Emily Golshtein

ADMITTED  2013    BAR  2016

CLERK CONTACT  03 9225 7999
PHONE  9225 7035
MOBILE  0434 566 639

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Emily Golshtein, BA LLB


  • Administrative Law
  • Class Actions
  • Common Law
  • Contract
  • Coronial Inquests
  • Disciplinary Tribunals
  • Insurance
  • Medical Negligence
  • Occupational Health and Safety
  • Personal Injuries
  • Product Liability
  • Professional Negligence
  • Regulatory Tribunals
  • Torts (Other Than PI)
  • Transport Accident Act
  • Work Cover




Emily practises primarily in common law and administrative law, including commissions and inquiries. She also accepts briefs in some commercial matters and quasi-criminal law matters.

Emily is regularly briefed to advise and appear in trials, appeals and other hearings within those fields. More recently, Emily was briefed in the Royal Commission into Defence and Veteran Suicide, the COVID-19 Hotel Quarantine Inquiry, and each of the Royal Commission into the Casino Operator and Licence and Perth Casino Royal Commission.

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, investigating genocide and other international crimes.

Emily is a member of the Common Law Bar Association and is also a Committee Member of the Women Barristers' Association (WBA), sitting on the sub-committee of the WBA's Equitable Briefing initiative. Emily is a Board member (appointed July 2021) of the Jewish Professional Women's Network (JPWN).

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

Recent and ongoing matters in which Emily has been briefed include:

Administrative and other public law matters

  • Royal Commission into Defence and Veteran Suicide (for Comcare, led by Rob Craig QC, ongoing).
  • 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) Pty Ltd [2021] VSC 840 (for MSS Security Pty Ltd, led by Lachlan Armstrong QC and Charles Parkinson SC).
  • COVID-19 Hotel Quarantine Program Inquiry (for MSS Security Pty Ltd, led by Anna Robertson)
  • Trial work, including in El-Najjar v Swidryk Investments P/Ltd & Ors (for VWA, ongoing judicial review, led by Fiona Spencer), Elwick 9 v Freeman & Ors (acting for appellant in judicial review concerning the inconsistency between owners’ corporation and planning laws, led by Emrys Nekvapil) [2018] VSC 234, planning hearing (unled) in Skantzos v Mornington Peninsula Shire Council (VCAT, 2017).
  • Appearances in contested hearings concerning the appointment and revocation of Powers of Attorney, and guardianship and administration orders (various, VCAT, unled).
  • Appearances in merits reviews concerning security business licence applications (various, VCAT, unled).
  • 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 in El-Najjar ats Swidryk Investments Pty Ltd & Anor (Medical Panel appeal, ongoing for VWA, led by Fiona Spencer), Hughes v VWA (Medical Panel appeal, for VWA, led by Fiona Ryan SC).
  • Trial work, including in relation to public liability, professional liability claims, TAC and VWA damages trials and product liability matters; including in Nazarri v Lual & Anor (damages trial, led by Andrew Moulds QC, ongoing), Becka v Tuppen & Wasyl (for TAC, damages trial, led by Paul Elliot QC), Stiff v Woolworths Pty Ltd (public liability for Woolworths, unled, resolved), Reynolds v Patel (for TAC, damages trial, led by Barbara Myers SC), Hitchcock v Singh (for TAC, ongoing damages trial, led by Barbara Myers SC), Tsiragakis v JobCo Employment Service Inc (for VWA, ongoing damages trial, led by Scott Smith QC), Rushton v Woolworths Pty Ltd (public liability for Woolworths, led by Roisin Annesley QC, resolved), McFadden v Greater Shepparton Council (public liability trial, led by Anna Robertson (now Judge Roberston), Nikou v Vicinity Centres PM Pty Ltd (public liability jury trial, led by Neill Murdoch QC), Melton v Setaro (for TAC, damages jury trial, led by Paul Jens QC), Sprague v Craig Langley Pty Ltd (for VWA, damages trial, led by Ainé Magee QC, resolved), Prasad v Shining Knight Cleaning Services (led by Chris Winneke QC, resolved), Munson v Webb & Ors (professional liability jury trial, unled, including written advice, interlocutory appearances, settled at pre-trial mediation).
  • Appearances in serious injury applications and section 23A Limitations of Actions Act applications, including in Makrides v TAC (for TAC, led by Scott Smith QC), He v TAC (led by Ross Middleton QC), McDonald v National Express (led by Andrew Moulds QC), Blackman v TAC (led by Andrew Moulds QC), Rogers v Berry Street Victoria Inc. (led by Jamie Gorton QC), Kelaart v Coca-Cola (led by Jacinta Forbes QC), Ouk v Toyota (led by Gerard Nash QC), and Brennan v TAC (led by Paul Elliot QC).
  • Appearances in Workcover statutory benefits disputes on behalf of Plaintiffs and Defendants.
  • Appearances in compulsory conferences and mediations.
  • Preparation of written work including but not limited to advices on prospects, quantum assessments, and statutory interpretation, drawing pleadings, interrogatories, and legal contentions.
  • Preparation of Medical Panel referral documents on behalf of Plaintiffs and Defendants.
  • Preparation of advice and legal contentions in relation to Medical Board immediate actions hearings and suspensions.

Commercial law

  • Trial work, including in Barker v Barker & Ors (acting for plaintiff in large-scale liquidation proceedings) (led by Philip Crutchfield QC, Tyson Wodak) (VSC, 2017) (resolved a week out of trial), insolvency appeal in Seventh Asteroid v McCann (led by Michael Galvin QC), defamation trial in Giurina v New (unled, MCV, 2016), Adtalk Pty Ltd & Ors (unled, for plaintiff in ACL, unjust enrichment claim).
  • Appearances in interlocutory matters, including winding up applications (VSC), strike out applications (including in Secular Party of Australia v DET (for the Department) [2018] VCAT 1321, and other matters concerning ACL, professional negligence, equal opportunity and discrimination issues) (CCV), summary judgment, and debt recovery disputes.
  • Appearances in mediations and contested hearings, including the preparation of advice and legal contentions, including in relation to owners’ corporation disputes and Social Security Act matters.

Quasi-Criminal matters

  • Appearance for the VGSO in intervention order matters on behalf of the Chief Commissioner of Police, including in contested hearings.
  • Occupational Health and Safety hearings.
  • Plea hearings, including in relation to Building Act prosecutions

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