Erin Gardner

Profile

Erin is a civil/administrative Barrister with over 25 years’ experience. Her expertise in relation to inquisitorial work includes conducting investigations for regulators and acting as an investigator into allegations of sexual and other misconduct. She has appeared at royal commissions, boards of inquiry and over 100 coronial inquests. Her work in the health and medical area spans disciplinary hearings concerning health professionals, coronial inquests and negligence litigation in the County and Supreme Courts. 

Erin has a diverse client base which includes regulators, insurers, government departments, corporations and individuals.

Administrative and Regulatory Law

Erin acts in disciplinary proceedings on behalf of regulatory bodies and respondents. She appears before various boards and tribunals, and in the Review and Regulation List at VCAT. She is experienced in matters under the Health Practitioner Regulation National Law, including immediate action hearings.

She has appeared before health practitioner boards, the Veterinary Board, the Institute of Teaching and University Boards.

Erin has experience in 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 ASIC and entities subject to 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. She has been appointed by educational and religious institutions to act as an independent investigator into allegations of reportable conduct.

She has appeared at Royal Commissions on behalf of individuals and Government agencies. 

Erin regularly acts for government departments, medical institutions, corporations and professional persons in the coronial jurisdiction. Examples of inquests she has appeared at have involved product liability, emergency service responses, the NDIS, child protection, medical error, mental health, infanticide and filicide and deaths in institutional settings (including aged care, homes for disabled persons, mental health environments and prisons). 

She appeared for Child Protection at the Inquest into the Death of Luke Batty. She was briefed by The Department of Justice at the Inquest into the Bourke Street Deaths. Erin has also acted in a number of cluster inquests including matters concerning filicide/child protection, suicide amongst transgender and gender diverse persons and falls in aged care homes. She is accomplished in handling complex coronial cases and is often briefed with more junior counsel in such matters.

Tort Law, Professional Negligence

Erin accepts briefs for plaintiffs and defendants. Her work includes institutional abuse matters and police torts.

Other

Erin currently serves on the Victorian Bar's Practice Development Committee. She has been a mentor to many Bar Readers and law students.