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Erica Elliott

Senior Associate
+61.2.9513.2346
Fax +61.2.9513.2399

Ms. Elliott's practice focuses on workplace health and safety, including the provision of training, pre-emptive compliance advice and incident response strategies and implications.

She also has significant experience in commercial litigation, gained firstly from having worked as a Supreme Court Judge's Associate and then on litigious matters for a number of major, international clients.

Ms. Elliott has appeared in the General Equity Division and the Administrative Law, Commercial and Construction and Technology lists in the Supreme Court of New South Wales and has experience in the following Australian courts: Court of Appeal, Court of Criminal Appeal, Defamation List, Victorian Local Court and Federal Court.

Ms. Elliott also has extensive experience in legal issues of special importance to the Australian Government and those dealing with them, such as NSW Government procurement, privacy, freedom of information and administrative law.

She has partially completed a PhD in the area of trust law, ontology and metaphysics.

Professional Background

Ms. Elliott worked for the WorkCover Authority of New South Wales where she was a Senior Legal Officer in the Legal Group.

Prior to that, she worked at the New South Wales State Government's Independent Transport Safety and Reliability Regulator and for three years at a top tier global commercial law firm.

Prior to that, she was the Associate to the Honourable Justice PA Bergin of the Supreme Court of New South Wales, who administered the Equity Division (including the Commercial and Technology and Construction Lists) and has since become the first ever female Chief Judge in Equity.

Achievements

  • Winner of the Sybil Morrison Prize for Jurisprudence
  • Member of the Golden Key International Honour Society
  • Winner of the Julius Stone Prize

Professional/Civic Activities

  • Law Society of New South Wales member
  • Sydney University Law Review invitational editor

Speaking Engagements

Ms. Elliott has presented extensively to industry professionals (including "train-the-trainer") seminars, to inhouse safety groups in major companies and to a broad range of industry and community stakeholders on key regulatory reforms in all aspects of safety related legislation.
  • Prosecuting matters for the WorkCover Authority of New South Wales and the Independent Transport Safety and Reliability Regulator.
  • Conducting test case litigation in the Administrative Law List and Common Law Divisions of the Supreme Court of New South Wales and under newly introduced rail safety laws.
  • Conducting matters in the Coroner's Court of New South Wales, Administrative Decisions Tribunal, Local Court of New South Wales and the Victorian Magistrate's Court.
  • Recommending whether to participate in class action proceedings in California and the Federal Court of Australia.
  • Drafting successful submissions to have charges discontinued.
  • Training and advising NSW Government safety inspectors on their powers and obligations under the Rail Safety Act 2008, Rail Safety Regulations, the Occupational Health and Safety Act 2000, the Occupational Health and Safety Regulation 2000, the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.
  • Advising on the content and implications of safety-related contractual clauses.
  • Having conduct of the passage of rail safety legislation, especially the regulations made under the 2008 Act.
  • Appearing for the prosecution in the Industrial Court and for defendants in the District Court.
  • Advising on, and conducting litigation related to, dust diseases.
  • Advising on the new and superseded workers compensation schemes in New South Wales.
  • Drafting interpretative materials for stakeholders on the policy behind, and nature of, harmonised safety legislation.