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Emily Baggett

Partner

Sydney

Emily co-leads Mills Oakley’s Public Law Team. Her principal areas of practice are administrative and public law, statutory compensation law and litigation for Commonwealth and State Government entities.

She is particularly experienced in providing advice and litigating matters for a broad range of Commonwealth agencies across all aspects of administrative decision making.

Emily has appeared regularly as an advocate in merits review , judicial review hearings and appeals. She is consistently involved in various alternative dispute resolution processes in these courts and tribunals.

Overall, Emily has dedicated almost 20 years to Public Law practice, demonstrating exceptional litigation skills, and managing high-volume litigation, including merits review and judicial review proceedings for government clients at both the State/Territory and Commonwealth levels.

Emily’s strength lies in combining her strategic insight, where she is particularly skilled in anticipating and managing scheme-wide impacts of decisions and events, with a warm and approachable style. Emily prides herself on being a trusted advisor, where clients can discuss issues and concerns with her and receive support and advice which is both strong technically as well as sensitive to broader implications.

Emily was recognised by Australasian Lawyer, Leading Female Lawyers in Australia, Elite Women List 2024.

  • +61 2 8289 5875

Memberships, Accreditation and Activities

  • Macquarie University, Bachelor of Commerce and Bachelor of Laws, 2006
  • Solicitor of the Supreme Court of NSW, 2007
  • Solicitor of the High Court of Australia, 2007.

 

Expertise

Emily’s expertise includes:

  • Acting in merits review, judicial review and appellate proceedings—including before the Administrative Review Tribunal, Federal Court of Australia and High Court of Australia
  • Advising on, drafting and engaging in quality control of administrative decisions and Ministerial submissions
  • Acting in freedom of information (FOI) and other information release claims
  • Acting in Royal Commissions, inquiries, regulatory investigations and audits
  • Acting in various types of alternative dispute resolution (ADR)
  • Acting in commercial, liability and debt recovery proceedings
  • Acting in Commonwealth workers’ compensation and veterans’ entitlement matters
  • Advising on statutory interpretation and compliance
  • Conducting reviews of the governance, regulatory frameworks and decision-making frameworks of government agencies
  • Managing high volume and high profile litigation in courts and tribunals
  • Advanced practice management, including developing structures for accurate and efficient matter reporting, invoicing, precedent management and standing instruction compliance
  • Providing training and CPD sessions regarding topical issues.

Recent Matters

  • Donohue and National Disability Insurance Agency [2023] AATA 3071 – case involving specific assistive technology, which may have significant precedential value.
  • Guganovic and Military Rehabilitation and Compensation Commission (Veterans’ entitlements) [2019] AATA 4309 – a high profile case regarding statutory interpretation of legislation in relation to the entitlement to recover compensation for non-economic loss after the death of a claimant. Emily appeared as advocate and the decision has been reported at (2019) 169 ALD 365.
  • Noronha and Comcare [2021] AATA 1435 and [2022] AATA 478 – two decisions regarding the same applicant which involved her testing Comcare’s powers to direct claimants as to certain actions, as well as the Tribunal’s objective to provide a review mechanism that is ‘fair, just, economical, informal and quick’.

Memberships, Accreditation & Activities

  • Macquarie University, Bachelor of Commerce and Bachelor of Laws, 2006
  • Solicitor of the Supreme Court of NSW, 2007
  • Solicitor of the High Court of Australia, 2007.