EMMA BATHURST Barrister
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1 EMMA BATHURST Barrister CONTACT DETAILS EDUCATION Sixth Floor, Selborne/Wentworth Chambers 174 Phillip Street Sydney NSW 2000 Ph: [ ] University of New South Wales Sydney Masters of Law o Dean s List Prizes for best overall performance in: Law of the World Trade Organization; International and Comparative Intellectual Property Law; and Defamation and the Media. [ ] University of New South Wales Sydney Bachelor of Art Theory/Bachelor of Laws (Honours Class 1) o Dean s List Prize for best performance in Public International Law. o UNSW Faculty of Law, NSW Bar Association Prize for best performance in Law, Lawyers and Society. o UNSW Faculty of Law, Speranza Torts Prize for best performance in Torts. o UNSW Faculty of Arts and Social Sciences, Maxwell Aubrey Phillips Prize for best essay in Emergence of Modern Europe o Member of the UNSW team for the Philip C. Jessup International Law Moot Court Competition (Australian semi-finalists). ADMISSIONS Feb 2010 April 2015 Lawyer, Supreme Court of NSW and High Court of Australia Barrister, NSW Bar MEMBERSHIPS NSW Bar Association (April 2015 present). UNSW Law Masters Review panellist (November 2015 present).
2 EMPLOYMENT [Feb 2016-Present] Barrister, Sixth Floor Selborne/ Sydney Wentworth Chambers [Apr 2015-Feb 2016] Barrister, Fifth Floor St James Hall Sydney [Feb 2010-Mar 2015] King & Wood Mallesons Sydney Senior Associate (July 2014 to March 2015). Solicitor (admitted February 2010). Experience in intellectual property, administrative law, trade practices and consumer protection as well as general commercial litigation. Pro-bono experience including acting on administrative and refugee appeals, complaints on behalf of asylum seekers to the Australian Human Rights Commission, writing/editing articles/advices for Refugee Advice and Casework Service, Public Interest Advocacy Centre, Human Rights Law Centre and National Children s and Youth Law Centre. Member of the King & Wood Mallesons Human Rights Law Group Board and co-leader of Migration Subcommittee. [Feb 2011-Dec 2015] Refugee Advice and Casework Service Sydney Solicitor/Registered Migration Agent pro-bono secondment from King & Wood Mallesons and continuing volunteer work. Representing and assisting asylum seekers/refugees in the community and in remote detention centres on a not-for-profit basis making Protection Visa applications and merits review applications to Refugee Review Tribunal. [Jan 2009-Jan 2010] Associate, Federal Court of Australia Sydney Associate to the Hon. Justice Jayne Jagot. Managing Judge's docket, judgment proof-reading, legal research and analysis, court room support, assisting judge with speeches and presentations. SELECTED APPEARANCES High Court of Australia Burwood Council v Ralan Burwood Pty Ltd [2015] HCATrans 157 Application for special leave environmental planning law Led by B Walker SC and J Johnson Federal Court of Australia Ceramic Fuel Cells Limited v McGraw-Hill Financial, Inc & Anor NSD 1126/2015
3 City of Swan v McGraw Hill Companies Inc - NSD 656/2013 Clurname Pty Limited v McGraw- Hill Financial, Inc & Anor NSD 957/2015 Coffs Harbour City Council v McGraw Hill Companies Inc and Coffs Harbour City Council v Australia and New Zealand Banking Group Limited NSD 1020 and 1021/2014 Davies v Deputy Commissioner of Taxation [2015] FCA 773 Class Action (settled) Taxation Led by D Thomas Energizer Australia Pty Ltd v Procter & Gamble Australia Pty Ltd [2016] FCA 347 Gloucester Shire Council & Anor v Fitch Ratings Inc & Ors NSD 995/2014 Commissioner of Police, New South Wales v Guo [2016] FCAFC 62 Hopkins & Anor v AECOM Australia Pty Ltd NSD 757/ 2012 (ongoing) IPC Global Pty Ltd v Pavetest Pty Ltd NSD 1203/2015 John Todd v Alterra at Lloyds Ltd (on Behalf of Underwriting Members of Syndicate 1400) & Ors [2016] FCAFC 15 Liverpool City Council v McGraw- Hill Financial, Inc & Anor MDA National Insurance Pty Ltd v McGraw Hill Companies Inc and Ords Contempt Public interest immunity Intellectual property copyright and breach of confidence (ongoing) Insurance appeal Led by B Walker SC Led by N Sharp Led by P Jopling SC and J Williams Led by R Cobden SC Led by G Rich SC
4 Reckitt Benckiser (Australia Pty Limited v Procter & Gamble Australia Pty Limited [2015] FCA 753 Walker v NSW Bar Association NSD 1060/2015 Consumer protection interlocutory injunction Corporations Led by R Cobden SC Led by N Owens Supreme Court of NSW Alqudsi v Commonwealth of Australia [2015] NSWSC 958 Alqudsi v Commonwealth of Australia [2015] NSWCA 351 Downer EDI Rail Pty Ltd v John Hollond Pty Ltd File No 2015/ Canberra Tradesmen's Union Club Limited v Willis Australia Limited File No. 2013/ Carillion Construction Pty Ltd v AIG Australia Ltd [2016] NSWSC 495 Goodman Logistics Developments (UK) Limited v Liberty Mutual Insurance Europe Limited and Arch Insurance Company (Europe) Limited File No. 2015/ Griffin Energy Pty Ltd (subject to a deed of company arrangement) v Laughland File No. 2016/88818 Estate Late Peter Reid - File No. 2015/ Constitutional Constitutional - appeal Commercial List defending applications to set aside subpoenas Insurance Insurance Insurance (settled) Professional negligence (ongoing) Probate (ongoing) Led by C Lenehan Led by C Lenehan Led by N Owens Led by J Sheahan QC and D Thomas Led by G Rich SC Led by K Stern SC and R Higgins Harwick v Federal Commissioner Administrative summary Led by C Lenehan
5 of Taxation - File No. 2014/ In the matter of Eastmark Holdings Pty Limited (Receivers and Managers Appointed) (Subject to a Deed of Company Arrangement) [2015] NSWSC 1437; Supreme Court proceedings /2015 Macquarie Bank Limited v Juno Holdings S.a.r.l. [2015] NSWSC 1260 R v Issakidis [2015] NSWSC 834 Shoal Bay Developments Pty Ltd v Port Stephens Council File No /2015 dismissal Corporations application to set aside Deed of Company Arrangement (judgment reserved) Enforcement of foreign judgment Crime stay application Equity/real property (ongoing) Led by J Sheahan QC and P Crutchfield QC Led by I Jackman SC and D Thomas Led by B Walker SC and J Jones Led by R Lancaster SC Administrative Appeals Tribunal Saha v Minister for Immigration & Border Protection 2016/1134 Macquarie Bank Limited and Australian Securities & Investments Commission 2016/1249 Migration Corporations Led by K Stern SC
Weir Services Australia Pty Limited v AXA Corporate Solutions Assurance [2018] NSWCA 100 May 2018, Contract, Insurance
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