Emily Pendlebury

Special Counsel

Emily operates with her commercial sensibilities at the forefront of mind. She takes the time to understand her client’s business and its goals to ensure her advice is tailored, pragmatic and commercial. Emily aims to take the stress of managing litigation away from her clients so they can focus on their day-to-day business.

She has a particular interest in Corporations Act matters, insolvency and regulatory disputes and regularly advises clients of Hamilton Locke’s corporate team and of Source Legal.

Emily’s experience includes large scale litigation and class actions, advising and acting for insolvency practitioners, Corporations Act matters including schemes of arrangement, directors duties, consumer law, financial services, probate, property disputes and general contractual disputes across a range of courts and tribunals. Emily also advises on corporate governance and risk management matters, particularly for financial services organisations.

Prior to joining Hamilton Locke, Emily worked as a lawyer in the disputes team at HopgoodGanim Lawyers and Norton Rose Fulbright including a secondment to the financial services legal team at AMP.

AREAS OF EXPERTISE

Commercial Dispute Resolution; Insolvency; Contract Law; Trust Law; Equitable Remedies; Financial Services and Funds Management

QUALIFICATIONS

Bachelor of Laws, Bachelor of Economics – University of Western Australia
Graduate Diploma in Legal Practice – College of Law
ARITA – Advanced Certification
Admitted to practice in Western Australia, New South Wales and the High Court

SELECTED REPRESENTATIONS

Represented administrators in the first COVID-19 related proceedings seeking relief from personal liability of voluntary administrators under the Corporations Act for debts incurred during the administration.
Represented applicant in Federal Court proceedings commenced pursuant to the Plant Breeders’ Rights Act 1994.
Represented multiple plaintiff shareholders seeking relief from oppression under the Corporations Act in Federal Court proceedings.
Represented target company in scheme of arrangement resulting in acquiring entity with market capitalisation of approximately $10 billion.
Represented applicant in High Court of Australia proceedings challenging the constitutional validity of Melbourne’s COVID-19 ‘lock-down’ laws under the High Court’s original jurisdiction.
Represented plaintiff in misleading or deceptive conduct claim against state government agency arising from a large-scale infrastructure Public Private Partnership.
Represented applicant in Supreme Court proceedings challenging grant of probate on the basis of unconscionable conduct and undue influence.
Represented plaintiff in misleading or deceptive conduct claim against vendor of business, including obtaining ex parte freezing orders and departure prohibition orders.