• Victoria

• Public & Administrative Law
• Civil Liberties/Discrimination
• Common Law
• Coronial Inquests, Inquiries and Commissions
• Criminal Law
• Disciplinary & Related Tribunals
• Equal Opportunity
• Guardianship/ Mental Health (Protective Tribunals)
• Human Rights
• Open Courts Act
• Residential Tenancies

Gemma practises in public & administrative, sexual harassment and discrimination, and commercial law.

Gemma is an experienced advocate and appears regularly 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.

Commissions and Inquests

Gemma appears and advises in investigations, inquests, commissions and coronial matters. In coronial matters, Gemma appears for parties and as Counsel Assisting the Coroner. Her experience spans matters involving employment, health, the criminal justice system, child protection, government and community services, and First Peoples’ rights.

Recent matters include:

• The Yoorrook Justice Commission as counsel for the State of Victoria (led by Peter Gray KC (as his Honour then was), Christopher Horan KC (as his Honour then was) Richard Knowles KC, Georgina Coghlan KC, and Elizabeth Bennett SC) – since 2022, ongoing.
• Trans and Gender Diverse Suicide Cluster inquest (unled, Counsel Assisting the Coroner) – 2023-2024.

• Coronial Inquest into Deaths at St Basil’s Homes for the Aged (unled, for 61 family members) – 2022.
• Inquest into the Death of Jackson Eales (unled, for WorkSafe Victoria) – 2023.

Sexual Harassment, Discrimination and Employment Law

Gemma is briefed led and unled 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, pertaining to the alleged sexual harassment of 12 overseas seasonal workers.
• Bishnoi v Star Track Express Pty Ltd & Ors (led by Malcolm Harding SC) – ongoing, pertaining to 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.

Administrative, Public and Regulatory Law

Gemma routinely acts for individuals, government, public sector agencies, statutory authorities and corporate entities at first instance, on review, and on appeal.

Gemma’s experience spans a broad range of subject areas including health and disability, firearms, freedom of information, employment, environment and licensing.

In addition to this Gemma is well versed in anonymisation matters.

Matters in which Gemma has been briefed include:

• JL v Mental Health Tribunal (No 1) [2021] VSC 868 (led by Lisa De Ferrari SC), and JL v Mental Health Tribunal (No 2) [2022] VSC 222 (unled). Judicial review of a decision of an authorised psychiatrist under the Mental Health Act.
• Markiewicz v Crnjac [2021] VSCA 290 (led by Ron Merkel KC). Test case in relation to the COVID-19 protections for renters.
• Danyl Hammond (a pseudonym) v Secretary to the Department of Health and Human Services & Ors (No 1) [2018] VSCA 356 (led by Claire Harris KC, as her Honour then was). Appeal from a decision of the Supreme Court to refuse a non-custodial supervision order.
• Department of Justice and Regulation v LLF [2018] VSCA 155 (led by Claire Harris KC, as her Honour then was). Appeal from a decision of VCAT to grant a working with children check.
• Various matters under the Firearms Act.

Gemma has significant experience in human rights matters, including in the application of the Victorian Charter of Human Rights and other human rights instruments. Recent human rights matters include:

• Van Loo & Ors v Commissioner for Social Housing (ACT Supreme Court, led by Peter Tierney), judicial review of a decision to redevelop public housing in the ACT.
• Secretary to the Department of Families Fairness and Housing v AM & Ors [2023] VSC 291(led by Eleanor Mallett KC), appeal of an interim accommodation order under the Children, Youth and Families Act.

Residential Tenancy matters

Gemma is a leading authority on residential tenancy matters, with over 10 years’ experience in matters in VCAT and the appellate courts. Before coming to the Bar, Gemma was a tenancy lawyer at Victoria Legal Aid and Justice Connect Homeless Law. Her matters include:

• Markiewicz v Crnjac [2021] VSCA 290(led by Ron Merkel KC), a test case on the application of COVID-19 protections for renters; and
• Jafarpourasr v Tancevksi [2018] VSC 497(unled), a key authority on the technical requirements for notices to vacate.

Health and Disability matters

Gemma has a high level of expertise in matters involving health and disability. She welcomes briefs in matters involving disciplinary action, insurance litigation, reviews, and appeals. Some matters Gemma has been involved in include:

• Mental Health Tribunal hearings, including TUQ [2018] VMHT 13 (review of a community treatment order) and CWR [2021] VMHT 10 (application for electroconvulsive treatment (ECT));
• National Disability Insurance Scheme matters at the AAT, including Ewin and National Disability Insurance Agency [2018] AATA 4726 (a landmark case pertaining to transport funding under the NDIS);
• Centrelink appeals at the AAT, including Miller; Secretary, Department of Social Services [2019] AATA 2315 (a review of a disability support pension matter);
• Reviews under the Crimes Mental Impairment Act in the Supreme and County Courts, including Re KP [2019] VSC 7 (application for variation of a custodial supervision order); and
• Guardianship and administration order matters, including THD (Guardianship) [2020] VCAT 677 (reassessment of a guardianship order).

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 is a current member of the Victorian Bar Council, and Vice President of Liberty Victoria.

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

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

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.