Josh Bornstein

Josh is widely regarded as one of Australia’s leading employment lawyers. His standing in the profession is reflected in his long-held ranking as a top employment lawyer for employees and unions in the industry-recognised Doyle’s Guide.

With more than 35 years’ experience, Josh has acted for a broad range of clients, including senior executives, government bodies and regulators, and professionals across legal, health, education and financial services. His clients have included broadcaster Antoinette Lattouf, publisher Louise Adler, former Melbourne City Councillor Tessa Sullivan, the Victorian Government
Ombudsman, the Fair Work Ombudsman, IFM Investors, Australian Super, and
Essendon Football Club.

Josh is a skilled and strategic advisor with extensive experience in areas including employment contracts, restraint of trade, sexual harassment, workplace investigations, adverse action, unlawful discrimination, whistleblower claims, workplace bullying, and industrial disputation. He is vigilant about the protection of his client’s health and reputation.

He is the author of a book about corporate censorship of employees, “Working for the Brand” published by Scribe.

Josh's legal achievements include:

• Successfully acted for the Transport Workers Union in litigation against Qantas over the unlawful dismissal of 1,700 employees, securing $210 million in compensation and penalties across proceedings in the Federal and High Court
• Represented broadcaster Antoinette Lattouf in landmark Federal Court proceedings against the ABC, establishing that her termination was unlawful on the basis of political opinion
• Obtained compensation settlements for women who were sexually harassed by both federal and state judges, including three women whose claims of sexual harassment against former High Court judge, Dyson Heydon, were upheld by an independent investigation
• Settled an unlawful discrimination class action against the Commonwealth for $100 million
• Represented the Victorian Government Ombudsman in a workplace investigation
• Acted for the Chief of Staff to a Victorian Government Minister whose workplace bullying complaint was investigated and upheld
• Represented Essendon Football Club in litigation about ASADA's investigations
• Acted for the Fair Work Ombudsman in its prosecution of an employer who failed to offer a suitable position to an employee returning to work from maternity leave

“Engaging an employment lawyer was a first for me, and finding the best in the market seemed daunting. However, after consulting with leading General Counsel and Employment Law experts from Australia’s largest ASX corporations, one name was consistently mentioned: Josh Bornstein at Maurice Blackburn. He was described as the lawyer they least preferred to oppose!

Following this advice, I contacted Josh and his team, including his Associate Dr. Paul Sutton. From our initial engagement, it was evident that Josh and Paul, along with their entire team and network of barristers, were as outstanding as described.

Navigating a challenging period in my career, I had the opportunity to work closely with Josh, Paul and their team. Their knowledge, approach, and particularly their clarity in communication were first-class. I am extremely grateful for their support in employment law matters.Their expertise and exceptional handling of my case make them an unequivocal recommendation for anyone seeking legal assistance in employment-related issues.”

- Anna Whitlam, WhitlamCo

Memberships & accreditations

• Law Institute of Victoria | Member of Workplace Relations Executive
• University of Melbourne | Centre for Employment and Labour Relations Law | Advisory Board Member
• Director, Australian Society of Authors
• Australian Journal of Labour Law | Editorial Committee Member
• The Australia Institute | Public Policy Think Tank | Board Director
• The Australia Institute | Centre for Future Work | Advisory Committee Member
• Racing Victoria | Racing Appeals and Disciplinary Board | Deputy Chairman & Tribunal Member
• Member Victorian Racing Tribunal
• National COVID-19 Coordination Commission | Industrial Relations Advisory Group | Member
• Maurice Blackburn Lawyers | Board Director | 2004 - 2017

Awards

• Doyle's Guide | VIC Preeminent or Market Leader Employment Lawyer | 2013 - 2026
• Doyle's Guide | AUS Preeminent or Market Leader Employment Lawyer | 2016 - 2026
• Best Lawyers | Labour and Employment Law Lawyer of the Year, Melbourne | 2024
• Best Lawyers | Labour and Employment Law in Australia | 2020 - 2026
• Lawyers Weekly Awards | Workplace Relations Partner of the Year | 2019
• Expert Guides | Best Employment Lawyers Worldwide | 2017
• Law Institute of Victoria | Outstanding Contribution to the Legal Profession | Service Certificate 2014