• Global Law Experts International Criminal Law Barrister 2023
• Lawyers Weekly Australian Barrister of the Year 2020
• UK Solicitors Journal Legal Personality of the Year 2016

Felicity Gerry KC is admitted at the International Criminal Court (ICC) and the Kosovo Specialist Chambers (KSC) in The Hague, to the Bar of England & Wales and the Victorian Bar, Australia. She has also had ad hoc admission in Hong Kong and Gibraltar. Felicity is a dedicated and experienced advocate who leads for the defence in serious, complex, and sensitive trials and appeals at every level of court. She is known for her exceptional courtroom presence and has been described in Legal 500 as “a leader in her field”, “a fearless and effective advocate”, and “a true inspiration to junior lawyers” and in Chambers and Partners as "A wonderful fighter with an extraordinary intellect, she's very efficient and very good with clients.".

Felicity holds a PhD, a Master of Laws in International Governance (LLM Int Gov), a Bachelor of Laws (LLB), and a Graduate Certificate in University Teaching and Learning (GCUTL). She is a Professor of Legal Practice at Deakin University, Melbourne where she is the Unit Chair in the undergraduate and JD programs teaching ‘Contemporary International Legal Challenges’ – including War Crimes, Modern Slavery, Digital / Tech law, Terrorism and Art Law and she is involved in the clinical programs. She is also an Honorary Professor in the School of Health and Society at Salford University, researching the intersection between health, law, and education, particularly in Human Rights Law relating to Women, Children, and Persons with Disabilities.

Felicity specialises in Homicide, Terrorism, Modern Slavery, Financial crime and War Crimes (ICL) and has had several career-defining cases:

• Currently defending Mr Al Hassan at the International Criminal Court.
• Led the memorandum on due diligence in investment listing on SGX for Justice for Myanmar which led to the $82m divestment of the Golden City scheme.
• Led the appeal in R v Jogee before the UK Supreme Court which corrected an error of law in complicity which was described by the BBC as a ‘genuine moment of legal history.’
• Led the successful petition for mercy for Zak Grieve in NT, Australia and leads the posthumous petition for mercy for Christine Keeler in the UK.
• Provided “key” input into the reprieve from execution for Mary Jane Veloso in Indonesia.

Felicity has consulted for the UNODC and various NGOs. She has a long history of training professionals: this includes prosecutors in Rwanda on human trafficking, gender-based violence and corruption law as part of the Bridges to Justice Project; the Commonwealth Parliamentary Association Modern Slavery Project and the Bangladesh Judiciary Management Project. Her policy submissions have led to changes in the law on Modern Slavery, FGM and Reproductive Rights and supported approaches to Afghanistan post-withdrawal.

She currently leads a Victorian Legal Services Board funded research project on the experiences of trafficked women in criminal justice. She led a death penalty study for the Commission of Human Rights for the Philippines and a Human Trafficking report in 2023 for the International Bar Association and contributed to the 2022 Edge of Law Report in key legal challenges in the Asia-Pacific for the Bar Human Rights Committee and the American Bar Association Rule of Law Initiative.

Her Publications include to Lexis Advance, Bourke’s Criminal Law Victoria, (contributor) Chapters on Sex Work and Modern Slavery, Children, Animal Law and Compensation.

Selected Cases

NOTABLE APPEALS – HIGH COURT:
The Queen v Moukhaiber and others [2020] – terrorism - Appeal on issues of adding state offences to Commonwealth indictment

NOTABLE APPEALS – HIGH COURT:
Minogue v Victoria [2019] HCA 31 murder - Application to intervene. Led on behalf of ICJV

NOTABLE APPEALS – HIGH COURT:
Van Beelen v The Queen [2017] HCA 48 –  murder - interpretation of legislation and jurisdiction for second appeal

NOTABLE APPEALS – HIGH COURT:
R v Spilios [2016]– murder - Application for special leave on challenge to law on extended common purpose.

 

NOTABLE APPEALS - VICTORIA:
R v Goodfellow  [2022] VSCA  – successful circumstantial evidence appeal

NOTABLE APPEALS - VICTORIA:
R v Kovacevic  [2021] VSCA  – financial offending – sentencing appeal

NOTABLE APPEALS - VICTORIA:
Brown v The Queen [2019] VSCA 286 – first sentence appeal under the Standard Sentencing regime

NOTABLE APPEALS - VICTORIA:
DPP v Za Lian & Another [2019] VSCA 75 – in company rape sentence appeal

NOTABLE APPEALS - VICTORIA: R v Finn [2018] VSCA 228 – Conviction appeal on complicity issues and effect of prosecutor’s closing address

NOTABLE APPEALS - VICTORIA:
R v Honeysett v The Queen [2018] VSCA 214 – Sentence appeal on jurisprudence and application of Koori conversation
 

NOTABLE APPEALS - VICTORIA:
Henderson (a pseudonym) v The Queen [2017] VSCA 237 – interlocutory appeal on admissibility of tendency evidence

NOTABLE TRIALS – VICTORIA:

The Queen v Susan Deakin [2021] – Alleged Attempted Murder of a child resolved to plea to an endangerment offence and resulting in a non-conviction outcome.

NOTABLE TRIALS – VICTORIA:

The Queen v Moukhaiber and others [2019] – First completed terrorist act case in Australia (burning of Shia mosque)

NOTABLE TRIALS – VICTORIA:
The Queen v Galea [2019] – First ‘right wing’ terror trial in Australia

NOTABLE TRIALS – VICTORIA:
The Queen v Karl Hague [2017] – Cold case murder trial and appeal

NOTABLE TRIALS – VICTORIA:
The Queen v X [2019] (Bendigo) – Multiple allegations of sexual abuse

NOTABLE TRIALS – VICTORIA:
The Queen v Abbas and others [2018] – Conspiracy to prepare and plan offences (Christmas Day bomb plot). Client with some special needs

OTHER NOTABLE CASES - VICTORIA:
In the matter of Victorian women and children in Syrian camps 2020 – pre-action advice

OTHER NOTABLE CASES - VICTORIA:
In the matter of the Voluntary Assisted Dying Act (2017)(Victoria) [2019] – operational advice

OTHER NOTABLE CASES - VICTORIA:
In the matter of the Australian Biosecurity Act (2015)[2017] – operational advice

OTHER NOTABLE CASES - VICTORIA:
In the matter of the Modern Slavery Act (2015) [2020] – operational advice

OTHER NOTABLE CASES - VICTORIA:
R v MC [2018] – Federal Court of Australia – Appeal in an application for pre action discovery in high value alleged money laundering

OTHER NOTABLE CASES – NT:
Successful mercy petition for Zak Grieve– murder.

OTHER NOTABLE CASES – NT:
The QUEEN V VENESS – financial offending sentencing appeal

OTHER NOTABLE CASES – NT:
The Queen v Rodney Kenyon [2017] – Rape and Serious harm trial

OTHER NOTABLE CASES – NT:
Law Society NT v W [2016] defence of allegation of unlawfully engaging in legal practice

OTHER NOTABLE CASES – NT:
M v AHPRA [2016] – Challenge to a prohibition to psychological practice

OTHER NOTABLE CASES – NT:
J v Minister for Lands and Planning NT [2016] - In the matter of Kulaluk community land - an appeal under the Heritage Act

OTHER NOTABLE CASES – NT:
Australian Health Practitioner Regulation Agency (AHPRA) v H [2016] – Variation / removal of restrictive conditions on surgical practice

OTHER NOTABLE CASES – NT:
The Queen v BM [2015] NTSC 73 – Rape trial which included applications to exclude complainant’s evidence and defendant’s ROI based on non-compliance with police Anunga guidance. Young Aboriginal client

Memberships & Committees

Victorian Bar Human Rights Committee

Editor of ANZSIL Perspective