Gemma Cafarella

Barrister

Bar Roll: 22 October 2020
Admitted: 13 August 2013

Gemma practises in public and commercial law. She appears led and unled in courts, tribunals, inquests, and commissions of inquiry.

About Gemma

Gemma practises in public and administrative law and commercial law. Gemma is the President of the Victorian Council for Civil Liberties (Liberty Victoria).

Gemma is an experienced advocate and regularly appears in all Victorian courts, the Federal Court, VCAT and the AAT. Gemma also has a significant advice practice.

Gemma welcomes briefs from government, regulatory bodies and individuals.

Public, administrative and regulatory law

Gemma’s experience spans a broad range of subject areas including health and disability, firearms, freedom of information, employment, environment and licensing. Gemma has significant experience in human rights matters, including in the application of the Victorian Charter of Human Rights and other human rights instruments.

Selected matters include:

 

Commissions and inquests

Gemma regularly appears and advises in coronial matters, commissions, and investigations. She appears as counsel assisting, for government and institutional parties, and for individuals.

Recent matters include:

 

Sexual harassment, discrimination and employment law

Gemma is briefed in sexual harassment matters in the Federal Court, VCAT and human rights commissions. Recent matters include:

  • BPC24 v Como Glasshouse No2 Pty Ltd & Anor (led by Mark Irving KC) - 2023-2024, alleged sexual harassment of 12 overseas seasonal workers.
  • Bishnoi v Star Track Express Pty Ltd & Ors (led by Malcolm Harding SC) – 2025, regarding the application of protections under the Sex Discrimination Act to workers purportedly engaged under contract.
  • ZBL v Olivo [2021] VCAT 850 (unled) - landmark ruling on damages in a sexual harassment case.

 

Residential tenancy matters

Gemma is highly regarded for her expertise in residential tenancy matters, with substantial experience in matters in VCAT and appellate courts. Her matters include:

 

Health and disability law

Gemma has extensive experience in health and disability matters. She welcomes briefs in matters involving disciplinary action, insurance litigation, reviews, and appeals. Gemma's work in this area includes:

 

General information

Gemma was awarded the Debbie Mortimer SC Award in 2023 for her pro bono work. She was highly commended by the Law Institute of Victoria for the Paul Baker Award for Human Rights and Administrative Law in 2019.

Gemma served on the Victorian Bar Council from 2023 to 2025.

Prior to coming to the Bar, Gemma was an Associate Public Defender (Civil Justice) in Victoria Legal Aid Chambers.

Gemma read with the Honourable Justice Elizabeth Bennett and her senior mentor was the Honourable Justice Claire Harris.

Areas of Practice
Civil and Human RightsCivil AppealsCivil Procedure LawCommon Law and Personal InjuryCompliance and InvestigationsConstitutional LawContractual DisputesCoronial InquestsDisciplinary ProceedingsDiscriminationHealth and MedicalJudicial Review and Administrative LawMental IllnessMerits ReviewPrivacy or Freedom of InformationReal PropertySocial Security and Veteran EntitlementsVictims of Crime
Jurisdiction
Victoria
Contact
To enquire about this barrister’s availability, suitability, or fees, please contact our our experienced Barristers' Clerks using the details below.

Anna Svenson

Director & Principal Clerk


Olimpia St George

Barristers' Clerk

Kristie Sullivan

Barristers’ Clerk

Dr Angus Cameron

Barristers' Clerk

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister’s clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

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