Emrys Nekvapil SC
Contact
Areas of Practice
- Aged Care
- Commercial
- Confidential Information
- Constitutional Law
- Consumer Credit
- Discrimination/Equal Opportunity
- Equity & Trusts
- FOI/Privacy
- Human Rights
- Judicial Review
- Merits Review
- Migration
- Mining and Resources
- Public International Law
- Public Law
- Regulatory
- Royal Commissions/Government Inquiries
Qualifications
- BA/LLB (Melbourne)
- Master of Laws (Government and Commercial) (ANU)
Professional History
Emrys lives in Melbourne, but regularly appears and gives advice in Queensland.
Before coming to the bar in 2009, Emrys worked for Emilios Kyrou (now Justice Kyrou) as a solicitor in the litigation group at King & Wood Mallesons (then Mallesons Stephen Jaques).
Expertise
Emrys has a broad trial and appellate practice in all areas of public law, commercial law and corporate regulation.
He has regularly appeared in:
- The High Court
- Intermediate appellate courts
- The Federal Court
- State and Territory Supreme Courts
- Land Courts
- Tribunals
See all matters, listed in reverse chronological order here.
Emrys advises on, and appears in, class actions, regulatory proceedings, general civil litigation (including about the Australian Consumer Law, negligence, other torts, trusts, fiduciary duties and breach of confidence), and public law matters in all forms and forums.
Notable Cases
In Queensland, Emrys’s cases to date have focused mainly on human rights and environmental law. For example:
- For Youth Empowered Towards Independence Inc in Youth Empowered Towards Independence Incorporated v Commissioner of Queensland Police Service [2023] QSC 174 (issue of writ of habeas corpus in respect of children detained in watchhouses, with orders for their release made on the return — with Kasey McAuliffe-Lake and Joshua Underwood)
- For Youth Verdict Ltd, in Waratah Coal Pty Ltd v Youth Verdict Ltd[2020] QLC 33 (Land Court must give proper consideration to human rights — with Kasey McAuliffe-Lake) and Waratah Coal Pty Ltd v Youth Verdict Ltd (No 6) [2022] QLC 21 (recommendation to refuse mining lease and environmental authority on basis of ecological, climate change, and human rights impacts — led by Saul Holt KC, with Kasey McAuliffe-Lake and Katharine Brown)
- For the Coast and Country Association of Queensland, in its special leave application: Coast and Country Association of Queensland Inc v Smith[2017] HCATrans 74 (led by Peter Hanks KC)
- For the Australian Conservation Foundation, in the Adani federal judicial review cases: Australian Conservation Foundation Incorporated v Minister for the Environment(2016) 251 FCR 308; Australian Conservation Foundation Incorporated v Minister for the Environment and Energy(2017) 251 FCR 359 (led by Saul Holt KC)
Emrys is available to accept briefs to advise or appear in Queensland in these or any of his other practice areas.
Publications
- Victorian Administrative Law looseleaf service (Thomson Reuters), General Editor
- Victorian Administrative Reports (Thomson Reuters), Editor
- Pizer’s Annotated VCAT Act(7th edn, 2022), Author
- “Using the Charter in Litigation” in Groves, Matthew; Campbell, Colin (eds), Australian Charters of Rights A Decade On (The Federation Press, 2017) 84