Areas of Practice:
Administrative Law (Merits and Judicial Review)
Torts (other than PI)
Transport Accident Commission
Emily practises primarily in common law and administrative law. 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. Emily was recently briefed in the COVID-19 Hotel Quarantine Inquiry.
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 read with Anna Robertson and her senior mentor was Jeremy Ruskin QC.
Emily is a member of the Common Law, Commercial and Women's Bar Associations and Women in Insurance.
Recent matters in which Emily has been briefed include:
Administrative and other public law matters
- Acting in COVID-19 Hotel Quarantine Program Inquiry (for MSS Security Pty Ltd, led by Anna Robertson).
- Trial work, including in Elwick 9 v Freeman & Ors (acting for appellant in judicial review concerning the inconsistency between owners’ corporation
and planning laws) (led by Emrys Nekvapil)  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,
- 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
- Trial work, including in relation to public liability, Wrongs Act and professional liability claims, TAC and VWA damages trials; in McFadden v
Greater Shepparton Council (damages trial led by Anna Robertson), Nikou v Vicinity Centres PM Pty Ltd (public liability jury trial led by Neill
Murdoch QC), Melton v Setaro (TAC damages jury trial, led by Paul Jens QC), Sprague v Craig Langley Pty Ltd 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 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.
- 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 breach of trust, ACL, unjust enrichment claim).
- Appearances in interlocutory matters, including winding up applications (VSC), strike out applications (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, Social Security Act matters, Retail and Residential tenancies, and other property disputes.
- Trial work, including appearance (unled) in summary prosecution (for the VGSO).
- Appearance for the VGSO in intervention order matters on behalf of the Chief Commissioner of Police, including in contested hearings.
- Appearance (unled) in sentence appeal in Mullan v DPP (CCV, 2017).
- 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.