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Emma L Bartley

Barrister

ebartley@chambers.net.au

Telephone: 02 8815 9306

Admitted as Barrister: 2020
Admitted as a Lawyer of the Supreme Court of NSW: 2019

Emma graduated with the University Medal from Western Sydney University with combined Bachelor of Laws (Hons I) and Bachelor of Social Science (Criminology and Criminal Justice). She went on to work as a Tipstaff and the Associate to the Hon Justice Stevenson in the Commercial List of the Equity Division of the Supreme Court of NSW.

Since being called to the Bar, Emma has established a broad practice, particularly in the following areas:

  • Professional Negligence
  • Medical Negligence
  • Commercial
  • Insurance
  • Probate and Family Provision
  • Intentional Torts
  • Crime
  • Appellate

Emma appears in all NSW Courts, from the Local Court to the Court of Appeal and she regularly appears in the various lists and divisions of the Supreme Court.

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Emma is also a Sessional Academic at her alma mater, Western Sydney University, and more recently has taught Contract Law at UNSW, a role in which she gets to pursue other passions—teaching and mentoring.

Outside her professional life, Emma is learning to speak Português, listens to podcasts, and paints socially at a pub with a Guinness in hand. She can also solve a rubik’s cube in under 3 minutes.

Cases

Saberi v Bakhshizadeh [2022] NSWCA 142 – appeal from District Court – security for costs – whether plaintiff “ordinarily resident outside of Australia” – proceedings dismissed after non-provision of security – r 42.21(1)(a) and (3) of UCPR – application for leave to appeal dismissed – no arguable prospects of success on appeal

Colin CM Moore Pty Ltd v Sivathasan [2022] NSWSC 532 – contract – construction implied terms – terms implied in fact – necessary to give business efficacy – licence defined by reference to listed patents – implied term that patents were, and would remain, current – termination – misleading or deceptive conduct 

Loureiro v Mac Aus Unit Pty Ltd (No 4) [2022] NSWSC 370 – Harman undertaking – implied undertaking – use of documents produced on subpoena for purposes of fresh proceedings – whether special circumstances warrant release from undertaking – where no objection by or prejudice to documents’ author – where some documents contain potentially sensitive information – where documents likely to achieve justice in fresh proceedings – where material could be obtained on subpoena in fresh proceedings

Loureiro v Mac Aus Unit Pty Ltd (No 3) [2022] NSWSC 358 – costs – whether usual rule that costs follow event applies – where plaintiffs had mixed success against multiple parties – where time spent on unsuccessful claims not significant – whether costs should be awarded on issues basis – where evidence applicable to several claims – where identical defences for two defendants – where unsuccessful claims occupied little time in evidence and argument

Loureiro v Mac Aus Unit Pty Ltd (No 2) [2022] NSWSC 226 – contract – construction and interpretation – identification of parties to the agreement – use of surrounding circumstances and post-contractual conduct to identify parties – whether the first and third defendants were borrowers under the loan agreements – limitation of actions – debt – extension of limitation period by confirmation – acknowledgement in declaration – whether confirmation made by second defendant as agent for first and third defendants

Nohra v Nando’s Quality Meats Pty Ltd [2021] NSWSC 1209 – appeal from Local Court – contract – construction – parties to a contract – where contract to supply meat to supermarket business – where contract wholly oral – where supermarket business traded under different names over several years – where invoices for supply of meat issued in trading names of the business – whether contract with director personally or company operating supermarket business

Loureiro v Mac Aus Unit Pty Ltd [2021] NSWSC 925 – funds in court – application for expedition of motion seeking payment out – no present entitlement to funds, paid into court as security for plaintiffs’ claims – where delays caused by plaintiffs’ failure to file evidence – where first defendant liable to suffer hardship if funds not released – expedite proceedings to bring forward competing claims

Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd [2021] NSWSC 24 – construction of contract – co-location of refinery plant – whether owner was entitled to leave plant behind on termination of contract – whether owner was obliged to remove plant on termination of contract – whether interference by operator with owner’s contractors would amount to conversion of plant – plant abandoned on land by owner after termination of contract – whether abandonment effective – whether damages an adequate remedy – mandatory injunction for removal

The Owners – Strata Plan No 94267 v DEC Engineering & Construction Pty Ltd & Anor [2020] NSWSC 1647 – security for costs – where developer and builder made cross claims against each other – where builder’s cross claim based on deed of indemnity – where developer’s cross claim sought to impugn that deed – where developer sought security for costs of builder’s cross claim – where security sought was in substance for costs of developer’s cross claim

Safarjalani v R [2020] NSWCCA 337 – appeal against conviction — murder by shooting — evidence that one of two men present at the scene shot the deceased — where Crown case put in the alternative that the applicant was either the shooter or in a joint criminal enterprise with the shooter — evidence in Crown case tending to exclude the applicant as the shooter — whether verdict unreasonable

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