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Erica Elliott

Special Counsel
Fax +61.2.9513.2399
With a focus on workplace health and safety, Erica Elliott works closely with businesses and their officers to manage regulatory risk, both in response to incidents and litigation and as part of proactive compliance programs.

Her knowledge and understanding of the workplace safety and regulatory environment is gained from 12 years' experience in this area of law, including as an in-house prosecutor for SafeWork NSW and the rail safety regulator. Having worked as both a prosecutor and for defendants gives Ms. Elliott an excellent understanding of how prosecutors work, what to expect from them, what they look out for and their likely responses, enabling Ms. Elliott to use that information to give clients insightful and practical advice. Ms. Elliott also worked as a Supreme Court Judge's Associate and has appeared in the General Equity Division and the Administrative Law, Commercial and Construction and Technology lists in the Supreme Court of New South Wales and the WHS List in the District Court.

She also has experience in the NSW Court of Appeal, Court of Criminal Appeal, Defamation List, Victorian Magistrates', County and Supreme Courts, the Federal Court, Brisbane Magistrates and District Court and Coroner's Courts in NSW, Queensland, Victoria and Tasmania.

Ms. Elliott also has extensive experience in legal issues of special importance to the Australian Government and those dealing with them, such as government procurement, privacy, freedom of information and administrative law.

She is also an enthusiastic contributor to the firm's pro bono program and has advised environmental and homelessness-related not-for-private organisations.

Professional Background

Ms. Elliott worked for the then-WorkCover Authority of New South Wales (now SafeWork NSW) where she was a Senior Legal Officer in the Legal Group.

Prior to that, she worked at the New South Wales State Government's Independent Transport Safety and Reliability Regulator and for three years at a top tier global commercial law firm.

Prior to that, she was the Associate to the Honourable Justice PA Bergin of the Supreme Court of New South Wales, who administered the Equity Division (including the Commercial and Technology and Construction Lists) and has since become the first ever female Chief Judge in Equity.


  • Winner of the Sybil Morrison Prize for Jurisprudence
  • Member of the Golden Key International Honour Society
  • Winner of the Julius Stone Prize

Professional/Civic Activities

  • Law Society of New South Wales member
  • Sydney University Law Review invitational editor

Speaking Engagements

Ms. Elliott has presented extensively to industry professionals (including "train-the-trainer") seminars, to inhouse safety groups in major companies and to a broad range of industry and community stakeholders on key regulatory reforms in all aspects of safety related legislation.
  • Prosecuting matters for the then-WorkCover Authority of New South Wales and the Independent Transport Safety and Reliability Regulator.
  • Conducting test case litigation under rail safety laws.
  • Conducting inquests in relation to deaths arising from workplace incidents for major construction entities including UGL and Balfour Beatty, a death on a cricket field and advising in respect of deaths at Dreamworld.
  • Advising on the applicability of Commonwealth workplace health and safety laws in respect of aircraft construction and maintenance facilities.
  • Negotiating the withdrawal of prosecutions.
  • Training and advising Government safety inspectors on their powers and obligations under rail safety and workplace safety legislation.
  • Advising on the content and implications of safety-related contractual clauses.
  • Having conduct of the passage of rail safety regulations.
  • Appearing for the prosecution in the Industrial Court and for defendants in the New South Wales District Court.
  • Advising on, and conducting litigation related to, dust diseases and in relation to workers compensation, including alleged workers compensation fraud.
  • Drafting interpretative materials for stakeholders on the policy behind, and nature of, harmonised safety legislation.
  • Recommending whether to participate in class action proceedings in California and the Federal Court of Australia.