Gill, Emma

Emma has over 20 years of experience in the areas of commercial litigation, common law claims against the Commonwealth, competition and consumer law and civil regulation. She advises particularly on the common law liability of the Commonwealth, class actions brought against the Commonwealth, and the competition and consumer protection provisions of the Competition and Consumer Act 2010. She also has considerable experience in managing large litigation matters and legal teams, drafting initiating documents, preparing evidence, discovery, analysis of evidence filed by responding parties, briefing counsel and instructing at trial. She has an excellent knowledge of risk management issues involved in Commonwealth litigation.

She has acted for Comcover as legal adviser for multi-million-dollar claims arising out of the Home Insulation Program, for Finance in a $60 million claim made under contractual indemnities, and for the Australian Competition and Consumer Commission (ACCC) in a broad range of competition and consumer law matters with a focus on consumer protection. She has successfully negotiated high penalties for the ACCC and resolved claims against the Commonwealth through alternative dispute mechanisms.

Emma has been legal adviser to the Commonwealth on possible common law liability arising out of chemical contamination originating on Commonwealth sites. 

Relevant experience

Emma’s relevant experience includes:

• Emma played a key role in devising the Commonwealth’s ultimately successful strategy in defending the Commonwealth in a class action brought by members of the insulation industry alleging the Commonwealth breached its duty of care to the members of the class in the design and implementation of the Home Insulation Program: Roo Roofing Pty Ltd v Commonwealth
• acting for Comcover in defence of misfeasance in public office and general negligence claims against a former junior minister and agency staff members
• providing high-level advice on potential exposure to civil claims arising out of Defence activities
• representing Home Affairs and Comcover on a number of large cohorts of personal injury claims
• acting for a wide range of agencies in common law claims specialising in claims for economic loss.

Qualifications

Graduate Diploma of Legal Practice, University of South Australia, 1999

Bachelor of Laws (Honours), University of Adelaide, 1998

Bachelor of Arts, University of Adelaide, 1997