Emma specialises in planning, environment and government related matters, in particular at the Victorian Civil and Administrative Tribunal (VCAT), Planning Panels Victoria, Inquiries and Advisory Committees, the Magistrates Court of Victoria, the Supreme Court of Victoria and the Victorian Court of Appeal.
Emma acts in:
- Appeals involving planning, environment, government, water/flooding, contamination, heritage (including aboriginal cultural heritage), coastal issues, vegetation or extractive industry – in both merits and judicial reviews, as well as associated declaration/questions of law proceedings;
- Commercial matters involving a planning/environment/government aspect;
- Property law matters relating to subdivision, easements and covenants, adverse possession and rates;
- Owners corporation matters;
- Compensation, valuation and acquisition matters;
- Criminal matters involving regulatory planning/environment/building/water charges;
- Enforcement matters in relation to planning/environment/building/water issues; and
- Matters involving planning and environment related torts (negligence/nuisance/trespass).
Emma was recognised as a pre-eminent junior counsel in planning and environment law in the 2022 Doyles Guide. In 2021 she produced a podcast episode in relation to the new Environment Protection Act 2017.
Selected notable cases include:
- 2022 – Environment Effects Act 1978 (Vic.)(EE Act) Inquiry and Advisory Committee – Suburban Rail Loop East – Minister for Planning (led by Adrian Finanzio SC);
- 2022 – Advice to Standing Advisory Committee under the Planning and Environment Act 1987 (Vic.)(PE Act) (unled);
- 2020 – current – Supreme Court restrictive covenant claim pursuant to s 84 of the Property Law Act 1958 (Vic.) – Jeshing Property Management Pty Ltd & Anor v Yang & Ors [2022] VSC 306 – currently on appeal to the Court of Appeal (led by Tim North KC);
- 2020 – 2022 – Supreme Court compensation claim pursuant to s 94 of the PE Act – settled prior to trial (led by Paul Connor KC);
- 2020 – VCAT PE Act enforcement application followed by Supreme Court appeal – settled prior to trial (led by Paul Connor KC);
- 2020 – Supreme Court claim in relation to noise nuisance/negligence (led by Jeremy Ruskin KC);
- 2019 – 2022 – Supreme Court and VCAT claims in relation to owners corporation/subdivision dispute – Court claim settled – VCAT decision of Justice Garde Barintore Nominees Pty Ltd v Owners Corporation Plan No SP22934S (Owners Corporations) (No 2) [2019] VCAT 1853 (led by John Karkar KC);
- 2019 – 2020 – EE Act Inquiry and Advisory Committee – North East Link – Minister for Planning – including Supreme Court appeal – settled prior to trial (led by Nick Tweedie SC/Jason Pizer KC);
- 2019 – VCAT appeal – Licence amendment for the Environment Protection Authority (unled);
- 2017 – Supreme Court appeal in relation to existing use rights – Octopus Media Pty Ltd v Melbourne City Council [2017] VSC 429 (led by Chris Canavan QC);
- 2016 – 2017 – Court of Appeal and Supreme Court appeal in relation to the interaction between the PE Act and the Water Act 1989 (Vic.) – Stanley Rural Community Inc v Stanley Pastoral Pty Ltd [2017] VSCA 385, Stanley Rural Community Inc v Stanley Pastoral Pty Ltd (No 2) [2016] VSC 811, Stanley Rural Community Inc v Stanley Pastoral Pty Ltd [2016] VSC 764 and Stanley Rural Community Inc v Stanley Pastoral Pty Ltd [2016] VSC 173 (led by Nick Tweedie SC and unled in relation to security for costs application);
- 2016 – Supreme Court appeal – Forum Theatre Holdings Pty Ltd v MCC & Anor [2016] VSC 354 (led by Susan Brennan SC);
- 2016 – EE Act Inquiry and Advisory Committee – Melbourne Metro Rail Project – Minister for Planning (led by Adrian Finanzio SC);
- 2015 – Supreme Court appeal – Dustday Investments Pty Ltd v Minister for Planning [2015] VSC 101 (led by Nick Tweedie SC);
- 2015 – Hazelwood Mine Fire Inquiry (Rehabilitation Terms of Reference) (led by Lisa Nichols);
- 2014 – VCAT appeal – Pollution Abatement Notice for the Environment Protection Authority (unled);
- 2013 – Supreme Court claim – Brookland Greens Estate/Casey Landfill class action, involving negligence and nuisance claims in relation to statutory authorities as well as contractual claims, and various interlocutory disputes in relation to pleadings, discovery and privilege (led by Albert Monichino QC);
- 2012 – Supreme Court appeal in relation to the Domestic Animals Act 1994 - Dudas v Monash City Council; Tarawa-Shearer v Darebin City Council [2012] VSC 578 (unled);
- 2011 – Supreme Court appeal – Laukart v Knox City Council [2011] VSC 630 (led by Stuart Morris QC); and
- 2011 – Supreme Court appeal in relation to a special charge scheme under the Local Government Act 1989 – Surf Coast Shire Council v Cameron & Ors [2011] VSC 604 (unled).
Prior to coming to the Bar, Emma was:
- Associate to Justice Morris, then President of VCAT;
- Associate to Justice Byrne, then Principal Justice of the Commercial and Equity Division at the Supreme Court of Victoria;
- Associate to Justice Osborn, then Head of the Valuation, Compensation and Planning List at the Supreme Court of Victoria; and
- A solicitor and community legal education project manager at a Victorian environmental legal centre.
In terms of extra-curricular activities Emma has:
- Volunteered for an environmental legal organisation in Myanmar in 2017;
- Volunteered at an environment organisation in Vanuatu in 2009-2010, also attending the 2009 international climate change negotiations in Copenhagen; and
- Interned at the Environment Defenders Office Northern Territory.
Emma is a current member of the Victorian Planning and Environment Law Association and the Women Barristers Association. Emma is a past member of the Victorian Bar Council, the Victorian Bar’s Climate Change and Environmental Law Panel, and the Victorian Bar’s South Pacific Education Committee. She has acted as an advocacy coach in Melbourne and Papua New Guinea.
