AREAS OF EXPERTISE
- Commercial Law
- Consumer Credit Law
- Constitutional Law
- Human Rights/Victorian Charter
Emrys has a broad trial and appellate practice, with a particular focus on public law, torts and commercial law.
Emrys is the General Editor of Victorian Administrative Law (looseleaf), the Editor of the Victorian Administrative Reportsand the author of Pizer’s Annotated VCAT Act (6th edn, 2017), all published by Thomson Reuters. Before coming to the bar, he was a solicitor in the litigation group at King & Wood Mallesons (then Mallesons Stephen Jaques).
A selection of key cases in which Emrys has appeared:
- In the matter of questions referred to the Court of Disputed Returns pursuant to section 376 of the Commonwealth Electoral Act 1918 (Cth) concerning the Hon. Barnaby Joyce MP (construction of s44(i); led by Ron Merkel QC and Justin Gleeson SC, with Sarah Zeleznikow; decision reserved)
- Kerrison v Melbourne City Council (2014) 228 FCR 87 (implied freedom of political communication; led by Ron Merkel QC, with Craig Lenehan and David Hume)
- Momcilovic v The Queen (2011) 245 CLR 1 (operation and validity of Charter of Human Rights and Responsibilities Act 2006; led by Stephen Donaghue).
- ASIC v Cash Store Pty Ltd (in liq)  ASC 155-200 (led by David O’Callaghan QC); ASIC v The Cash Store Pty Ltd (in liq) (No 2)  ASC 155-201;  FCA 93 (unled): acted for ASIC in first case about the scope and operation of the responsible lending obligations under the National Consumer Credit Protection Act 2009 (Cth); largest penalty awarded in civil penalty claim by ASIC.
- Australian Conservation Foundation Incorporated v Minister for the Environment and Energy  FCAFC 134 (judicial review of Adani approval; led by Saul Holt QC)
- Coast and Country Association of Queensland Inc v Smith  HCATrans 74 (special leave application on treatment of climate change harm from coal mine; led by Stephen Donaghue QC, then Peter Hanks QC)
- Dustday Investments Pty Ltd v Minister for Planning  VSC 101 (judicial review by plaintiff developer; led by Stuart Morris QC).
- Bare v Independent Broad-based Anti-corruption Commission (2015) 326 ALR 198 (first successful judicial review based on s38 of the Charter of Human Rights and Responsibilities Act 2006 (Vic); led by Jason Pizer QC, with Fiona Spencer)
- Christian Youth Camps Ltd v Cobaw Community Health Services Ltd (2014) 50 VR 256 (led by Debbie Mortimer SC, then Peter Hanks SC, with Jim McKenna, Elizabeth Bennett and Kathleen Foley)
- W B M v Chief Commissioner of Police (2012) 43 VR 446 (unled)
Criminal law and procedure
- Prior v Mole (2017) 91 ALJR 441 (led by Brian Walters QC, with Fiona Batten)
- Director of Public Prosecutions v Kaba (2014) 44 VR 526 (led by Stephen Donaghue SC)
Freedom of Information
- Kline v Official Secretary to the Governor General (2013) 249 CLR 645 (led by Ron Merkel QC).
- XYZ v State of Victoria and Anglicare (Supreme Court of Victoria, resolved): for a defendant in a personal injury case in the major torts list, in which a novel duty of care was asserted (unled).
- Plaintiff S99/2016 v Minister for Immigration and Border Protection (2016) 243 FCR 17: for the Plaintiff, succeeded in establishing a novel duty of care; first Australian case to obtain an injunction for a prospective breach of duty of care (led by Ron Merkel QC, with Olaf Ciolek).
- Nicholls v Minister for Planning and State of Victoria (Supreme Court of Victoria, resolved): acted for the developer in a case asserting negligence and negligent misstatement in respect of a zoning amendment on Phillip Island (led by Richard Niall QC).
- Smith v Angkerle Aboriginal Corporation Inc (Supreme Court of Victoria, resolved): acted for a defendant to a personal injury claim for paraplegia suffered as a result of a fall in remote Australia (led by Rachel Doyle SC).
For a complete list of decisions in matters in which Emrys has appeared, or in which his publications have been cited, please click here.
*liability limited by a scheme approved under Professional Standards legislation