Felicity Gerry QC

  • Barrister - victorian bar
  • William Crockett Chambers, Level 7, 530 Lonsdale Street, Melbourne VIC 3000
  • SILK: 2014 | BAR ROLL: 1994 | ADMITTED: 2015
  • +61 3 9225 7222 | 0427 220 988
  • fgerryqc@vicbar.com.au
Felicity Gerry QC Barrister

Areas of Expertise

  • Appellate
    • Criminal Appeals
  • Criminal
    • Corporate/White Collar Crime
    • Terrorism and Organised Crime
    • Transnational Crime
    • Homicide
    • Sexual Offending
    • Human Trafficking / Modern Slavery
  • Environmental Law and Planning Law
    • Planning Offences
    • Biosecurity Regulations
  • International Law
  • Professional Disciplinary

1994, Admitted to the Bar of England and Wales
2014, Admitted to the Supreme Court of the Northern Territory
2014, Appointed Queen’s Counsel
2015, Admitted to the High Court Roll
2017, Signed the Victorian Bar Roll

Qualifications: 
QC, LLB (Hons), GCUTL, LLM (Int Gov)

Profile:

Felicity Gerry QC is admitted in England and Australia and has had ad hoc admission in Hong Kong and Gibraltar. She specializes in leading for the defence in serious and complex criminal cases, often with an international element. She recently led the defence teams in R v Abbas; an alleged conspiracy to prepare and plan for a terrorist act in Melbourne. She led the appeal in R v Jogee, the ground-breaking murder appeal in the UK Supreme Court which held that the form of accessorial liability known as ‘joint enterprise’ was an erroneous tangent of law. The BBC described the judgment as ‘a moment of genuine legal history’. She appeared in the Court of Final Appeal in Hong Kong (Chan Kam-shing 2016) and the High Court of Australia (Van Beelan 2017). She was Solicitors Journal Legal Personality of the Year for 2016 and has been described in the Legal 500 as “fearless and independent minded” and ‘she appears in complex appeal cases’ and ‘well respected for national and international appellate issues’ and in Chambers and Partners as ‘A vastly experienced advocate noted for her experience in serious sexual cases, homicides and frauds’. She is a member of International Bar Association (IBA) and the Commonwealth Lawyers Association (CLA). Felicity is appointed a Member of the Legal Practitioners Disciplinary Tribunal in the Northern Territory of Australia.

 

Felicity is also Professor of Legal Practice at Deakin University, an Adjunct Fellow at Charles Darwin University and Adjunct Fellow at the University of Western Sydney. She is also an affiliated Member of the Research group on Fundamental Rights and Constitutionalism at the Vrije Universiteit, Brussel. She has lectured on Terrorism, Cybercrime, Transnational Law, International Criminal Law, Science and Law, Criminology and Feminist Legal Theory and Sexual offending and has provided training in the Bangladesh Judiciary Management Project on Terrorism and Money Laundering.

 

Felicity’s publications focus on the fields of women & law, technology & law and reforming justice systems, particularly in the context of vulnerability and disability. This includes co-authoring The Sexual Offences Handbook (3rd Ed forthcoming), contributing to Human Trafficking and Modern Slavery Law and Practice (2018), Human Trafficking Emerging Legal Issues and Applications (2017) and the Fourth volume in the European Integration and Democracy Series, devoted to Trans-Atlantic Data Privacy Relations as a Challenge for Democracy (2017).

 

Felicity has provided training to various organisations including the Commonwealth Parliamentary Association as part of The Modern Slavery Project which is a two -year multilateral project providing practical advice and support to Commonwealth legislatures in the pursuit of combatting modern slavery. Her submissions and evidence on behalf of Civil Liberties Australia were accepted by Parliamentary Inquiry into establishing a Modern Slavery Act in Australia. She also led a four- year project on women in prison for Halsbury’s Law Exchange (part of the Lexis Nexis group) and leads a small Indigenous Justice Exoneration Project.

 

Internationally Felicity contributes to Annotated Leading Cases of International Criminal Tribunals (ALC) and contributed to the ICC Moot Court Manual for the IBA. She chaired the televised G20 Gender Equality forum at ANU in Canberra which prepared the report for the Sherpas to the G20 leaders. She has appeared in the BAFTA nominated FGM documentary The Cruel Cut, ABC Foreign Correspondent's documentary Saving Mary Jane , BBC 3 Series ‘Sex on the Edge’, Channel 5 Documentaries on the April Jones and Sarah Payne child murders and on all major news channels including ABC, BBC News, Sky News, Russia Today and Al Jazeera.

 

 

NOTABLE CASES

R v Abbas 2018– Leading for the defence in alleged preparation or planning for a terrorist act.

2018 Amicus Curiae Brief Radovan Karadžić ICTY Appeals Chamber on interpretation of JCEIII liability leading a group of counsel and academics (leave granted).

 

R v Hague 2018  – Leading for the defence in a cold case murder trial subject of the $1million cold case TV program. Issues include admissibility of out of court identification, abuse of process and fresh evidence (on appeal).

2018 Advising on Constitutional issues relating to decisions made under the Australian Biosecurity Act in relation to importation and infestation.

R v Johnson 2018 Leading in an application to the European Court of Human Rights for permission to appeal in ‘joint enterprise’ murder.

R v MC 2018 – Federal Court of Australia - Application for pre action discovery in high value alleged money laundering.

R v Finn 2018 Victoria Court of Appeal – Appeal against conviction on complicity issues and prosecutor’s speech.

R v Honeysett 2018 Victoria Court of Appeal – Appeal against sentence including jurisprudence on Korri conversation in sentencing.

R v Van Beelan 2017 Appeal to the High Court of Australia on the statutory definition of “substantial miscarriage of justice” and the admissibility of fresh evidence in an alleged ‘cold case’ murder.

R v Henderson 2017 Victoria Court of AppealAppeal in relation to tendency evidence.

R v P (Gibraltar) 2017 – Defence of sexual allegations involving advocacy relating to a 4 year old child.

 

R v Jogee [2016] UKSC 8 – Successful appeal to the UK Supreme Court (formerly the House of Lords) which sat for the first time, at the same time as the Judicial Committee of the Privy Council. Alleged joint enterprise murder. Correcting the law on foundational liability for secondary parties. Court of Appeal Report at R v Jogee [2013] EWCA Crim 1433.

Chan Kam-shing (Hong Kong) 2016 – Leading appeal in alleged common purpose murder to Court of Final Appeal following Jogee

 

In the matter of X (Monserrat) 2016 – Advising on statutory interpretation of s141 Penal Code.

 

Law Society NT  v W 2016 defence of allegation of unlawfully engaging in legal practice.

J v Minister for Lands and Planning NT  2016 - In the matter of Kulaluk community land, an appeal under the Heritage Act

V v Z 2016 – Application to Anti-discrimination Commission NT in relation to sexual harassment and termination of employment.

Australian Health Practitioner Regulation Agency (AHPRA) v H 2016 – Variation / removal of restrictive conditions on surgical practice.

M v AHPRA 2016 - Instructed to act for a psychologist in relation to a prohibition.

In the matter of Mary Jane Veloso (Philippines and Indonesia) 2015 – death row prisoner given a reprieve in Jakarta, Indonesia – assisting on legal issues relating to human trafficking law and referral mechanisms.

 

In the matter of L (EU) 2014 - Advising a Swiss Bank on a conflict between a £multi–million international restraint order and an international freezing injunction in civil litigation involving restraint of assets and international freezing orders arising from a long-running investigation for bribery, money laundering and abuse of office against a Latvian oligarch.

To get in touch with Felicity Gerry QC | or for more information please contact the Clerk on: +61 3 9225 7222 or clerkb@greenslist.com.au

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