Gerard Elmore
Gerry Elmore is a barrister with a practice in complex criminal law, judicial review, and regulatory cases, with his regulatory work focusing on water regulation and energy market regulation. He also appears in related appeals in these areas.
Currently, he serves as a Referee for the Development Tribunals, and occasionally acts as Chairperson. He is also a sitting member of the Ipswich Rugby League Judiciary and Disciplinary Tribunal, where he also occasionally acts as Chairperson.
He is a member of the Complex Legal Aid Panel, and is a Tier 2 (Superior Court trials) brief-out barrister for the Office of the Director of Public Prosecutions.
He provides high-level strategic legal advice to the highest levels of Commonwealth and State Government agencies, including Commissioners, Chairs, Boards, General Counsels, and Director-Generals. He has demonstrated excellence in managing high-stakes legal proceedings, including prosecuting cases as a trial prosecutor and acting as a legal advisor for government bodies. This includes operating in fast-paced situations, giving critical advice.
He has appeared as lead advocate in thousands of cases across levels of jurisdictions, including over a hundred trials in both Superior and Magistrates Courts for criminal and civil matters. He has also represented clients in countless contested and uncontested hearings within the respective applications’ jurisdictions. He has appeared in the Court of Appeal in both criminal and civil appeals.
Recent Decisions:
Re HZX [2024] QSC 168
(Appearing for the Commissioner of Police. Has been selected for reporting in the Queensland Reports. Concerns the definition of “appear” in the context of bail undertakings; consideration of the writs of habeas corpus, certiorari and the supervisory jurisdiction of the Supreme Court of an inferior court).
DU v Jackson (DCJ) [2024] QCA 122
(Appearing for the Commissioner of Police. Has been selected for reporting in the Queensland Reports. Concerns jurisdictional error on behalf of a DCJ hearing an appeal under the Domestic and Family Violence Protection Act 2012 (Qld); consideration of r.15 of the UCPR).
Other Decisions:
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Arulogun v Legal Services Commissioner [2023] QDC 207
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DU v Jackson (DCJ) & Anor [2023] QSC 185
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Quaresmini v Huang & Anor [2022] QCA 133.
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Pinzone v Merrin & Anor [2022] QSC 107.
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Scott v NPQ (2022) 10 QR 803.
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R v Ponting [2022] QCA 83.
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R v Armitage; R v Armitage; R v Dean (2021) 9 QR 1
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R v Thompson [2021] QCA 29.
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Harris v Lagerroth; Lagerroth v Harris Operations Pty Ltd [2020] QDC 111
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Harris v Lagerroth; Harris Operations Pty Ltd v Lagerroth [2020] QDC 285.
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Goldhounds Mining and Exploration Pty. Ltd. v Department of Natural Resources, Mines and Energy [2019] QLC 10.
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Esat v Rauchle [2018] QDC 235.
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State of Queensland v Moore [2014] QSC 90.
Articles:
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Gray, Anthony and Elmore, Gerard (2012) 'The constitutionality of minimum mandatory sentencing provisions', Journal of Judicial Administration, 22(1).
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Gray, Anthony and Elmore, Gerard (2013) 'The constitutionality of minimum mandatory sentencing - part II', Journal of Judicial Administration, 23(1).