Monika has a broad practice and primarily acts in common law proceedings, coronial inquests, inquiries, and quasi-criminal matters.
Monika has significant public law experience, particular relating to sensitive matters involving issues of public interest immunity, confidentiality and suppression and closed court orders under the Open Courts Act 2013 (Vic) and statutory interpretation.
Monika's areas of particular expertise include:
Monika has appeared regularly in the County Court, Supreme Court and the Court of Appeal in Victoria. She has also appeared in the Supreme Courts of the ACT and Tasmania. She acts regularly on behalf of governmental clients and agencies and insurers (both State and private insurers).
Cases in which Monika has appeared:
Common law:
Brown v State of Victoria (led by Sam Hay KC and Rachel Ellyard) (class action) – briefed by Victoria Police to act on behalf of the State of Victoria in defending a class action about the use of OC spray at a public protest.
Gold v State of Victoria (unled) – briefed by Victoria Police to act on behalf of the State of Victoria in relation to a negligence claim involving novel duties of care relating to policing.
Williams v State of Victoria (led by Michelle Britbart KC) – briefed by the Department of Families, Fairness and Housing and instructed by the Victorian Managed Insurance Authority in relation to the first application run against the State to set aside a past settlement agreement in relation to a historical abuse claim.
Comensoli v State of Victoria (unled) – briefed by the Department of Families, Fairness and Housing and instructed by the Victorian Managed Insurance Authority in relation to a claim for contribution relating to a historical institutional abuse claim.
Quasi-criminal matters
Mokbel v The Queen, Arico v The Queen, Madaferri v The Queen, Zirilli v The Queen, Higgs v The Queen (led by Sashi Maharaj KC and Ian Freckelton AO KC with Jonathan Bayly) – briefed on behalf of the Chief Commissioner of Police in relation to criminal appeals about Nicola Gobbo and Joseph Acquaro as respondents to applications under s 317 of the Criminal Procedure Act 2009 (Vic) including significant issues relating to public interest immunity and suppression orders and criminal appeal procedure.
Chairperson of the Royal Commission into the Management of Police Informants v Chief Commissioner of Police (led by Ian Freckelton AO KC with Adam Purton) – briefed on behalf of the Chief Commissioner of Police to successfully defend an application by the Royal Commission to revoke or vary existing suppression orders.
Director of Public Prosecutions (ACT) v Shui (a pseudonym) (unled) – briefed on behalf of the Australian Federal Police in relation to an application by The Age newspaper for documents filed in relation to a confiscation of criminal assets.
Inquiries, coronial inquests and Royal Commission
Independent investigation into the Victorian Commission for Gambling and Liquor Regulation (now the Victorian Gambling and Casino Control Commission) - Issues raised in the Four Corners Programme, “Watchdog or Lapdog” (led by Ian Freckelton AO KC) – independent investigation by external counsel in relation to allegations in a Four Corners program.
Inquest into the death of Pierino Taranto (unled): Briefed on behalf of the Chief Commissioner of Police.
Royal Commission into Victoria’s Mental Health System (led by Stephen O’Meara KC (now his Honour), Georgina Coghlan (now KC) and Fiona Batten) – Briefed to assist Counsel Assisting.
Royal Commission into the Management of Police Informants (led by Saul Holt KC) – Briefed by Victoria Police.
Prior to coming to the Bar, Monika was a Managing Principal Solicitor in the Litigation and Dispute Resolution Branch at the Victorian Government Solicitor’s Office and had carriage of high-profile litigation on behalf of the State of Victoria and its departments.
Monika holds a Negative Vetting Level 2 (NV2) security clearance.
Monika read with Emrys Nekvapil (now SC) and her senior mentor was Jeremy Ruskin KC.