Emily Archer

Profile

Emily is a common law barrister practising predominantly in personal injury litigation, with particular expertise in asbestos, dust and occupational disease litigation, serious injury and workers’ compensation claims, public liability, and product liability. She also has experience in insurance law and has acted for both plaintiffs and defendants.

Emily has practised in personal injury and insurance litigation since 2012. Prior to coming to the Bar, she was Legal Counsel and previously held the role of Practice Leader of Slater & Gordon’s Victorian Asbestos, Dust & Occupational Diseases Team, where she represented plaintiffs in complex claims arising from exposure to asbestos, silica and other hazardous substances. She has also acted for defendants in public liability, workers’ compensation, asbestos and dust disease, and product liability claims.

Her experience acting for both plaintiffs and defendants gives her a balanced perspective on liability, and the ability to anticipate the evidentiary, strategic and commercial issues likely to arise in contested litigation. Emily brings a rigorous, practical and considered approach to complex litigation, with a focus on identifying the issues that will determine the outcome and developing a clear and effective litigation strategy.

She is committed to providing clear, accessible advice and effective advocacy. Whether acting in a complex dust disease claim, a serious injury or workers’ compensation matter, or a public liability dispute, Emily focuses on working towards a timely and appropriate resolution for her clients. 

Asbestos, Dust, and Occupational Disease

Emily has particular expertise in asbestos, dust, and occupational disease litigation (including silicosis and occupational cancer claims).

Her experience includes claims involving serious and fatal occupational diseases and the complex factual, medical and evidentiary issues associated with historical exposure. She has a detailed understanding of the challenges involved in establishing exposure, identifying responsible parties, addressing causation and assessing the long-term consequences of occupational disease.

Emily’s experience extends across the preparation and conduct of complex claims, including factual investigation, consideration of medical and expert evidence, interlocutory proceedings, negotiation, settlement, and litigation. Working within a specialist plaintiff dust disease practice has given her a strong understanding of the particular sensitivities and complexities involved in claims brought by people suffering from serious occupational disease and by their families.

Her experience acting for both plaintiffs and defendants provides her with a valuable appreciation of the issues and strategies likely to arise on both sides of occupational disease litigation, including questions of exposure, breach, causation, contribution, contributory negligence and the assessment of damages.

Emily has been recognised by Doyle’s Guide as a Recommended Asbestos & Dust Diseases Compensation Lawyer (Plaintiff) in Victoria in 2024, 2025 and 2026.

Common Law, Serious Injury, and Workers’ Compensation

Emily also practises in serious injury and common law claims arising from workplace and other accidents. She acts in matters involving significant and permanent injuries, with a particular focus on the medical, vocational, financial and broader consequences of serious injury for individuals and their families.

Her experience includes advising on the prospects of common law claims, preparing and assessing evidence, and addressing liability, causation issues, serious injury applications, the assessment of damages, preparing common law claims, interlocutory issues, negotiations and settlement, and litigation. She is familiar with the strategic and evidentiary considerations that arise in complex personal injury litigation, including disputes concerning the nature and extent of injury, pre-existing conditions, impairment, future treatment and care, and loss of earning capacity.

She also has experience in statutory workers’ compensation claims and dependency claims arising from fatal injury.

Public Liability, Product Liability, and Other Torts

Emily practises in public liability, product liability, and other tortious claims, including claims arising from accidents in workplaces and public places and disputes concerning the liability of occupiers, employers, manufacturers and other responsible entities.

She has experience acting for defendants in public and product liability litigation, as well as acting for plaintiffs in complex personal injury claims. Her experience includes analysing factual and expert evidence, advising on liability and contributory negligence, and developing litigation strategies proportionate to the complexity and value of the dispute.

Her product liability experience includes both Australian and international matters involving manufacturers, distributors and other entities in the supply chain, as well as product safety and regulatory issues.

Insurance Law

Emily has experience in insurance law arising in the context of personal injury and liability disputes. She has advised on insurance policies and coverage disputes and has acted in matters involving insurers and insureds in connection with underlying liability claims.

This complements her broader tort practice and her experience in both plaintiff and defendant litigation enables her to navigate insurance and indemnity issues alongside the underlying liability and damages issues arising in a dispute.

Emily is reading with Conor O'Sullivan and her senior mentor is Michael Clarke KC.

Professional Standards Scheme

Liability limited by a scheme approved under Professional Standards legislation.