Erin is a civil and administrative barrister with over 19 years’ experience at the Victorian Bar.
Her practice encompasses advocacy, advisory opinions and pleadings.
She has particular expertise in relation to health and medical law. Her work in this area spans disciplinary hearings concerning health professionals, coronial inquests and medical negligence litigation in the County and Supreme Courts.
Erin enjoys a diverse client base which ranges from individuals to large government departments and instrumentalities.
Administrative and Regulatory Law
Erin regularly acts in disciplinary proceedings on behalf of regulatory bodies and respondents. She appears before disciplinary boards and tribunals of all types and in the Review and Regulation List at the Victorian Civil and Administrative Tribunal. She is experienced in matters under the Health Practitioner Regulation National Law, including immediate action hearings.
Erin has appeared before health practitioner boards, the Veterinary Board, the Institute of Teaching and various University Boards.
Erin has experience in both merits review and judicial review.
Investigations, Inquiries and Coronial Inquests
Erin has significant expertise in relation to investigations, inquiries and coronial inquests. She has conducted investigations on behalf of regulators including the Australian Securities and Investments Commission.
She has a particular interest in the Victorian Reportable Conduct Scheme, which requires organisations with responsibility for children to report allegations of abuse or misconduct to the Commission for Children and Young People. Erin has been appointed by an educational institution to act as an independent investigator into allegations of such reportable conduct.
She has appeared at Royal Commissions on behalf of individuals and also Government agencies. Most recently she appeared at the Royal Commission into Institutional Responses to Child Sexual Abuse.
Erin regularly appears at coronial inquests for government departments, medical institutions, private corporations, professional persons and families of deceased persons. Inquests she has appeared in have focussed on product liability, emergency service responses, deaths in care and custody, child protection, medical error, mental health, infanticide and filicide.
She appeared for the Department of Health and Human Services (Child Protection Division) at the Inquest into the Death of Luke Batty. She holds a brief for a government agency in the forthcoming Inquest into the Bourke Street Deaths.
Tort Law, Professional Negligence
Erin accepts briefs for plaintiffs and defendants in tort actions. She has a strong interest in professional negligence claims, including medical negligence.
Her experience also extends to advising in relation to intentional torts and claims for breach of statutory duty.
Erin has been engaged by organisations and individuals to advise and appear in proceedings which allege physical and/or sexual abuse in institutional settings.
Prior to joining the Bar Erin was a senior associate at Russell Kennedy Solicitors where she practised in commercial litigation, coronial inquiries and dispute resolution.
Current Memberships and Positions
Erin is a member of the Australian and New Zealand Association for Psychologists, Psychiatrists and Lawyers. She has served as a member of various Victorian Bar standing committees and is currently a member of the Continuing Professional Development Committee.
To get in touch with Erin Gardner | or for more information please contact the Clerk on: +61 3 9225 7222 or firstname.lastname@example.org