Dr Laura Hilly

• Austin on behalf of the Eastern Maar People v State of Victoria[2023] FCA 237 (led by Peter Willis SC) - consent determination of native title under s 87A of the Native Title Act 1993 (Cth).
• Environment Centre NT (Inc) v Pastoral Land Board of the Northern Territory & Ors (2023, Northern Territory Supreme Court) (led by J Hutton SC with P Coleridge) — judicial review; land clearing; proper construction of scheme for pastoral leases, resolved following revocation of lease.
• Advising and appearing on behalf of senior Victorian Government witnesses in the Royal Commission into Past and Ongoing Injustices Experienced by Victorian First Peoples (the Yoorrook Justice Commission) (2023, ongoing) (led by C Horan KC with G Cafarella and P Coleridge).
• Montagner and Secretary, Department of Health and Aged Care[2023] AAT 1443 (unled) - Freedom of Information - deliberative process exemptions.
• Mpwerempwer Aboriginal Corporation v Minister for Territory Families and Urban Housing as delegate of the Minister for Environment (2022, Northern Territory Supreme Court, reserved) (led by Chris Young KC) – judicial review – challenge by traditional owners to grant of water licence.
• Attorney-General v Khan [2022] VSC 687 (led by S Ginsbourg with R McEwen) - application for interim supervision orders and an extended supervision orders under the Criminal Code Act 1995 (Cth) following imprisonment for terrorism offences
• Attorney-General v Khan (Suppression Order) [2022] VSC 627 (led by S Ginsbourg) - suppression and non-publication orders - terrorism - protection of security and prejudice to the proper administration of justice and national security.
• XY (A Pseudonym) v Companies Auditors Disciplinary Board, Australian Securities and Investments Commission & Anor[2022] FCA 1583 (led by R Seiden SC) – judicial review – regulatory – whether error in refusal of Board to stay of disciplinary proceedings where criminal proceedings were pending – statutory interpretation –suppression and non-publication orders.
• Citta Hobart Pty Ltd v Cawthorn[2022] HCA 16 (led by R Merkel KC with S Beckett and C Tran); Cawthorn v Citta Hobart & Anor [2020] TASFC 15 (led by R Merkel KC with S Beckett) – disability discrimination and constitutional law – access to facilities – questions on the exercise of federal jurisdiction by a State Tribunal and s 109 inconsistency between State and Commonwealth anti-discrimination law.
• HYY (Guardianship) [2022] VCAT 97 (led by Liam Brown, Crown Counsel) - intervening on behalf of the Attorney-General - application for advice - proper construction of guardianship power to - whether 'physical restraint' authorised - whether interpretation incompatible with the Charter of Human Rights and Responsibilities Act 2006 (Vic).
• Infosys Technologies Ltd v State of Victoria[2021] VSCA 219 (led by Paul O'Grady KC) – statutory construction of the Long Service Leave Act 2018 (Vic) and s 48(b) of the Interpretation of Legislation Act 1984 (Vic).
• Angel Flight Australia v Civil Aviation Safety Authority[2021] FCA 469 (interlocutory decision [2020] FCA 1316) (led by led by Peter Hanks KC) – administrative law – on behalf of the Commonwealth – judicial review of the making of a statutory instrument.
• Northern Territory v Griffith (2019) 364 ALR 208; [2019] HCA 7 (led by S Glacken KC with G Hill SC) – native title – proper approach to compensation under the Native Title Act 1993 (Cth), including test for awarding compensation for loss of traditional attachment to land and connection to country
• Northern Territory v Griffith(2019) ALJR 803; [2019] HCA 19 (led by Sturt Glacken KC) – native title – suppression and non-publication orders in respect of gender restricted evidence.
• Thompson v Andrews & Ors (2019, C14 of 2018) (with E Nekvapil) application for special leave to appeal to the High Court of Australia on the question of police powers to enter private dwellings to effect arrest for breach of bail.
• BQQ15 v Minister for Home Affairs[2019] FCAFC 218 (with M Albert) – on behalf of the applicant – judicial review – appeal to the Full Court of the Federal Court of Australia for judicial review of decision made under the Migration Act 1958 (Cth).
• Clark v Minister for the Environment[2019] FCA 2027 (led by C Horan KC) – administrative law – on behalf of the Commonwealth - judicial review of decision made under the Aboriginal Heritage Protection Act 1984 (Cth).
• Secretary to Department of Education and Training v Paul and Disciplinary Appeals Board[2019] VSC 670 (led by P Neskovcin KC), on appeal: Secretary to Department of Education and Training v Paul [2020] VSCA 280 (unled) – administrative law - judicial review of decision of the Disciplinary Appeals Board.
• Re An Application under section 10 of Witness Protection Act 1991 [2018] VSC 810 (with E Nekvapil) – appearing on behalf of the Chief Commissioner of Police - information protection of evidence from human sources.
• Kaliszewski v Department of Justice and Regulation (Human Rights) [2018] VCAT 2035 (unled) – claim for breaches of the Privacy and Data Protection Act 2014 (Vic).

• XY (A Pseudonym) v Companies Auditors Disciplinary Board, Australian Securities and Investments Commission & Anor[2022] FCA 1583 – judicial review – regulatory – whether error in refusal of Board to stay of disciplinary proceedings where criminal proceedings were pending – statutory interpretation –suppression and non-publication orders.
• Zivkovic & Ors v Parke[2022] VSCA 43 (led by J P Moore KC) - contracts - interpretation of settlement agreement in defamation proceedings - accord and satisfaction or accord and conditional satisfaction.
• Australian Securities and Investments Commission v GoGetta Equipment Fundy Pty Ltd [2021] FCA 420 (with E Nekvapil) - regulatory - National Credit Act - penalty.
• Daswan Australia Pty Ltd v Linacre Developments Pty Ltd (in liq)[2018] VSCA 350 (led by J P Moore KC) – contracts – interpretation of deed of compromise - accord and satisfaction or accord and conditional satisfaction.
• Australian Competition and Consumer Commission v Landmark Operations[2018] FCA 1977 (led by O Bigos KC) – regulatory – consumer law – misleading or deceptive conduct.
• Coleiro v IBM Australia Ltd(2020, SCCIV-11-1136, resolved) – before the Supreme Court of South Australia – contracts – interpretation of contract of employment (led by J Firkin KC).
• Proceeding in the Federal Court of Australia in relation to the construction of an ex gratia payment clause in a Commonwealth contract pertaining to the calculation of rates payable on Commonwealth land, on behalf of the Commonwealth (led by Peter Gray KC).
• Szuch v Australian Prudential Regulatory Authority[2018] FCA 405, unled – regulatory – application for discontinuance of disqualification.
• Various merits review proceedings on behalf of the Australian Securities and Investments Commission before the Administrative Appeals Tribunal in relation to administrative banning orders (unled).
• Appearing on behalf of Australian Skills Quality Authority in before the Administrative Appeals Tribunal in relation to administrative decisions made under the National Vocational Education and Training Regulator Act 2011 (Cth), both led and unled, for example, Complete Training Institute Pty Ltd and Australian Skills Quality Authority[2018] AATA 4638 (with S Rebikoff).

• Wheatley v Fire Rescue Victoria (Human Rights) [2023] VCAT 12 (first instance); Fire Rescue Victoria v Wheatley [2023] VSC 269 (appeal) (led by Claire Harris KC) - sexual harassment and sex discrimination - application for strike out of claims on the basis of delay (currently on appeal).
• Australian Municipal, Administrative, Clerical and Services Union (ASU) v Commissioner of Taxation [2022] FCA 1225 (led by Paul O’Grady KC with Madeleine Salinger) – alleged breaches of the enterprise agreement, adverse action and misrepresentations in the context of Tax Office’s COVID-19 work from home policy.
• Brunec v Department of Justice and Community Safety[2022] FWCFB 137 (appeal - unled), [2022] FWC 1262 (first instance - unled) – unfair dismissal – unable to perform inherent requirements of position due to vaccination status.
• Citta Hobart Pty Ltd v Cawthorn[2022] HCA 16 (led by R Merkel KC with S Beckett and C Tran); Cawthorn v Citta Hobart & Anor [2020] TASFC 15 (led by R Merkel KC with S Beckett) – disability discrimination and constitutional law – access to facilities – questions on the exercise of federal jurisdiction by a State Tribunal and s 109 inconsistency between State and Commonwealth anti-discrimination law.
• Van Niekerk v State of Victoria (Victoria Police) (Human Rights) [2022] VCAT 1267 (unled) - discrimination - summary dismissal - question of whether Victoria Police were providing a "service" to the complainant when performing police functions, including policing a protest.
• Infosys Technologies Ltd v State of Victoria[2021] VSCA 219 (led by Paul O'Grady KC) – statutory construction of the Long Service Leave Act 2018 (Vic) and s 48(b) of the Interpretation of Legislation Act 1984 (Vic).
• Wright v Chief Commissioner of Police[2020] FCA 21 (interlocutory, substantive matter resolved) (led by C Harris KC) – disability discrimination in respect of accommodation of an assistance animal.
• Heenan v Jetstar Australia & Anor (2020, VID368/ 2020, resolved) (led by J Firkin KC with J Lucas) – on behalf of the applicant – disability discrimination – access to facilities and services.
• Coleiro v IBM Australia Ltd (2020, SCCIV-11-1136) – before the Supreme Court of South Australia – contracts – interpretation of contract of employment (led by J Firkin KC).
• Milam v University of Melbourne[2019] FCA 171 (interlocutory, substantive matter resolved) – employment law – injunction to prevent continuation of workplace investigation (led by P O’Grady KC).
• Varasdi v State of Victoria[2018] FCA 1655 (interlocutory strike out); Varasdi as Litigation Representative for Mimi Varasdi v State of Victoria (No 2)[2019] FCA 1929 (costs) (substantive matter ongoing) (led by C Harris KC) – claim for disability discrimination in education.
• Ferris v State of Victoria[2018] VSCA 240 (with S Fitzgerald) – Court of Appeal of the Supreme Court of Victoria – disability discrimination in employment.
• Snell v State of Victoria(2019) (with E Bennett SC) – Federal Court of Australia – claim for disability discrimination in education.

Laura has a significant advice practice. Since coming to the bar she has provided advice in relation to various issues, including statutory interpretation, administrative law, constitutional law, the Victorian Charter of Rights and Responsibilities, discrimination law (including advice pertaining to sex, disability, race, religion and sexual orientation and gender identity discrimination), native title, privacy and freedom of information, both unled and as a junior to various Senior Counsel including, Kristen Walker KC (now Walker JA); Rowena Orr KC, Victorian Solicitor-General; Peter Hanks KC; Alan Myers KC; Sturt Glacken KC; Justin Bourke KC; Peter Gray KC; Peter Willis SC; Claire Harris KC; Jenny Firkin KC and Alistair Pound SC.