Senior Associate
Emily Gibson
Emily primarily practices in the areas of professional indemnity and public liability across the Victorian, New South Wales and Federal jurisdictions. She is highly experienced managing litigation from commencement to conclusion.
Emily acts for self-insured companies and insurers of a variety of businesses across a range of industries including construction, health, transport & logistics and property. She is involved in both litigating and defending civil matters.
When it comes to professional indemnity claims, Emily defends business brokers, civil engineers, certifiers, construction managers (commercial and residential), contract cleaners, demolition and excavation contractors, psychologists, real estate agents, scaffolding contractors, among others. In the public liability arena Emily has spent a decade acting for shopping centres, retailers, cleaners and supermarkets.
She prides herself on a proactive approach to claims management, advocacy, realistic reserves and identifying opportunities for early commercial settlements. She always ensures all parties are informed at each stage of the claims journey so there are no surprises along the way. She is focused on executing successful strategies to achieve the best outcomes, and is adept at helping clients mitigate claims costs and duration by discretely advising on the management of operational risks.
Emily is passionate about evolving precedent and judicial interpretation. She is known for anticipating and making recommendations informed by relevant developments, as early as possible, to afford a client’s strategic agility.
A skilled advocate, Emily is no stranger to running matters to Hearing in the Victorian County and Supreme Courts, as well as the New South Wales District and Supreme Courts, including the Court of Appeal.
Emily holds a Bachelor of Laws (Hons) and a Bachelor of Social Science (Politics and International Relations) from the University of Newcastle. She was admitted to the Supreme Court of NSW in 2019.
Examples of Emily’s experience include:
- Acting for a property developer and construction manager to pursue rectification costs and delay costs from a surveyor, after the surveyor caused the site to be set out incorrectly. This resulted in excavation works being conducted in the wrong locations. Pursuit of case under negligence, consumer law and contract. Successfully established liability of the surveyor, obtaining evidence to support the claim. Successful settlement prior to trial costs being incurred.
- Defended a claim made against a hotel in relation to a height differential in an outdoor paver on the basis of obvious risk. Maintained defence up to and including the first day of Trial in the District Court of NSW, achieving settlement on the morning of the second day with a judgment in our client’s favour.
- Acting for a contract cleaner in defence of a vicarious liability claim made following an employee’s assault on a patron. Successfully established the negligent act was not sufficiently connected to the role, therefore vicarious liability would not be made out. Achieved settlement on a commercial basis, with the occupier co-defendant paying the majority of settlement.
- Defended a slip and fall matter in the County Court of Victoria to judgment, in circumstances where Emily’s investigations revealed credibility issues and the plaintiff was unwilling to accept a reasonable settlement. Strategic offers were made ahead of Trial. The plaintiff was ultimately awarded a damages sum less than the pre-Trial offer and was found to be an unreliable witness.
- Acting for Underwriters in claims for indemnity following bulk notifications in the construction space. Successfully resisting coverage by operation of section 40(3) of the Insurance Contracts Act 1984.
Why clients like her
Emily’s areas of expertise
Directors & Officers Liability
We act in claims arising from alleged mismanagement, breach of duty, or governance failures; ASIC, ACCC and other regulatory investigations; shareholder disputes…
Employment Practices Liability
For small to medium enterprises and private companies, we advise on claims involving unfair dismissal, bullying, harassment, discrimination.
Financial Lines
Our national Financial Lines team is highly respected by insurers, brokers, corporate clients, executives, and professionals. We act in matters involving financial…
General Liability
While public liability, product liability, and property damage represent major segments of the general liability landscape, many other claims fall into specialised,…
Health Law & Medical Malpractice
HBA's Health Law team collectively has decades of experience advising organisations within the health industry, across all principal lines of insurable risk.…
Professional Indemnity
When it comes to professional indemnity matters, our team has complete appreciation that these claims are almost always complex and sensitive. HBA…
