Administrative Law (Merits Review & Judicial Review)
Discrimination / Equal Opportunity
FOI & Privacy
Emma practices in general commercial litigation with a focus on contract, consumer protection, restraint of trade and property disputes. Since coming to the Bar, Emma's practice has expanded to include securities class actions, construction disputes and employment and related work, mainly in the areas of restraint of trade, obligations of confidence and discrimination.
Before coming to the Bar, Emma was a Senior Associate in the Commercial Disputes Group at Minter Ellison. At Minter Ellison Emma acted for major corporates in large-scale litigation, including for Crown Melbourne Limited in the high-profile claim brought by alleged pathological gambler, Harry Kakavas, and acting for the ANZ following the collapse of Opes Prime Group Limited. She also advised and acted for tertiary education providers, large retail landlords and banks.
In 2002, Emma was Associate to Justice Kenny of the Federal Court and assisted her Honour in relation to all matters within her docket, covering topics such as intellectual property, bankruptcy, to all matters within her docket, covering topics such as intellectual property, bankruptcy, migration and taxation.
Since coming to the Bar, Emma's matters have included:
Acting for Dr Lynn Burmeister in proceedings challenging restraints of trade and proceedings seeking to enforce restraints of trade, including acting for Dr Burmeister in Monash IVF Pty Ltd v Burmeister  NSWSC 849 (with Jonathan Davis QC)
Just Group Limited v Nicole Peck (2016) 344 ALR 162: Acting for Just Group Limited in restraint of trade appeal (with Alan Archibald QC and Marc Felman)
Just Group Limited v Nicole Peck  VSC 614: Acting for Just Group Limited in proceedings to enforce post-employment restraints, including trial before McDonald J of the Supreme Court of Victoria (with Stuart Wood QC and Dimtri Ternovski)
OZ Minerals Ltd v Hegarty & Ors: Acting for former officers of OZ Minerals Ltd in representative proceeding regarding alleged contraventions of continuous disclosure obligations and prohibitions on misleading and deceptive conduct, including commencement of trial before Middleton J in the Federal Court (with Chris Caleo QC and Stewart Maiden)
Ambridge Investments Pty Ltd (in liquidation) (receiver appointed) v TressCox Lawyers & Anor: Alleged breaches of duty and advocate's immunity (with Michael Pearce SC)
Essendon Football Club & Hird v ASADA  FCA 1019: Administrative law action concerning legality of investigation by ASADA and the AFL (with Neil Young QC and Dr Catherine Button)
TI Asia Pacific Pty Ltd & Anor v Treofan Germany GmbH & Co KG: Acting for vendor of business in proceedings for alleged breaches of restraint of trade provision and patent licence consequent upon sale of business, including commencement of trial before Beach J of the Federal Court (with David Batt QC)
Amcor Ltd v Barnes & Ors  VSC 707: Trial of breach of contract and estoppel claims before Sloss J of the Supreme Court Victoria (with Stewart Maiden)
Orora Limited v Lindsay Australia Limited  VSC 197: Application for interlocutory injunctive relief to prevent termination of distribution agreement (with Sam Horgan QC)
Acting for service provider to defend discrimination claim
Acting for time charterer in arbitration proceeding for breach of time charter
Acting for a construction subcontractor in Supreme Court proceedings in its defence of a multi-million dollar breach of contract and negligence claim
Advising in relation to the defence of a claim for breach of the covenant of quiet enjoyment
*liability limited by a scheme approved under Professional Standards legislation