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Dr Felicity Gerry KC

  • Silk : 2014
  •   |  
  • Bar : 1994
  •   |  
  • Admitted : 2015

Felicity Gerry QC regularly appears in in the Supreme Court of Victoria and the Victorian Court of Appeal in contested hearings and conviction and sentence appeals. 

Phone : +61 3 9225 7222

Mobile : 0427 220 988

Email : fgerrykc@vicbar.com.au

Chambers : Greens List Barristers, Owen Dixon Chambers, 205 William Street, Melbourne VIC 3000

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Expertise

Appellate

Criminal Appeals

Criminal

Crimes Against the Person

Criminal Appellate

Drugs

Environmental and Planning Offences

Extradition

Fraud

Juvenile Justice

Mental Illness

Property Offences and Theft or Robbery or Burglary

Sexual Assault

Traffic

White Collar and Corporate Crime

Work Health and Safety

International

Private International Law

Public Administrative

Proceeds of Crime

Profile

Felicity Gerry KC (Call 1994: Silk 2014) 


  • Global Law Experts International Criminal Law Barrister 2023
  • Lawyers Weekly Australian Barrister of the Year 2020 
  • UK Solicitors Journal Legal Personality of the Year 2016


Felicity Gerry KC is admitted at the International Criminal Court (ICC) and the Kosovo Specialist Chambers (KSC) in The Hague, to the Bar of England & Wales and the Victorian Bar, Australia. She has also had ad hoc admission in Hong Kong and Gibraltar. Felicity is a dedicated and experienced advocate who leads for the defence in serious, complex, and sensitive trials and appeals at every level of court. She is known for her exceptional courtroom presence and has been described in Legal 500 as “a leader in her field”, “a fearless and effective advocate”, and “a true inspiration to junior lawyers” and in Chambers and Partners as "A wonderful fighter with an extraordinary intellect, she's very efficient and very good with clients.".


Felicity holds a PhD, a Master of Laws in International Governance (LLM Int Gov), a Bachelor of Laws (LLB), and a Graduate Certificate in University Teaching and Learning (GCUTL). She is a Professorial Fellow at Restorative Justice NGO RJ4All and an Honorary Professor in the School of Health and Society at the University of Salford and has a long history of teaching legal issues around contemporary international legal challenges’ – including Sanctions Law, War Crimes, Modern Slavery, Digital / Tech law, Terrorism, and Art Law. .


Felicity specialises in Homicide, Terrorism, Modern Slavery, Financial crime and War Crimes (ICL) and has had several career-defining cases:


  • Currently defending Mr Al Hassan at the International Criminal Court.
  • Led the memorandum on due diligence in investment listing on SGX for Justice for Myanmar which led to the $82m divestment of the Golden City scheme. 
  • Led the appeal in R v Jogee before the UK Supreme Court which corrected an error of law in complicity which was described by the BBC as a ‘genuine moment of legal history.’
  • Led the successful petition for mercy for Zak Grieve in NT, Australia and leads the posthumous petition for mercy for Christine Keeler in the UK.
  • Provided “key” input into the reprieve from execution for Mary Jane Veloso in Indonesia. 


Felicity has consulted for the UNODC and various NGOs. She has a long history of training professionals: this includes prosecutors in Rwanda on human trafficking, gender-based violence and corruption law as part of the Bridges to Justice Project; the Commonwealth Parliamentary Association Modern Slavery Project and the Bangladesh Judiciary Management Project. Her policy submissions have led to changes in the law on Modern Slavery, FGM and Reproductive Rights and supported approaches to Afghanistan post-withdrawal.


She currently leads a Victorian Legal Services Board funded research project on the experiences of trafficked women in criminal justice. She led a death penalty study for the Commission of Human Rights for the Philippines and a Human Trafficking report in 2023 for the International Bar Association and contributed to the 2022 Edge of Law Report in key legal challenges in the Asia-Pacific for the Bar Human Rights Committee and the American Bar Association Rule of Law Initiative.


Her Publications include to Lexis Advance, Bourke’s Criminal Law Victoria, (contributor) Chapters on Sex Work and Modern Slavery, Children, Animal Law and Compensation. 

Selected Cases

Supreme Court - Court of Appeal

R v Goodfellow [2022] VSCA – successful circumstantial evidence appeal

R v Kovacevic [2021] VSCA – financial offending – sentencing appeal

Brown v The Queen [2019] VSCA 286 – first sentence appeal under the Standard Sentencing regime

DPP v Za Lian & Another [2019] VSCA 75 – in company rape sentence appeal

R v Finn [2018] VSCA 228 – Conviction appeal on complicity issues and effect of prosecutor’s closing address

R v Honeysett v The Queen [2018] VSCA 214 – Sentence appeal on jurisprudence and application of Koori conversation

Henderson (a pseudonym) v The Queen [2017] VSCA 237 – interlocutory appeal on admissibility of tendency evidence

High Court

The Queen v Susan Deakin [2021] – Alleged Attempted Murder of a child resolved to plea to an endangerment offence and resulting in a non-conviction outcome

The Queen v Moukhaiber and others [2020] – terrorism - Appeal on issues of adding state offences to Commonwealth indictment

Minogue v Victoria [2019] HCA 31 murder - Application to intervene. Led on behalf of ICJV,

Van Beelen v The Queen [2017] HCA 48 – murder - interpretation of legislation and jurisdiction for second appeal

R v Spilios [2016]– murder - Application for special leave on challenge to law on extended common purpose

Supreme Court

The Queen v Moukhaiber and others [2019] – First completed terrorist act case in Australia (burning of Shia mosque)

The Queen v Galea [2019] – First ‘right wing’ terror trial in Australia

The Queen v Abbas and others [2018] – Conspiracy to prepare and plan offences (Christmas Day bomb plot). Client with some special needs

The Queen v Karl Hague [2017] – Cold case murder trial and appeal

Federal Court

In the matter of Victorian women and children in Syrian camps 2020 – pre-action advice

R v MC [2018] – Federal Court of Australia – Appeal in an application for pre action discovery in high value alleged money laundering

Memberships & Committees

Victorian Bar

To get in touch with Dr Felicity Gerry KC | or for more information please contact the Clerk on:

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Dr Felicity Gerry KC - Barrister