Felicity Gerry QC

Senior Lecturer in Law

Degrees and appointments

  • Queen's Counsel
  • Admitted to the Supreme Court of the Northern Territory
  • Called to the Bar of England and Wales
  • Vice President of Criminal Lawyers Association of the Northern Territory
  • Visiting Professor De La Salle University, Manila
  • Visiting Lecturer (distinguished) University of Western Sydney
  • Chair of Research and Research Training Committee and HDR Coordinator (CDU)
  • NMAS and LEDR accredited mediator
  • Expert Reflection Group (Trafficking as a Criminal Enterprise)
  • COAG Advisory Panel on reducing violence against women and their children (Technology Working Group)
  • Chaired the televised G20 Gender Equality forum which prepared the report for the Sherpas to the G20 Leaders (2014)
  • Professional Board Member - The Computer Law & Security Review (Elsevier) (CLSR)
  • Associate Editor and Reviewer - International Journal of Issues in Legal Scholarship (ILS)
  • Member of the Management Committee of the UK Advocate's Gateway preparing toolkits for advocacy with vulnerable people on behalf of the UK Training Council
  • Member of the Board of Halsbury’s Law Exchange, a politically independent  legal think tank engaged in writing articles and contributing to policy papers
  • Part of the team providing legal advice and assistance for the 2012 London Olympic and Paralympic Games - Specialism:  Sexual offending and defamation
  • First woman to write a comment piece for CL&JW in its (then) 175 year history
  • Member of the International Bar Association Crimes Against Women Sub Committee
  • Member of International Bar Association
  • LLB (Hons) 2:1 Kingston University

Professional experience

Felicity Gerry QC is admitted to the Bar of England and Wales and to the Supreme Court of the Northern Territory of Australia. She has been recognised in the Legal 500 as a “Fearless and effective advocate” and “Tenacious in court” and in Chambers and Partners as “a vastly experienced advocate noted for her experience in serious sexual cases, homicides and frauds”.
At the independent Bar, Felicity has prosecuted and defended in numerous cases involving major, serious and complex crime, often with an international element. This has included cross-jurisdictional rape, murder by foreign nationals involving evidence obtained from abroad, conspiracy to import illegal immigrants and international fraud. Her practice as a barrister has included cases which have contributed to her academic research particularly in the fields of human trafficking, gender equality, evidence and female genital mutilation. She has a high profile appeal to the UKSC on joint enterprise murder and has recently assisted on 3 death penalty cases in Indonesia. In addition to being a QC and an academic, Felicity is also an experienced broadcaster with many appearances on television and radio. She writes regularly for the broadsheet and legal press and has a weekly column in Criminal Law and Justice Weekly.

Teaching experience

Felicity joined the School of Law on 1 July 2013. Her programme of research largely relates to women and the law focussing on three main areas: Women’s Health; law and policy (female genital mutilation, sexual exploitation and assisted dying ), Human Trafficking (legislative interpretation and referral mechanisms) and Cyber law in the context of human rights (including online abuse and freedom of expression and extra territorial jurisdiction). She has collaborated with scholars from the UK, the US, Australia and Indonesia and has ongoing funded projects as follows:

  • Ongoing grant funded Indigenous Jutice and Exoneration Project - law reform, legal education and exoneration applications in the Northern Territory of Australia
  • Ongoing grant funded collaborative project with Menzies School of Health Research and CDU School of Health on Womens Health and Law in the Northern Territory.  The focus is on the law and practice relating to female genital mutilation, abortion and teenage pregnancy.
  • Ongoing external project funded by Lexis Nexis UK which involves three stages: Part 1 was a discussion paper and forum on legal and penal policy for women offenders in November 2014. This led to significant adoption of our proposals by the UK Minister for Prisons.  Part 2 is an online research portal to collect the most up to date information which commenced in March 2015.  Part 3 is a publication on Sentencing Women Offenders.
  • Expert Advisor for onging EU Commission grant funded project on advocacy with vulnerable people providing training to advocates across all member states in the EU on advocacy for children with mental health issues
  • Innovation Grant completed to launch an Innocence Project in the Northern Territory
  • Small grant funded project completed on human trafficking in ASEAN

Felicity is regularly approached to speak and present papers on international issues including the legal implications of social media, human trafficking, rape in conflict zones and female genital mutilation. She is actively involved in the development and maintenance of units by being a member of the School of Law’s Learning and Teaching Committee and a Member of the Unit Review Committee for CUC107 Cultural Intelligence and Capabilities. Felicity is also the editor of the School’s e-newsletter.

Research supervision

Felicity is available to supervise any honours or postgraduate students interested in researching in the areas of criminal law, advocacy with vulnerable people, human rights, health and law, science and law and technology and law.

2013 to 2015

  • Drawing the judicial line: defining an acceptable extent of community input into sentencing.
  • Everybody knows: Snowden’s NSA leaks and the implications for Australians privacy.
  • Double jeopardy reform: political expediency or much needed change?
  • Same sex Parents: Won't somebody please think of the children! A Review Of Whether The Children Of Same-Sex Parents Are Afforded The Same “Best Interests” As Children To Heterosexual Parents Under Family Law.
  • New South Wales Right to Silence Reforms: Maximum Admissions, Minimum Silence.
  • What Happened to the Recommendations from the Review of the Law of Negligence 2002, with respect to liability and the medical profession?
  • Has the Australian Family Court attempted to reconcile the competing interests of a parent wishing to relocate with their children and the ‘best interests’ of the child being maintained by a meaningful relationship with both parents.
  • Looking at the insanity defence with the help mainly of some Australian cases, legislation and trial procedures, what is insanity, how is insanity established in the courtroom and what input is accepted from the field of psychiatry?
  • Should Australia Adopt the Groningen Protocol?
  • Offender Information: Public rights or private nightmare?
  • The Euthanasia Fallacy:  Why it is time to regulate in Australia.
  • The internet, social media and trial by jury.
  • Do Family Courts need to reform evidence rules to manage social media evidence?
  • Offender information gathering, recording and tracking, a private nightmare or public necessity?
  • Should Australia Adopt the Groningen Protocol?  Considering the effects of legalising assisting dying on persons with disabilities who cannot consent.
  • The effect of the Dallas Buyers Club ruling on cyber law in Australia.

Selected publications

  • Gerry F., Muraszkiewicz J., Vavoula N.,The role of technology in the fight against human trafficking: reflections on privacy and data protection concerns (forthcoming – accepted by Computer Law and Security Review)
  • Gerry F., Moore L. 2015 Exposure to the elements: Secondary Stress for Lawyers; 15 September 2015 SJ 159/34:
  • Gerry, F., Moore, C., A slippery and inconsistent slope: How Cambodia’s draft cybercrime law exposed the dangerous drift away from international human rights standards Computer Law & Security Review 31 (2015) 628–650
  • Svantesson, D., & Gerry, F. (2015). Access to extraterritorial evidence: The Microsoft cloud case and beyond. Computer Law & Security Review, 31(4), 478-489
  • Gerry, F., Berova, N., Treating data like the sale of goods: Lessons for the internet from OECD and CISG and sacking Google as the regulator [2014] 30 CLSR Issue 5
  • Gerry, F., “Data Uses to Combat Human Rights Abuses” IEEE Technology & Society Magazine Refereed Viewpoint
  • Gerry, F., Let’s talk about Vaginas…Female Genital Mutilation, the failure of international obligations and how to end an abusive cultural tradition’ (2014) 2 Griffith Journal of Law and Human Dignity 1
  • Gerry, F., Let’s talk about slaves…Human Trafficking: Exposing hidden victims and criminal profit and how lawyers can help end a global epidemic (2015) 1 Griffith Journal of Law and Human Dignity 1
  • Gerry, F., Sjölin, C., Urbas, G., Patterns of Sexual Behaviour. The Law of Evidence: Back to the Future in Australia and England (2015) 11(1) Int. Comment. Evid. 29ISSN (Online) 1554-4567, ISSN (Print) 2194-5691, DOI: 10.1515/ice-2014-0012, May 2015
  • Gerry, F., The Rule of Law Online; You can’t steal cakes that Google haven’t baked” 2015 JIL Vol 18 (7) 3
  • Gerry, F., Sjölin, C., Achieving gender equality through uniformity, extra territoriality and corporate responsibility” Law Regulations and Public Policy, Singapore 4th International Conference Proceeding
  • Gerry, F., A victim-led criminal justice system?”: “Vulnerable Witnesses – dignity and respect”. 2014 3rd IARS International Annual Conference Proceeding book
  • Gerry F., Crawley K. 2015 Sentencing in child abuse material cases in InPsych, the bulletin of the Australian Psychological Society Limited, April 2015
  • Gerry F., Sarkaria N. 2014 CBQ “Achieving excellence in handling FGM cases”
  • 2014 working party submission for the Bar Human Rights Committee (BHRC) written evidence to the UK Parliamentary Inquiry into Female Genital Mutilation (12 February 2014). This led to significant changes in the law in the UK and was based in part on my 2014 paper (see below)
  • 2014 Working party submission for the Bar Human Rights Committee (BHRC) written evidence to the UK Parliamentary Joint Committee on Human Rights Inquiry into Violence Against Women and Girls (VAWG) (March 5th, 2014)
  • Male Rape in Conflict Zones: 2012 Lexis Nexis Policy Paper

Courses taught

LWA199 Law, Justice and State (Unit Coordinator and lecturing on Women and Justice)
LWZ114 Criminal Law (Unit Coordinator and Senior Lecturer)
LWA210 Contemporary Issues Social Justice Legal Clinic 1(Unit Coordinator and Senior Lecturer)
LWA215 Advanced Criminal Law (Unit Coordinator and Lecturer)
LWZ316 Evidence (Unit Coordinator and Lecturer)
LWS320 Practical Advocacy (Joint Lecturer)
LWZ116 Torts (Lecturer)

Developing Transnational Law and Science and Law Units

Felicity Gerry

Contacts

T: 08 8946 6899
E: felicity.gerry@cdu.edu.au

School of Law
Casuarina campus 
Charles Darwin University
Darwin NT 0909