Areas of Practice:
Administrative Law (Merits and Judicial Review)
Torts (other than PI)
Transport Accident Commission
Emily practises in commercial and common law.
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 Group of the TAC. While at the Commission, she had carriage of proceedings in
the Supreme and County Courts, including jury trials, and proceedings at VCAT. She also provided advice in relation to the eligibility of claims and
statutory benefits, serious injury applications, common law damages and complex issues of statutory interpretation.
Emily read with Anna Robertson and her Senior Mentor is Jeremy Ruskin QC.
Recent and ongoing matters in which Emily has been briefed since coming to the Bar include:
- Trial work, including as junior counsel in Barker v Barker and Ors - acting for plaintiff in liquidation proceedings (led by Philip Crutchfield
QC, Tyson Wodak) (VSC, 2017) (resolved prior to hearing), defamation trial (unled) in Giurina v New (Magistrates’ Court, 2016), planning
hearing (unled) in Skantzos v Mornington Peninsula Shire Council (VCAT, 2017) (resolved prior to hearing).
- Appearances in various interlocutory matters, including winding up applications (VSC), strike out application (professional negligence) (CCV) and debt
- Appearances in mediations and contested hearings in relation to defamation, Retail Leases Act, property and constructive trust disputes.
- Drafting court documents, commercial advices in various areas, including defamation, Social Security Act matters, Australian Consumer Law
matters, trusts and contractual disputes.
- Appearance (unled) in significant statutory benefits dispute in Moore v TAC (VCAT, 2016) (resolved prior to hearing).
- Appearances in serious injury applications, including Ouk v Toyota (led by Gerard Nash QC), Brennan v TAC (led by Paul Elliot QC)
- Appearances in compulsory conferences and mediations.
- Advising, drafting court documents, including medical panel referral documents for Plaintiffs and Defendants.
- Appearance (unled) in County Court sentence appeal in Mullan v DPP (CCV, 2017).
- Acting for the VGSO in intervention order matters on behalf of the Chief Commissioner of Police, including in contested hearings.
- Plea hearings, including in relation to Building Act prosecutions.
From 9 Dec 2016, liability limited by a scheme approved under Professional Standards legislation.
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McPhee Mediation Centre
Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful
mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.
Phone: 9670 4003