Emma Boyce

Emma is a Senior Associate in our Dispute Resolution & Advisory team. She has a broad range of experience in general commercial disputes with a focus on insolvency and debt recovery. Emma has acted on matters across all NSW jurisdictions including the Court of Appeal of New South Wales. 

Emma assists with the management of portfolios of national complex debt recoveries, both secured and unsecured. She has experience working in all state jurisdictions, most commonly New South Wales, Victoria, Queensland and Western Australia.

Outside of her insolvency and debt recovery portfolio, Emma works on complex general commercial disputes matters with a focus on corporate matters, shareholder and partnership disputes, contract disputes, property disputes including lease and strata by-law disputes.

Emma has a proven track record of developing and maintaining strong relationships with her clients, who are often involved with family businesses. She works closely with them to set the litigation strategy and then works to that strategy to achieve the best results in the most efficient manner possible.

As a mentor in the Law Society of NSW Mentoring Program, Emma enjoys giving back to the profession by making a positive impact on the development and progression of new lawyers.

 

Qualifications/Memberships

• Bachelor of Criminology and Criminal Justice (University of New South Wales)

• Diploma of Law, Legal Profession Admission Board (affiliated with the University of Sydney)

• Member of Young Lawyers of NSW (Civil Litigation)

 

A word from Emma

I enjoy working with my clients to unravel complex issues and reach commercial resolutions in a time effective manner, allowing my clients to return their focus to building and developing their businesses as soon as possible.

 

Career highlights

• Successfully acting for the Coopers in Cooper v The Owners – Strata Plan No 58068 [2020] NSWCA 250. This highly-publicised Court of Appeal proceeding against an owners corporation challenged the validity of a by-law regarding the keeping of animals (excluding assistance animals) in a strata building. The challenge was successful, and the by-law was declared by the Court to be harsh, oppressive or unconscionable. The case effectively changes the way owners corporations can govern their strata schemes in NSW generally, not just as it relates to animals. The case also resulted in amendments to the Strata Schemes Management Act 2015 and has positively impacted many pet owners in NSW. 

• Acting for the successful plaintiff liquidator on an application regarding the correct title of stock held by a company in liquidation and the charging of a levy for the identification, preservation and distribution of that stock in the matter of Plantation Outdoor Kitchens Pty Ltd (In Liq) [2019] NSWSC 925.

• Successfully negotiating the acquisition of a Toyota dealership following the commencement of an oppression claim in the Supreme Court of New South Wales.

• Growing and managing a portfolio of secured debt recovery work and achieving successful recoveries on over 130 matters over four years.

• Successfully resolving a million dollar plus claim filed against her client alleging breach of contract, breach of employment obligations and defamation prior to a 20 day listing for less than one tenth of the estimated claim value.

• Acting for an insolvency practitioner conducting public examinations involving three directors or persons associated with the operation of the company conducted over multiple days in Queensland resulting in the commencement of two Federal Court recoveries.

 

Specific areas of focus

• Partnership and shareholder disputes including oppression claims

• Commercial contract disputes and procurement

• Banking and finance disputes

• Insolvency and debt recovery

• Enforcing restraints and non-competition clauses

• Defamation and redress for attacks on business entities and unlawful online conduct

• Real property disputes

• Corporations issues and directors/fiduciary duties

• Copyright, trademark, patent and confidential information disputes

• Securities advice and enforcement regarding real and personal property