orchestra Pty Ltd (led by Sheryn Omeri KC) in the Federal Court 
• Ongoing representation in Barro -v- Northern Territory Air Services Pty Ltd in the Federal Circuit and Family Court of Australia (unled) 

Nilanka’s public law practice includes claims concerning migration law, statutory interpretation, judicial reviews and anti-discrimination legislation. She practices in a broad range of commercial disputes including contract disputes and consumer law claims. Some of the cases that she was, or is currently, involved in are as follows:

• Ekanayake v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Anor (pending appeal to the Federal Court)  
• BEX18 v Minister for Immigration and Multicultural Affairs [2024] FedCFamC2G 1161
• Infuse MW Pty Ltd -v- G. G. Group Investments Pty Ltd & Ors involving a contractual dispute and a consumer law claim involving a sale of business in the County Court (ongoing).
• Smith -v- B&H Constructions Pty Ltd & Anor in the County Court involving a claim for promissory estoppel and breach of trust (ongoing).

Nilanka read with Eugenia Levine, and her senior mentor is Jenny Firkin KC.

Prior to coming to the Bar, Nilanka practised as a solicitor for over 10 years in general commercial and employment litigation including in large-scale class actions. She also has experience acting in interstate jurisdictions, namely the Australian Capital Territory and New South Wales.