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Emily Roberts

Emily Roberts was admitted as a solicitor in September 2009. She practices primarily in construction law, administrative reviews, commercial litigation and dispute resolution. Emily has experience in a wide range of disputes in all State Courts, Federal Courts and the Queensland Civil and Administrative Tribunal (QCAT) including:

• Residential and commercial building disputes;
• Litigation and dispute resolution;
• Debt recovery;
• Insolvency; and
• Administrative Review.

In conducting all her client’s matters, Emily is proactive and energetic. She recognises that client’s circumstances are unique, and is committed to finding a resolution best suited to each, giving full and frank advice where necessary.

LITIGATION

Emily appears as advocate in various applications for interim and final orders, both opposed and uncontested. Her clients include building companies, trade suppliers, government agencies, individuals and corporations in matters ranging from debt recovery in the Magistrates Court to commercial litigation in the District Court.

INSOLVENCY

Emily has acted for individuals and companies in conducting winding up and bankruptcy proceedings.

ADMINISTRATIVE REVIEWS IN QCAT

Emily has acted for the QBCC (formerly the Building Services Authority) in QCAT both as an in-house solicitor and now with RLLL for the QBCC regarding decisions as to:

• Excluded Individual and Permitted Individual Reviews;
• Defective building work; and
• Claims pursuant to the Statutory Home Warranty Scheme.

Emily has conducted administrative review matters in QCAT and has appeared against Counsel, solicitors and self-represented parties. She has conducted a large number of administrative reviews from beginning to their conclusion and has been instrumental in the successful resolution at trials and compulsory conferences.

Examples of reported decisions in administrative reviews are:

1. Decisions regarding adequacy of building work

Citation

Name of Parties

Type of Matter

Link

[2011] QCAT 346

Mackay v QBCC

Decision to not issue a direction to rectify

http://archive.sclqld.org.au/qjudgment/2011/QCAT11-346.pdf

[2012] QCAT 642

O’Brien v QBCC

Decision to not issue a direction to rectify

http://archive.sclqld.org.au/qjudgment/2012/QCAT12-642.pdf

[2014] QCAT 481

Gemini Homes (Qld) Pty Ltd v QBCC

Decision to issue a direction to rectify

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-481.pdf

[2015] QCAT 449

Dunmoor Pty Ltd ats Tiny Turtle Trust Fund v QBCC and Mainz Developments Pty ltd

Decision to not issue a direction to rectify

http://archive.sclqld.org.au/qjudgment/2015/QCAT15-449.pdf

 

2. Decisions regarding the Insurance Scheme

Citation

Name of Parties

Type of Matter

Link

[2013] QCAT 623

Auret v QBCC and Deck Design and Build Constructions Pty Ltd

Decision to decline Insurance

http://archive.sclqld.org.au/qjudgment/2013/QCAT13-623.pdf

 

3. Decisions regarding the conduct of a certifier

Citation

Name of Parties

Type of Matter

Link

[2015] QCAT 177

Gary John Holley t/as Applied Building Approvals

Decision that certifier had undertaken unsatisfactory misconduct

http://archive.sclqld.org.au/qjudgment/2015/QCAT15-177.pdf

 

4. Excluded Individual and Permitted Individual Reviews

Emily has controlled many files for the QBCC pursuant to section 56AF and 56AD of the Queensland Building and Construction Commission Act.


5. Decisions regarding the reopening of a review application

Citation

Name of Parties

Type of Matter

Link

[2014] QCAT 594

Van Dorssen & Houlihan v QBCC

Application to re-open

Decision to not issue a direction to rectify

http://archive.sclqld.org.au/qjudgment/2014/QCAT14-594.pdf

Homeowner’s Application to re-open dismissed

 

6. Decision regarding Dismissal of Application

Citation

Name of Parties

Type of Matter

Link

[2011] QCAT 298

Last Laugh Pty Ltd v QBCC

Decision to issue a direction to rectify

http://archive.sclqld.org.au/qjudgment/2011/QCAT11-298.pdf