Areas of Practice:
Administrative Law (Merits and Judicial Review)
Torts (other than PI)
Transport Accident Commission
Emily practises in common law and commercial 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.
Emily is a member of the Common Law and Commercial Bar Associations.
Recent and ongoing matters in which Emily has been briefed since coming to the Bar include:
Commercial Law / Administrative Law
- Trial work, including in Sandhu v Chief Commissioner of Police (VCAT, 2020) - acting for appellant in merits review concerning private
security business licence application (unled), as junior counsel in Elwick 9 v Freeman & Ors - acting for appellant in judicial
review from VCAT (concerning the inconsistency between owners corporation and planning laws) (led by Emrys Nekvapil)  VSC 234, Barker v Barker & Ors - acting
for plaintiff in liquidation proceedings (led by Philip Crutchfield QC, Tyson Wodak) (VSC, 2017) (resolved), insolvency appeal in Seventh Asteroid v McCann (led by Michael Galvin QC), planning hearing (unled) in Skantzos v Mornington Peninsula Shire Council (VCAT, 2017) (resolved), defamation
trial (unled) in Giurina v New (MCV, 2016).
- Appearances in various interlocutory matters, including winding up applications (VSC), strike out application (ACL, professional negligence, equal
opportunity and discrimination) (CCV), summary judgment, debt recovery disputes.
- Appearances in mediations and contested hearings in relation to defamation, Owners Corporations' and Residential Tenanacy disputes at VCAT, Vexatious Proceedings Act matters,
property and trust disputes.
- Drafting court documents, legal contentions, commercial advices on prospects and other in various areas, including Medical Board suspension matters,
Social Security Act matters, Australian Consumer Law matters, trusts, insolvency, contractual disputes and defamation.
- Advising upon and preparing legislative flowcharts and guides for VicRoads in relation to complex legislative reform in Victoria in 2018.
- Trial work, including as junior counsel in Nikou v Vicinity Centres PM Pty Ltd (jury trial led by Neill Murdoch QC, settled), junior counsel
in Melton v Setaro (jury trial, led by Paul Jens QC), Sprague v Craig Langley Pty Ltd (led by Aine Magee QC) (resolved),
Prasad v Shining Knight Cleaning Services (led by Chris Winneke QC) (resolved).
- Appearances (unled) in Workcover statutory benefits disputes.
- Appearances in serious injury applications, including 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), Brennan v TAC (led by Paul Elliot QC).
- Appearances in compulsory conferences and mediations.
- Advising on prospects and other statutory interpretation matters, drafting court documents, including medical panel referral documents for Plaintiffs
- Trial work, including appearance (unled) in summary prosecution (for VGSO).
- Appearance (unled) in 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