Emma Tobiano

Expertise

Emma has seven years post admission experience in administrative law, civil litigation and commercial litigation. Emma was the Associate to the Honourable Justice Thomas of the Federal Court of Australia, and a Senior Associate of the Administrative Review Tribunal (formerly the Administrative Appeals Tribunal) (ART) General Division. Following this, Emma was a Litigation Lawyer at the Australian Federal Police (AFP) for over two years, where she advised on and appeared in Qld State Courts in civil disputes commenced primarily pursuant to the Proceeds of Crime Act 2002 (Cth). Prior to commencing at Holding Redlich, Emma worked as a Senior Associate in commercial litigation.

Experience

Examples of Emma’s recent litigation experience includes acting for and advising in the following areas of experience: 

Commercial & Civil Litigation 

• parties involved in a contractual dispute with a mortgage broker in the Equity Division of the NSW Supreme Court
• parties involved in a dispute involving caveats and writs lodged by a mortgage broker in the Supreme Court of the ACT
• negotiating favourable forbearance agreement for clients with the big four banks
• parties involved in breach of contract dispute involving misleading and deceptive conduct claims under the ACL in the District Court of Queensland
• parties involved in defamation proceedings in the Victorian and Queensland Supreme Courts
• obtaining orders for restraint, forfeiture, examination pursuant to the Proceeds of Crime Act.

Corporate & Insolvency 

• parties involved in bringing a derivative action for breach of director duties under the Corporations Act
• parties involved in a claim for oppression under the Corporations Act in the NSW Supreme Court
• parties involved in making applications to wind up a company based on a company’s failure to comply with a statutory demand pursuant to the Corporations Act.