Skip to main content
article thumbnail

Emily Hayden

Partner

Melbourne

+61 3 8687 7348

Emily is one of Victoria’s leading litigators with specialised skills in personal injury and property damage. She is client focused and results driven. She works closely with her clients to understand their expectations and desired outcome from the commencement of claims.

EXPERIENCE & EXPERTISE

Emily has worked in casualty claims for over 15 years. She is a LIV Accredited Specialist in Personal Injury. She has significant experience in the successful defence of public liability claims, VWA recoveries and special risk matters. Emily also has particular expertise in product liability and has conducted numerous product recalls (in Australia, New Zealand at the Pacific Islands). She is often briefed in bushfire class actions in Victoria and Tasmania and Coronial Inquests.

Emily is one of the most well respected litigation lawyers in Victoria. She has spent her career focused on the defence of casualty claims for insurer, government and private clients. She is a highly effective negotiator, advocate and strategist. Emily works hard to ensure that she understands her client’s objectives from the commencement of claims to ensure a united strategy through the course of claims (litigated or other).

Emily is well known in the insurance sector and is the relationship partner for several clients including one of the largest insurers in Australia. She is well versed on all insurance matters from insurers’ business focus, client management, claims management (indemnity and defence) and claim costs. She strives to ensure that all of her insurer clients’ key objectives are achieved during the management of claims.

ACCOMPLISHMENTS

Emily’s skill is short circulating long protracted costly litigation. She has excellent relationships with other practitioners founded on mutual respect. She always strives to achieve early resolution in matters to prevent unnecessary legal costs and entrenched positions where possible. For example, Emily and her team would always prefer to participate in worker personal injury claims / VWA claims during the pre-litigation process as she recognises the cost saving available to her clients. Early resolution in these matters are achieved 40% of all claims.

Emily and her team have been involved in litigation in all Courts and Tribunals in Victoria, Tasmania and South Australia. Her team also works closely with the other Morays offices on cross border claims and multi-jurisdiction dispute and recalls. Emily has recently worked with a client to complete a significant product recall which included dealing with regulators in New Zealand, the Pacific Islands and PNG.

Emily and her team are involved in dozens of settlements on a monthly basis in both personal injury and property damage claims. Other recent notable cases include the following:

  • Resolution of a Class Action on behalf of an insurer sued directly by the lead plaintiff which alleged that the insurer was liable to indemnity another defendant
  • Complex dependency claim where she acted for the driver of a vehicle which involved a WorkSafe prosecution and Sentencing Act claim
  • Resolution of hundreds of product liability claims directly with claimants without any matters being litigated
  • Release of a head contractor from a multi-defendant significant personal injury claim pre-litigation.

Recognition

Publication and Papers

Emily has presented the following papers recently:

  • The problem with (un)social media
  • The Australian Consumer Law and its application to personal injury and property damage claims
  • Advocates Immunity
  • Victorian Personal Injury Claims; General damages for pain & suffering and loss of amenity and loss of enjoyment of life
  • Combustible Cladding in Residential Buildings; the longstanding risk & what has happened since Lacrosse
  • Labour Hire, Working for the Dole and Community Correction Order Participants
  • Food Safety, Recall and Product Liability
  • The Art of Negotiation
  • Common Law Claims & VWA Recoveries.
Awards / Accolades

Recognised by various independent global legal guides, including:

  • Ranked in the peer-reviewed Best Lawyers® in Australia list each year from 2019 to date
  • Ranked as a Leading Public & Product Liability Lawyer (Defendant) and Workers Compensation Lawyer (Defendant) in Victoria by Doyle’s Guide 2020.
  • Part of the casualty team ranked by Doyle’s Guide as the only firm in the First tier category of ‘Leading Public and Product Liability law firms (Defendant) – Victoria 2020’.

Expertise

Qualifications

  • Bachelor of Laws, 2000, University of Tasmania
  • Graduate Diploma in Legal Practice, 2001, Leo Cussen Institute

Specialist Accreditations

  • Accredited Specialist in Personal Injury Law, 2015

Memberships

  • Law Institute of Victoria
  • Women in Insurance