Chad Jacobi is a barrister with a keen interest in public and industrial law. He was appointed Senior Counsel in September 2022.

He has experience in higher courts, where he has appeared most recently for the successful parties in Disorganized Developments v State of South Australia [2023] HCA 22, Nguyen v The Queen [2020] HCA 23 and CXXXVIII v Australian Crime Commission [2020] HCA Trans 102. This follows his work with the Solicitor-General for South Australia in the High Court in many constitutional and other cases.[1] He appears regularly both in intermediate courts of appeal and at first instance.

His recent public law work incorporates general administrative law[2], professional discipline,[3] migration[4], employment,[5] and environment and planning. He has extensively prosecuted and defended regulatory criminal matters. He has particular experience in WH&S and similar general duty schemes and in environmental protection, acting both for the prosecution and defence.[6] He acts in tort claims, particularly those involving government.

In 2015-16, he was the Counsel Assisting the South Australian Nuclear Fuel Cycle Royal Commission. He has acted as counsel representing the Northern Territory Government in both the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (2020-2021) and the Royal Commission into National Natural Disaster Arrangements (2020), and has acted as junior counsel to the Solicitor-General for the Northern Territory in the Royal Commission into Protection and Detention of Children in the Northern Territory (2016-17). In 2005 he was the Solicitor Assisting the Kapunda Road Royal Commission.

He has recent experience as counsel assisting in inquiries conducted by independent statutory officers in the Northern Territory, Victoria and South Australia. He is regularly briefed to advise, and act for, government.

Publications and teaching

Chad writes and teaches about his interests. He co-authored the book Royal Commissons: Law and Practice, which was published by Thomson Reuters in June 2022. His book on statutory interpretation, Interpretation Acts: Origins and Meaning, was published in January 2019. He coauthored the chapter on the future direction of Commonwealth executive power in Hinton and Williams (ed) The Crown: essays on its manifestations, power and accountability and on ‘The Attorney-General as advocate’ in Gray (ed), Essays in Advocacy.

He writes and delivers courses on his areas of specialty for regulators and government. He currently delivers a course on administrative law for the ADF and has previously delivered course on investigative powers for regulatory agencies.

Prior to the bar

Chad has first class honours degrees in law (1999) and economics (2000). He received the Adelaide University medal (2000).

He was admitted to practice in 2001. At the conclusion of his role as Associate to Chief Justice Doyle he was employed as the Research Assistant to the then Solicitor-General Brad Selway QC and then to Chris Kourakis QC. From 2002 until 2015 he had solicitor and then counsel roles within the South Australian Crown Solicitor’s Office.

1 As junior counsel to the Solicitor-General: Kuczborski v Queensland (2014) 254 CLR 51; Williams v The Commonwealth (No.2) (2014) 252 CLR 416; Magaming v The Queen (2013) 252 CLR 381; DPP v Keating (2013) 248 CLR 459; X7 v Australian Crime Commission and Anor (2013) 248 CLR 92; Plaintiff S10/2011 v Minister for Immigration and Citizenship (2012) 246 CLR 636; Momcilovic v The Queen (2011) 245 CLR 1; Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; Hutchison 3G v City of Mitcham (2006) 80 ALR 711; BHP Billiton v Schultz (2004) 221 CLR 400; Mulholland v AEC (2004) 220 CLR 181; Coleman v Power (2004) 220 CLR 1; Cattanach v Melchior (2003) 215 CLR 1; New South Wales v Lepore (2003) 212 CLR 511; Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476.

2 Disorganized Developments v State of South Australia [2023] HCA 22; Lottoland (Australia) Pty Ltd v Minister for Racing, Gaming and Licensing & Anor (No 3) [2022] NTSC 75; Disorganized Developments and Others v State of South Australia [2022] SASCA 6; C v Independent Commissioner Against Corruption [2020] SASCFC 27.

3 Most recently, Tolis v Medical Board [2023] SASC 69; Holt v Dental Board of Australia [2023] NTSC 28; Bhoola v Optometry Board of Australia [2022] SASCA 20; Pharmacy Board of Australia v Nguyen [2020] SACAT 83; Mikhchi v Psychology Board of Australia [2020] SACAT 39; Cheema v Medical Board of Australia [2020] SACAT 40; Smith v Physiotherapy Board of Australia [2020] SACAT 67.

4 Most recently, Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 123.

5 Most recently, Return to Work Corporation v Sunman and Others [2021] SASCA 125; Andrzejczak v DECD [2017] SAET 183 (classification under transitional provisions of the RTW Act); Harrington v Healthscope [2017] SAET 65 (scope of s18 RTW Act)

6 Most recently, Campbell v SA Support Services [2022] SAET 169; Campbell v F Laucke Pty Ltd [2022] SAET 16; Campbell v Lightforce Asset PL and Civil and Allied Technical Constructions PL [2021] SAET 9; May v Helicopter Resources; Commonwealth of Australia v May [2021] ACTSC 116.