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Experience

Emily practises primarily in common law and administrative law, including commissions and inquiries. She also accepts briefs in some commercial and quasi-criminal law matters. Emily is regularly briefed to advise and appear in trials, appeals and other hearings within those fields.

Before coming to the Bar, Emily was Senior Associate to the Honourable Justices Kaye AM and Bell AM in the Supreme Court of Victoria. As an Associate, Emily worked in both the trial and appellate divisions of the Court. Prior to her Associateships, Emily worked as a solicitor in the Common Law team of the Transport Accident Commission (TAC), and in the Office of the Co-Prosecutors at the United Nations Extraordinary Chambers in the Courts of Cambodia.

Emily is a member of the Common Law Bar Association and a Committee Member of the Women Barristers Bar Association (WBA).

Emily read with Anna Robertson (now Her Honour Judge Robertson) and her senior mentor was Jeremy Ruskin KC.

Select (recent and ongoing) matters in which Emily has been briefed include:

Administrative and Public Law

• Retirement Villages Act application in Director of Consumer Affairs v F. Paparone Nominees P/L & Ors (led by K O'Gorman SC, ongoing)
• Royal Commission into Defence and Veteran Suicide (for Comcare, led by R Craig KC, and then Renee Enbom KC, ongoing)
• Royal Commission into the Robodebt Scheme (for S Britton, unled)
• Royal Commission into the Casino Operator and Licence (for Crown Melbourne Ltd)
• Perth Casino Royal Commission (for Crown Resorts Ltd and subsidiaries)
• Class action in Markovic ats Unified Security Group & Anor (see also Markovic v Unified Security Group (Australia) P/L [2021] VSC 840 (for MSS Security P/L, led by L Armstrong KC and C Parkinson SC)
• COVID-19 Hotel Quarantine Program Inquiry (for MSS Security P/L, led by A Robertson, now her Honour Judge Robertson)
• Trial work, including in Road Safety Act Appeals (acting for the Secretary of Department of Transport, unled), Elwick 9 v Freeman & Ors (acting for appellant in judicial review concerning the inconsistency between owners’ corporation and planning laws, led by E Nekvapil) [2018] VSC 234.
• Appearances in contested hearings concerning the appointment and revocation of Powers of Attorney, and guardianship and administration orders.
• Preparation of advice and pleadings in relation to judicial review appeals.
• Advising upon and preparing legislative flowcharts and guides for VicRoads in relation to legislative reform of Road Safety Act 1986 (Vic) in Victoria in 2018.

Common law

• Appeal work, including more recently in:
  • Van Der Wolf v TAC [2024] VSC 296 (judicial review, led by R Kumar)
  • Norman v TAC [2024] VSCA 123 (appeal from jury verdict concerning Volenti defence, led by R Kaye SC)
  • El-Najjar ats Swidryk Investments P/L & Anor [2023] VSCA 11 (Medical Panel appeal, led by F Spencer SC)
  • Hughes v VWA [2022] VSCA 124 (Medical Panel appeal, led by F Ryan SC)
  • Ramith v Homes Victoria & Ors (Medical Panel appeal, unled, ongoing)
  • Bucher Municipal P/L v Lustrissimi (Medical Panel appeal, led by R Kumar, ongoing)
  • Gray v VWA & Anor (Medical Panel appeal, led by R Kumar, ongoing)
  • Maringido v Blurlato Pty Ltd & Ors (judicial review, led by F Spencer SC, reserved)
  • Abera v VWA (Medical Panel appeal, led by F Spencer SC, resolved)
  • Williams v Giosante P/L (serious injury appeal, led by S Gladman SC, resolved)
• Trial work, including in relation to TAC and VWA damages trials, public liability and intentional torts, including in:
  • Grech v Spitteler [2024] VCC 786 (damages trial, led by F Ryan SC, jury veridict before Ginnane J)
  • Gashi v Greater Metropolitan Cemetries Trust (damages trial, led by C Blanden KC, resolved day 1 trial)
  • Becka v Tuppen & Wasyl [2022] VCC 1378 (damages trial, led by P Elliot KC)
  • Reynolds v Patel [2022] VSC 211 (damages trial, led by B Myers KC)
  • Nazarri v Lual & Anor (damages trial, led by C Blanden KC, jury verdict before Richards J)
  • Melton v Setaro (damages trial, led by P Jens KC, jury verdict before Tsalamandris J)
  • Dzialendik v Freshfields Nominees (intentional torts trial, unled, ongoing)
  • Palmer v Trustee for the Savage Family Trust & Ors (public liability for Vertic Alps, unled, resolved at mediation)
  • Almardini v Do (damages trial, led by S Smith KC, resolved)
  • Opacic v Rotheram (damages trial, led by A Clements KC, resolved)
  • Stiff v Woolworths P/L (public liability, unled, resolved at mediation)
  • Rushton v Woolworths P/L (public liability, led by R Annesley KC, resolved at mediation)
  • McFadden v Greater Shepparton Council (public liability, led by A Robertson (now her Honour Judge Roberston, resolved at mediation)
  • Munson v Webb & Ors (professional liability jury trial, unled, including written advice, interlocutory appearances, settled at pre-trial mediation).
• Appearances in serious injury applications, statutory benefits disputes, s 23A Limitations of Actions Act applications, including more recently in:
  • Swan v VWA (led by R Kaye SC, resolved)
  • Rando v TAC (ex tempore judgment) (led by J Clark)
  • Prospero v TAC [2023] VCAT 1143 (statutory benefits dispute, 4 day trial, unled)
  • Hancorne v TAC [2023] VCC 2411 (led by R Kaye KC)
  • Ilic v TAC [2023] VCC 1550 (led by C Blanden KC)
  • Piedemonte v TAC [2023] VCC 1698 (led by W R Middleton KC)
  • Stephenson v TAC (led by W R Middleton KC, reserved)
  • Connelly v TAC [2023] VCC 836 (s 23A, led by R Kaye KC)
  • Guskic v Ritchie Stores P/L [2023] VCC 1722 (s 23A, led by A Moulds KC)
  • Riddell v TAC [2022] VCC 563 (led by W R Middleton KC)
  • Carajis v TAC & Anor (Ruling) [2022] VCC 352 (unled)
  • Panetta v TAC [2021] VCC 124 (led by D Masel KC)
  • Makrides v TAC [2021] VCC 2041 (led by S Smith KC)
  • He v TAC [2021] VCC 1817 (led by W R Middleton KC)
  • Johnson v TAC [2021] VCAT 268 (unled)
• Appearances in compulsory conferences and mediations.
• Preparation of written work including but not limited to advices on prospects, quantum assessments, statutory interpretation, drawing pleadings and interrogatories.
• Preparation of Medical Panel referral documents.

Commercial law

• Trial work, including in Barker v Barker & Ors (acting for plaintiff in large-scale liquidation proceedings) (led by P Crutchfield KC, T Wodak) (VSC, 2017) (resolved a week out of trial), insolvency appeal in Seventh Asteroid v McCann (led by M Galvin KC), defamation trial in Giurina v New (unled, MCV, 2016).
• Appearances in interlocutory matters, including in Secular Party of Australia v DET [2018] VCAT 1321.
• Appearances in mediations and contested hearings, including the preparation of advice and legal contentions.

Quasi-Criminal

• Appearance for the VGSO in intervention order matters on behalf of the Chief Commissioner of Police, including in contested hearings.

From 9 Dec 2016, liability limited by a scheme approved under Professional Standards legislation.