Curriculum Vitae - Maria Gerace Barrister

Professional Qualifications:

Bachelor of Laws (Honours Class II), University of Sydney awarded 1991.

Bachelor of Economics, University of Sydney awarded 1989.

  Admission to Practice:

  Admitted as a Solicitor of Supreme Court of NSW in 1992

  Called to the Bar in 2005

Additional Professional Training:

Advanced Advocacy Course (2010)

Professional Associations:

Member, WWCDA, Women’s White Collar Defense Association

Advocacy Coach, Australian Advocacy Institute

Advocacy Coach, NSW Bar Advocacy Course

Key Practice Areas

Fraud, Corruption, White Collar Crime – Investigations, Inquiries, financial crimes & civil recovery

Inquiries, Royal Commissions & Inquests

Class Actions

Professional negligence

Core Competencies

Large multi-party litigation including Royal Commissions, ICAC and inquiries

Working with complex information – scientific, medical, forensic, accounting, financial and expert evidence

E-documentation – working in litigation with e-production of documents

Clients and Represented Interests 

I have been briefed to appear for the NSW Attorney General, the Minister for Mental Health NSW Police and the NSW Police Commissioner. I have been Counsel Assisting the Royal Commission into Institutional Responses to Child Sexual Abuse and the Coroner.  My clients have included the Justice & Forensic Mental Health Network NSW; Corrective Services NSW, the NSW Department of Education, Local Councils, Senior Clerics, Local Health Districts and other clients of the NSW Treasury Managed Fund, large constructions and developer corporations and senior executives of corporations and Local Government Councils.

 Fraud & Corruption:

 Investigations for clients into suspected fraud including collation of evidence, interview of witnesses, analysis of evidence, preparation of reports on findings and claims for submission to insurers.  Advise and act in civil proceedings for recovery including applications for Anton Pillar and freezing orders. Representing clients facing corruption and fraud investigations by the Independent Commission Against Corruption, Royal Commissions and other bodies. Representing clients facing criminal charges for fraud, financial crimes and corruption.

White collar and financial crime:

 More than 15 years experience in appearing in criminal proceedings:

·       (Non salaried) Crown Prosecutor instructed by the Office of the Director of Public Prosecutions NSW.  Panel barrister CDPP.

·       Regularly briefed to appear for Local Councils as a prosecutor in the prosecution of environmental and food safety offences. 

·       Acting for corporates and individuals facing environmental, work health safety, financial and regulatory proceedings

·       Briefed to appear for parties charged with Commonwealth and State offences at trial]

Royal Commissions, ICAC, Special Commissions and Inquiries: 

Specialist advocacy and representation of client’s interests in inquisitorial processes including Royal Commissions, ICAC inquiries, Special Commissions of Inquiry and Inquests. Providing the effective and skilled representation necessary to protect and advance corporate and individual interests affected by Royal Commissions and other inquiries.  A background of experience as Counsel Assisting various Royal Commission case studies and inquisitorial processes provides a depth of experience and insight into the necessary preparation and processes to effectively engage and respond to Royal Commissions and other inquiries.

Class Actions & Professional Negligence:

More than 20 years experience advising and appearing for plaintiffs and defendants in professional negligence and injury litigation with expertise in financial advice and products, medical negligence (including complex medical negligence and claims involving catastrophic injuries and death) and product liability claims.

Following is a non-exhaustive list of the types of claims I have advised in relation to:

·       Allegations of negligent financial and investment advice

·       Mortgage disputes alleging claims of unconscionability, fraud and negligent advice

·       Property disputes

·       Directors & Officers claims

·       Medical negligence arising from obstetric care including failures in pregnancy screening for birth defects, catastrophic birth injuries (including hypoxic brain injury/cerebral palsy claims), fetal death, injuries from forceps and maternal injury and trauma;

·       Medical negligence in gynaecology including vaginal mesh, failed sterilization procedures, surgical mishaps, claims arising from insertion and removal of subcutaneous contraceptives;

·       Medical negligence in emergency care – inappropriate discharge resulting in injury or death;

·       Medical negligence in psychiatric care –inappropriate early discharge of suicidal patients, failures to search suicidal patients, failures in observations, failures in medication, mismanagement of drug and alcohol withdrawal in inpatients;

·       Medical negligence in medication prescription and administration;

·       Medical negligence in anaesthesia and oncology;

·       Medical negligence in all types of surgery including orthopaedics: incorrect operations, improperly performed procedures, retained foreign objects, neural injuries from operation positioning of patients, inadvertent injury to surrounding organs and structures, failure to maintain sterile operating conditions;

·       Medical negligence from misdiagnosis of medical conditions;

·       Medical negligence in delayed diagnosis of medical conditions (pap smears, breast screening, delayed diagnosis of cancers, sepsis);

·       Medical negligence in medical information and warnings given to patients;

·       Nervous shock claims.

Acting in claims of fraud, malicious prosecution and false imprisonment.

Class actions:

 Acting for members of the class and respondents to class actions. Experience includes:

·       Shareholder class actions,

·       Class actions for data, confidential information and privacy breaches (Evans v State of NSW, Supreme Court) and

·       Defective products (Sydney Water cryptosporidium crisis) (contaminated blood products – Hep C and HIV class actions).

Recent Work (abridged)

 Armstrong ats Glass, Supreme Court of NSW (2019): Dispute about a mortgage alleging documentation is a ‘sham’ mortgage

 Inquest into the Death of Emily (a pseudonym) (current) on instructions from the NSW Department of Education [2018-2019]

SafeWork NSW v KR (a large developer) (2018-2019) (current) SafeWork prosecution.

North Sydney Council – various prosecutions of large developers and builders (current) for breaches of the Environmental Planning & Assessment Act 1979

Inner West Council – various prosecutions for breaches of the Environmental Planning & Assessment Act 1979

Evans v State of NSW, Supreme Court (current): Class action alleging breach of confidence, breach of contract, invasion of privacy and false and misleading conduct

Matthews BHT Matthews v Insurance Commission of Western Australia , Supreme Court of NSW, Current: Instructed by Moray & Agnew to appear led by Jeremy Morris SC for the Insurance Commission of Western Australia (2019)

Inquest into the Death of Phillip Ibrahim: Counsel Assisting the State Coroner Mabbutt before Glebe Coroner’s Court death arising from medical treatment [2018]

 Inquest into the Death of James Howard (current): Counsel Assisting the Coroner investigating death arising from medical treatment.

 Winau Aust Pty Ltd & Ors v Chan & Ors, Supreme Court (Current) Freezing orders obtained for Unit Holders arising from a loss of $9M due to fraudulent conduct.

 R v Ghorbanpour: District court Jury trial on drug charges -10 week trial (2018).  Directed verdicts of acquittal on 3 of 7 charges.

NSW Court of Criminal Appeals – advising on multiple appeals.

 Bayside Council v Cullinane, Supreme Court (2018- current) Complex civil litigation involving allegations of breach of fiduciary obligations

Investigation: Publicly listed company – fraud by Manager involving stock loss of $2.5M. Interview employees, collate evidence, report on findings, and advise in relation to freezing orders and presentation of claim to insurer.  Investigation is current and further details can be provided on request.

Advising the Attorney General NSW and NSW Minister for Mental Health on whether to intervene and or oppose orders in the Mental Health Review Tribunal in relation to Forensic Patients. 

Advising in relation to potential class action for breach of continuous disclosure obligations/misrepresentations to market.

Crown Prosecutor various jury trials including - R v Hardie, Hardie & Kelly (joint trial of multiple accused), R v Isaacs (dangerous driving occasioning death) (2017)

 Multiple civil claims for damages for survivors of child sexual abuse – including claims against the State of NSW, State of WA, various religious and educational institutions. Details can be provided on request.

Multiple civil claims for damages for medical negligence -Details can be provided on request.

The Independent Commission against Corruption: Operation Ricco (City of Botany Bay Council – allegations concerning former chief financial officer. Representing the interests of the former Deputy General Manager of Botany Council.

 Sahadi & Savva and Anor [2016] FamCAFC 65 (29 April 2016) before May Ryan & Aldridge JJ Sahadi & Savva & Anor [2016] FCCA 589 (18 March 2016) before Kemp J. Appear for the Commissioner of NSW Police as Intervener in family law proceedings between a mother and father in the Federal Circuit Court to obtain evidence to be used in the criminal prosecution of the mother and father.  The mother and father and a number of co-accused faced charges for the murder of a Crown witness that were listed for trial in the Supreme Court of NSW. The Commissioner of NSW Police as Intervener sought the leave of the Federal Circuit Court to use an expert report prepared in the family law proceedings for the purpose of the criminal prosecution of the mother and father. The Commissioner was successful in his application before Judge Kemp in the Federal Circuit Court. The mother appealed the decision.  I appeared for the Commissioner on appeal and the appeal was dismissed.

Royal Commission into Institutional Responses to Child Sexual Abuse (selected):

• Case Study 8 (Ellis and the Sydney Archdiocese of the Catholic Church) -Response of the Catholic Church to the complaint made by John Ellis under Towards Healing and subsequent civil litigation. Appear for John Ellis. Exploration of the tactics adopted by the Catholic Church to defend civil litigation initiated by John Ellis. Questioning of senior clergy, Archdiocesan personnel, and Cardinal Pell.

• Case Study 19 (Bethcar Children’s Home) - Response of the State of NSW to litigation by former residents of the Bethcar Children’s Home, Brewarrina. Appear for Ms J Loughman, Principal Solicitor, Women’s Legal Service, NSW in the hearing inquiring into the responses of the State, and the conduct of its lawyers, the Crown Solicitor’s Office, to complaints made and litigation instituted by former child aboriginal residents of Bethcar Children’s Home.  Questioning of key witnesses including the Secretary, Department of Family and Community Services, the Crown Solicitor, and senior members of the legal profession. The State of NSW and FaCs adopted new policies for the conduct of sexual abuse claims as a result of this inquiry.

• Case Study 22 -Counsel Assisting the Royal Commission into Institutional Responses to Child Sexual Abuse (Yeshivah Melbourne/ Yeshiva Bondi).Case Study 44 (John Joseph Farrell): Representing interests of Bishop Manning

• Case Study 28 -Counsel Assisting the Royal Commission (Ballarat Diocese). Advice work and private hearings in preparation for the examination of the response of the Ballarat Diocese of the Catholic Church to institutional abuse.  

• Case Study 42 (Anglican Diocese of Newcastle): Represent the interest of the former Registrar of the Diocese, Peter Mitchell

• Case Study 39 (Sporting Institutions): Represent interests of BXB, mother of BXJ a victim of child sexual abuse in a sporting institution (Tennis NSW)

• Case Study 37 (Dance): Represent interests of a former teacher at RG Dance

Re Waide, Mental Health Review Tribunal (2016)

Appeared for the Minister for Mental Health on review of Mr Waide under s 46(1) of the Mental Health (Forensic Provisions) Act 1990.  The Minister opposed an application made by Mr Waide for reclassification as an involuntary patient or the grant of leave to Mr Waide before the expiration of his limiting terms.

Re P (confidentially settled): Catastrophic Birth Claim – settled $4M.

Royal Commission into Trade Union Governance and Corruption: NUW Case Study  2015. Appear for Derrick Belan former State Secretary National Union of Workers investigation of corrupt conduct by Mr Belan and others.

Coroners Court: Counsel for Justice Health – Death of Inmate at Cessnock Correctional Centre (2015). Further details can be provided on request.