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Emily Clarke

Senior Associate

Emily is a Senior Associate in the Perth Dispute Resolution team.

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Experience

Emily’s practice focuses on the resolution of large, complex disputes, with a focus on project dispute work and the oil and gas industry. She has advised and represented clients in major disputes for some of Australian’s biggest companies. Her experience includes large domestic litigation, complex construction and international arbitration matters, as well as regulatory investigations and class actions.

From March 2020 to January 2022, Emily was the Head of Disputes for Herbert Smith Freehills’ Australian Alternative Legal Services team (ALT). In that role, she was responsible for the strategic management of the ALT Disputes Practice in Australia, and focussed on developing innovative, flexible and cost-competitive solutions to help clients respond to challenges which arise over the life of a Disputes matter, from early claim assessment to document disclosure, ADR processes and hearing preparation.

Emily’s recent experience includes:

  • as the Head of Disputes of the Australian ALT Disputes practice, leading a team of over 60 Legal Analysts, Solicitors and Managers, and working closely with multiple clients to navigate complex document and data management issues, including developing and implementing a ‘first-of-its-kind’ document management and comprehensive eDiscovery solution for a large Australian financial institution, which is now used to respond to all document and information requests;
  • acting for Woodside Energy Julimar Pty Ltd in proceedings in the Supreme Court of Western Australia, which were commenced by Armada Balnaves Pte Ltd who claimed in excess of US$280million from Woodside for an alleged repudiation of contract;
  • assisting an ASX100 listed financial institution respond to a series of notices from ASIC, which required the review of over 120,000 documents in a very short time frame. Emily was part of a team of Senior Associates leading a team of over 100 reviewers, located around the globe, who worked together to ensure our client met the very tight deadline;
  • acting for a major international construction contractor in an international arbitration over disputes relating to certain packages of its major project, including in relation to claims about delay, defects and variations, as well as in multiple adjudications under the Construction Contracts Act 2004 (WA);
  • acting for a UK-listed company in SIAC arbitration proceedings involving breach of contract claims with respect to an Indonesian coal project; and
  • acting for an Australian listed mining company in relation to multiple disputes with a subcontractor, spanning multiple mining construction projects.

 

Background

Emily holds a Bachelor of Laws (Honours), a Bachelor of Behavioural Science and a Masters in Professional Accounting (with High Distinction). She is admitted to practice in the Supreme Court of Western Australia (2010) the Federal Court of Australia and the High Court of Australia.

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