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Gemma Borrello

Special Counsel

,

Adelaide, Darwin

Gemma has extensive experience in large and complex commercial disputes. Acting as the instructing solicitor in Federal Court and State Supreme Court proceedings, Gemma has a broad practice area in general commercial litigation, building and construction disputes and class actions.

While always maintaining attention to detail, Gemma is well regarded for her pragmatic, solutions-focused approach to litigation.  Gemma works closely with clients to provide considered, timely advice and strives to develop strategies tailored to each client’s needs in navigating disputes.

  • +61 431 109 895
  • +61 8 8330 2979

Memberships, Accreditation and Activities

  • Bachelor of Arts (English), University of Adelaide – 2014
  • Bachelor of Laws, University of Adelaide – 2015
  • Graduate Diploma of Legal Practice, Law Society of South Australia – 2016
  • Barrister and Solicitor of the Supreme Court of South Australia – 2016
  • Australian Italian Leaders of Tomorrow (ALTO), SA Representative (2020-2025)
  • Women in Insolvency SA (Member)
  • Commercial Litigation & Insolvency Law Rising Stars – South Australia, 2024 – Doyle’s Guide

Expertise

  • General commercial disputes, including in contract, Corporations Act claims, directors’ duties, partnership disputes, trade practices, product and professional liability claims
  • Litigation risk advice and resolving claims at an early stage through the effective use of alternative dispute resolution strategies
  • Building and construction disputes, including security of payment claims
  • Corporate and personal insolvency
  • Agribusiness disputes
  • Class actions
  • Contested estate disputes, including family provision claims

Recent Matters

  • Acted for a large retail employer in defending two consolidated class actions in the Federal Court involving alleged underpayment claims and breaches of employee entitlements under a modern award, alleged to be in the order of $29 million. Successfully obtained the Federal Court’s approval to the settlement negotiated at mediation.
  • Acted for a supplier of farming equipment in successfully defending a class action and resolving the claims of group members in the Supreme Court of New South Wales arising from claims for misleading or deceptive conduct.
  • Acted for a company subject to a Deed of Company Arrangement and its directors in defending a claim commenced by an ASX-listed majority creditor company in the Federal Court for failing to pay a debt in the order of $12 million and breaches of directors’ duties (namely, misleading or deceptive conduct and breach of trust). Successfully obtained a judgment in absolving the directors of the breach of directors’ duty claims.
  • Acted for an operator of a retirement village in obtaining orders from the Supreme Court of South Australia to partially terminate a retirement village scheme to enable the development of a co-existing aged care facility.
  • Acted for four building contractors in defending proceedings commenced in the Federal Court by liquidators of a group of subcontractor companies to recover alleged debts and bank guarantees as part of the liquidation.
  • Acted for a developer of a retirement village in successfully opposing an appeal and bringing a cross-appeal in the Full Court of the Supreme Court of South Australia in a claim involving alleged building defects and rectification damages. The plaintiffs / appellants sought special leave to the High Court, which application was successfully opposed by the defendants / cross-appellants.

Memberships, Accreditation & Activities

  • Bachelor of Arts (English), University of Adelaide – 2014
  • Bachelor of Laws, University of Adelaide – 2015
  • Graduate Diploma of Legal Practice, Law Society of South Australia – 2016
  • Barrister and Solicitor of the Supreme Court of South Australia – 2016
  • Australian Italian Leaders of Tomorrow (ALTO), SA Representative (2020-2025)
  • Women in Insolvency SA (Member)
  • Commercial Litigation & Insolvency Law Rising Stars – South Australia, 2024 – Doyle’s Guide