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 Senior Lecturer at Charles Darwin University School of Law where she coordinates / lectures across Transnational Law, Criminal Law, Science and Law, Criminology and ‘Law, Justice and the State’ and she leads an Indigenous justice Exoneration Project. She researches in the fields of woman & law, technology & law and reforming justice systems and has numerous publications as set out below. She is approved to supervise PhD to associate level and Masters by research as a principal.

In 2016 she was Solicitor’s Journal Legal Personality of the Year and in 2015 she received a CDU Ryan Family Award for commitment to excellence, outstanding results in research and innovative teaching approaches. It was recognised that “Felicity has played key roles in the development of international partnerships and has contributed to important outcomes in the region”.

Felicity is admitted in England and Wales and Australia and has had ad hoc admission in Hong Kong and Gibraltar. She specializes in serious and complex crime, often with an international element. She led the defence team in R v Jogee, the ground breaking appeal in the UK Supreme Court which corrected the law on complicity and held that the form of accessorial liability known as ‘joint enterprise’ was an erroneous tangent of law. She was described in the Legal 500 for 2016 as ‘well respected for national and international appellate issues’ and previously in Chambers and Partners as ‘A vastly experienced advocate noted for her experience in serious sexual cases, homicides and frauds’.

International Queen’s Counsel: Specialist in appellate and trial advocacy for serious and complex national, transnational and international individual and corporate crime.

 Directories

  • Well respected for national and international appellate issues - Legal 500 for 2016.
  • Fearless and independent minded – Legal 500 for 2015.
  • A vastly experienced advocate noted for her experience in serious sexual cases, homicides and frauds - Chambers and Partners 2014.
  • Fearless and effective advocate – Legal 500 for 2013 and 2014.
  • Featured in Chambers and Partners women silks for 2014.
  • Tenacious in court – Legal 500 for 2012.
  • An expert in the field of sex offences – Legal 500 for 2010.

Professional Skills

  • 23 years of courtroom case preparation and advocacy, specialising in major, serious and complex crime often involving an international element.
  • Academic research and publications (see below).
  • Teaching in university law schools online and on campus in Australia, UK and the Philippines.
  • Accredited legal training podcasts and webinars.
  • Designed and delivered accredited face to face training programs for corporate law, police, prosecuting authorities and defence teams.
  • Submissions to Government Committees in England and Australia and to the European Commission Department of Justice.
  • Debating and Mooting - Including proposing a motion at the Oxford Union debate and drafting a moot for the ICC Mooting Manual for the International Bar Association.
  • HDR supervision and mentoring of students and pupil and women barristers.
  • Appeared in the BAFTA nominated FGM documentary The Cruel Cut, ABC Foreign Correspondent's documentary Saving Mary Jane , BBC 3 Series ‘Sex on the Edge’ and on all major news channels including ABC, BBC News, Sky News, Russia Today and Al Jazeera.
  • Regular Contributor to practitioner publications including a weekly column in Criminal Law and Justice Weekly, comment in Criminal Bar Quarterly (CBQ),Counsel Magazine, The Barrister Magazine, Legal Week, Solicitor’s Journal , Civil Liberties Australia, The Justinian, Law Week, The Conversation, The Justice Gap and NT Balance.
  • Writes regularly for the broadsheet press, particularly The Times Law Section.
  • Pro bono – including death penalty cases and advising NGOs.

Teaching experience

  • Senior Lecturer and Unit Development / Coordinator / Lecturer
    • Master of Laws Program: International Criminal Law and Transnational Law.
    • Current Undergraduate Law Degree: Criminal Law, ‘Law, Justice and the State’, Transnational Law, Criminology, Evidence Law, Science and Law.
    • Previously: Advanced Criminal Law, Torts, Practical Advocacy and Dispute Resolution.
    • Legal Clinic: Indigenous Justice Stream and Reprieve Australia Externship.
  • 2014 to 2016 Chair of Research and Research Training Committee.
  • 2015 HDR coordinator.
  • Member of the Law School Learning and Teaching committee.
  • Member of the Unit Review Committee for CUC107 Cultural Intelligence and Capabilities.
  • Member of School of Law Environmental Law Research group: In 2014 coordinated some student assistance for the Legal Response Initiative in relation to the international negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) and lectured in the Environment and Planning Law Unit.
  • Lectures on Female Genital Mutilation and the Law MID301 Women’s Health, CDU School of Health.

Research supervision

Health and Law

  • Voluntary Euthanasia Vulnerability and the law.
  • Should Australia Adopt the Groningen Protocol? Considering the effects of legalizing assisted dying on persons with disabilities who cannot consent.
  • The Euthanasia Fallacy: Why it is time to regulate in Australia?
  • What Happened to the Recommendations from the Review of the Law of Negligence 2002, with respect to liability and the medical profession?

 Corporate Law

  • Should Corporate Monitorship Reports attached to Deferred Prosecution Agreements be made public?
  • Small Subcontractors and Security of Payments: Rough Justice or the Rough End of the Gavel

 Transnational and Domestic Criminal Law

  • Fallen Women or Prostituted Women? India’s Human Trafficking Crisis and the treatment of sex-trafficking victims within the Indian Legal system
  • Substance abuse, mental impairment and specific intent.
  • Are Australia’s counter Terrorism laws effective in combatting radicalization?
  • Drawing the judicial line: defining an acceptable extent of community input into sentencing.
  • Double jeopardy reform: political expediency or much needed change?
  • New South Wales Right to Silence Reforms: Maximum Admissions, Minimum Silence.
  • 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?
  • Offender information gathering, recording and tracking, a private nightmare or a public necessity?

 Technology and Law

  • Everybody knows: Snowden’s NSA leaks and the implications for Australians privacy
  • The internet, social media and trial by jury.
  • The effect of the Dallas Buyers Club ruling on cyber law in Australia.

 Family Law

  • The Rights of Indigenous Children interacting with the Care System.
  • 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.
  • Has the Australian Family Court attempted to reconcile the competing interests of a parent wising to relocate with their children and the ‘best interests’ of the child being maintained by a meaningful relationship with both parents.
  • Do Family Courts need to reform evidence rules to manage social media evidence?

 Animal Law

  • Animal Welfare, Exploitation and the Law: Is a Bill of Rights for Animals Going Too Far?

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.

Research grants

2016             CDU Strategic grant as a seed fund for a Youth Justice Project Alice Springs ($4000)

2016             Expert on EU Commission innovation grant on rights of children with mental disabilities (€250,000).

2016             The Indigenous Justice and Exoneration Project’ at CDU ($25,000).

2015             Chief Investigator on collaborative project with Menzies School of Health Research and CDU School of Health on ‘Women’s Health and the Law: FGM and TOP’ ($15,000).

2015             CDU Innovation Grant to pilot an “Innocence” style project ($9000).

2014             Small CDU grant funded project completed on human trafficking in ASEAN ($3000).

Memberships and other positions of responsibility

Current

  • Vice President, Criminal Lawyers Association of the Northern Territory of Australia.
  • Board Chair, Corrugated Iron Youth Arts, Darwin, Australia.
  • Affiliated Member of Research group on Fundamental Rights and Constitutionalism at the Vrije Universiteit Brussel.
  • Member of 2017 International Conference Committee (2015 Chair) for The Advocates Gateway and member of management committee preparing toolkits for advocacy with vulnerable people.
  • Member of International Bar Association
  • Member of Commonwealth Lawyers Association
  • Member of Female Fraud Forum.
  • Member of Everywoman Everywhere Coalition.
  • Ambassador for Enough Abuse UK.
  • Member of Expert Reflection Group (Trafficking as a Criminal Enterprise).
  • Member of European Migration Research Platform
  • Member of UK Criminal Appeal Lawyers Association.
  • Professional Board Member, Computer Law & Security Review (Elsevier) (CLSR).
  • Associate Editor and Reviewer: International Journal of Issues in Legal Scholarship (ILS).
  • Member of the board of Halsbury’s Law Exchange – a politically independent legal think tank engaged in writing articles and contributing to policy papers.

 Past

  • Member of UK All Party Parliamentary Group on Rape and Sexual Violence.
  • Panel member of Baroness Stern’s Rape and serious sexual offences Parliamentary group.
  • Part of team providing legal advice and assistance for the 2012 London Olympic and Paralympic Games. Specialisms: Sexual offending and defamation.
  • 2013 Bar Council South Eastern Circuit Representative.
  • 2012 Bar Council for England and Wales Public Affairs Committee.
  • 2000 to 2004 Midland Circuit Committee Leicester Representative.
  • First woman to write comment piece for CL&JW in its (then) 175 year history.

Conferences

Conferences organised

  • 2017 The Advocates Gateway International Conference: Access to Justice for Vulnerable People.
  • 2016 CDU Research Workshop and Student Showcase: Health and Law.
  • 2016 CDU Child Rights Forum.
  • 2016 CDU Research Workshop and Student Showcase: Empowering First Nations People through Law and Policy.
  • 2016 CDU Research Workshop and Student Showcase: Transnational Law.
  • 2016 Lexis Nexis: Women in prison: Is the Justice System Fit For Purpose
  • 2015 The Advocates Gateway International Conference: Addressing Vulnerability in Justice Systems
  • 2014 Lexis Nexis: Women in prison: Is the Penal System Fit For Purpose
  • 2012 Exeter University / SOAS and 36 Group: To Iraq and Beyond. 
  • 2010 Open University and 36 Group: Corporate Manslaughter.

 Conferences speaker – Women and Law

  • 2016 International Criminal Law Congress: Human Trafficking, Drug Trafficking and the Death Penalty
  • 2016 Webinar on FGM and the Law for the Australian College of Midwives.
  • 2016 Oxford Criminology 50th Anniversary Panel on Women in Prison
  • 2016 2nd Law Scholar’s Writing Colloquium, Universitas Indonesa. Paper chosen as Editor’s Choice for Indonesian Law Review. Human Trafficking, Drug Trafficking and the Death Penalty.
  • 2016 FGM is Everybody’s Business: Australian Human Rights Commission. FGM and the Law.
  • 2016 Gender, Culture Power, ACU. Dowry Deaths and feticide.
  • 2015 Start at the Top Family Law Conference, Parliament House, Darwin. Speaking on a rights based approach to International Commercial Surrogacy and Human Trafficking.
  • 2015 Law and Society Association of Australia and New Zealand Conference, Flinders University, Adelaide. Speaking on FGM and the Law: Have campaigners succeeded where governments have feared to tread?
  • 2015 Damned Whores and God’s Police 40 years on Sydney Conference: Speaking on female genital mutilation (FGM) and the law.
  • 2015 Australian Midwifery Conference: FGM and the law: Can midwives succeed where governments fear to tread?
  • 2015 LRPP Conference, Singapore 4th International Conference: “Achieving gender equality through uniformity, extra territoriality and corporate responsibility”
  • 2015 ICELFS: Patterns of Sexual Behaviour. The Law of Evidence: Back to the Future in Australia and England.
  • 2015 Law Society of South Australia CPD Event: FGM and the Law.
  • 2015 Law Society of the Northern Territory of Australia CPD Event: Let’s Talk About Slaves.
  • 2015 UNSW Gendered Violence and Gender Violations Conference: Domestic Violence and Access to Justice in East Timor.

 Conferences speaker – Technology and Law

  • 2016 Biometrics 2016: Using Technology to Combat Human Trafficking.
  • 2015 ICELFS: Access to extraterritorial evidence: The Microsoft cloud case and beyond
  • 2015 ANZFSS: Science and the Law: Tales from the Bar.
  • 2015 8th International CPDP conference, Brussels: “Using technology to combat human trafficking”.
  • 2014 CILS International Cooperation conference, Jakarta: “Using technology to combat human trafficking”.
  • 2014 Sensor Society Conference, Brisbane: “The Rule of Law Online; You can’t steal cakes that Google haven’t baked”
  • 2014 4th Sino-Australian Law Deans’ Meeting, Zhejiang University, Guanghua Law School, Hangzhou, China: “Using innovative technology in international legal education”.

 Conferences speaker – Lawyers, Justice and Penal Systems

  • 2016 Spectacular Law Conference, Hong Kong University – Jogee, the last gasp of Colonialism?
  • 2016 Criminal Appeal Lawyers Association. Short presentation on the story behind R v Jogee. 
  • 2016 Presentation to Hong Kong Bar on resilience and opportunities.
  • 2016 Lexis Nexis Women in Prison debate.
  • 2016 NT Law Society social media for lawyers
  • 2016 Middle Temple Survive and Thrive event on social media for lawyers. Think Wall report identified 1.9million exposure impressions.
  • 2016 R v Jogee: NSW Young Lawyers.
  • 2016 Current Issues in Sentencing: National Judicial College of Australia – Women in Prison.
  • 2014 Lexis Nexis Women in Prison debate.
  • 2014 Human Rights Forum of the Asia-Pacific Outgames: “Legisative reform after Sochi”.
  • 2014 CDU/ NTBA conference Dili, East Timor: “Criminal Lawyers Duties to Trafficked victims”

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

Submissions

  • 2017 CLANT submission to NT Government Consultation on Termination of Pregnancy Law Reform.
  • 2016 CLANT submission to the Children’s Commissioner on ratification of the Optional Protocol Against Torture.
  • 2016 Civil Liberties Australia submission to the Australian Parliamentary Inquiry into Human Trafficking.
  • 2016 CLANT submission to the Senate Inquiry on the Indefinite Detention of People with Cognitive and Psychiatric Impairment in Australia.  Also gave evidence.
  • 2015 Submission to the Joint Standing Committee on Foreign Affairs, Defence and Trade on Australia’s Advocacy for Abolition of the Death Penalty in relation to women trafficked to commit transnational crime.
  • 2014 Bar Human Rights Committee (BHRC) submission to the UK Parliamentary Inquiry into Female Genital Mutilation.
  • 2014 Bar Human Rights Committee (BHRC) submission to the UK Parliamentary Joint Committee on Human Rights Inquiry into Violence Against Women and Girls (VAWG).
Felicity Gerry

Contacts

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

School of Law
Casuarina campus 
Charles Darwin University
Darwin NT 0909