Profile
Year of Call:
2016Overview
Rachel practices in commercial, administrative and public law, and regulatory law.
Her commercial dispute resolution practice has a particular focus on media and defamation law, intellectual property and building and construction. Her specialist expertise in defamation is recognised by Australian Financial Review Best Lawyers® who list Rachel as a leading Australian junior counsel in Defamation and Media Law. Rachel regularly advises clients from pre-publication and pre-litigation through to litigation and represents plaintiffs and defendants at trials, hearings and appeals.
Rachel also has an extensive administrative law practice, acting for both individuals and public bodies, predominantly in judicial and merits review, encompassing health, local government and regulatory law, and public law cases affecting the building regulator and government.
Her expertise extends to professional discipline cases, most notably in the healthcare field where she represents health practitioners, AHPRA and various boards in disciplinary referrals, appeals, judicial review, and immediate action decisions. She has experience representing health practitioners in Professional Services Review matters and judicial review of decisions under the Health Insurance Act 1973.
Rachel is a versatile advocate, appearing regularly in State and Federal Courts and tribunals, both as sole counsel and led by senior counsel, at trials and hearings in civil, review, and appeal jurisdictions.
Rachel also acts as Mediator in commercial and private disputes.
Before being called to the bar, Rachel worked as a solicitor for six years in private practice advising and representing clients in litigation and dispute resolution and administrative law.
Experience
Since being called to the bar in 2016, Rachel has acted for clients in a wide variety of matters including:
Media & Defamation
> appearing for broadcaster Alan Jones in a high-profile seven-week defamation trial (led by R Anderson KC);
> opposing an appeal to the Court of Appeal of a decision to dismiss an application for summary judgment concerning whether a registrant of a domain is a publisher (led by R Anderson KC);
> advising and appearing in an application seeking an extension of the limitation period for the purpose of commencing an action in defamation;
> appearing in a hearing to determine the serious harm element under the Defamation Act 2005;
> appearing with senior counsel opposing an application to dispense with a jury;
> advising and representing a plaintiff whose picture was wrongly used in news stories reporting a hit-and-run resulting in death;
> advising and representing a wide range of corporate and private clients in both pursuing and defending defamation and injurious falsehood processdings;
> advising and appearing in an application for preliminary disclosure prior to the commencement of proceedings.
Public & Administrative Law
> appearing (led by J Burnside AO KC) for a doctor in a three-day hearing in the Federal Court, seeking judicial
review of decisions made in the Professional Services Review (PSR) scheme;
> advising and representing doctors and other health practitioners under review by the Director of PSR;
> representing medical practitioners, health practitioners and specialists in PSR Committee hearings;
> representing the Medical Board of Australia, Nursing and Midwifery Board of Australia, Paramedicine Board of Australia, Pharmacy Board of Australia, AHPRA and OHO in referrals to the Tribunal and appeals of immediate action decisions;
> acting for doctors, specialists and other health practitioners in referrals and appeals of decisions by the various health practitioner boards, OHO and AHPRA;
> advising and appearing for a film production company in relation to a challenge to local laws regarding filming
> advising and appearing on behalf of the Queensland building regulator in applications, hearings and trials (both led and as sole counsel) in the Supreme, District and Magistrates Courts, QCAT and its Appeal Tribunal in licensing matters, merits reviews, judicial reviews and appeals;
> appearing for the Queensland building regulator in appeals, trials and applications for summary Judgment in proceedings relating to the statutory home warranty scheme;
> advising a medical professional indemnity insurer and medical practitioner in relation to professional obligations under the Health Insurance Act 1973.
Building Construction
> acting for construction companies (as sole counsel and with senior counsel) in proceedings for breach of contract, negligence, restitution and misleading and deceptive conduct;
> appearing for construction companies opposing applications to set aside adjudicators’ decisions made under the Building Industry Fairness (Security of Payment) Act 2017;
> appearing (led by P Dunning KC) in an appeal of a decision to set aside an Adjudicator’s decision;
> representing a building certifier in proceedings for breach of contract and misleading and deceptive conduct;
> representing a builder in proceedings for negligence and misleading and deceptive conduct;
> acting for trade suppliers, construction and engineering companies in contract and debt recovery proceedings;
> advising and representing construction companies in adjudication applications under the BIF Act (previously BCIPA) and expert determinations;
> acting for homeowners and builders in private building disputes in QCAT.
Commercial & Other
> acting for the opponent in proceedings under subsection 92(4)(b) of the Trade Marks Act 1995 where a finance company sought the removal of a registered trade mark on the basis of non-use;
> representing homeowners in a trial defending a claim for breach of copyright;
> representing a building company in a proceeding for breach of copyright;
> acting for private individuals in actions for trespass and nuisance;
> representing an energy company responding to proceedings concerning a compensation agreement for land compulsorily acquired under the Acquisition of Land Act 1967 (Qld);
> advising and representing an individual in relation to a claim for conspiracy and breach of fiduciary duties;
> acting for a trade supplier as one of eighteen respondents in Federal Court proceedings brought by Liquidators of a building company;
> advising Liquidators in relation to distribution of trust assets and applications for freezing orders;
> appearing for owners of commercial premises in an application to remove and replace an Administrator of the body corporate;
> advising and appearing on behalf of commercial property owners and business owners in relation to retail tenancy disputes in QCAT.
Mediation & ADR
> representing companies, regulatory bodies and individuals in alternative dispute resolution processes including compulsory conferences, settlement conferences and mediations;
> acting as Mediator in intellectual property, media and defamation and contract related matters.
Recommendations
Australian Financial Review Best Lawyers®
2022-27 – Defamation and Media Law
Doyle’s Guide to the Legal Profession
2024 – Leading Construction & Infrastructure Junior Counsel (QLD)
2023 – Leading Construction & Infrastructure Junior Counsel (QLD)
2021 – Leading Administrative & Public Law Junior Counsel (Australia)
Member
Bar Association of Queensland
LawRight
Education
Bachelor of Laws (QUT)
Graduate Diploma of Legal Practice (QUT)