Joanna Davidson primarily practises in public and adminstrative law (judicial review and merits review), human rights law and discrimination, inquiries and inquests.
Joanna was admitted to practice in Victoria in 1999, having previously practised in New Zealand where she was admitted in 1993. Her first ten years of practice as a solicitor involved a broad range of civil and commercial litigation, as well as workplace relations and employment law.
From 2004 until she joined the bar in 2013 Joanna held roles as in-house counsel for government, appearing and advising in many significant public and administrative law proceedings. From 2004-2007 Joanna was Crown Counsel in the New Zealand Crown Law Office, where she appeared as counsel in a range of civil proceedings, judicial review matters and criminal appeals, including many of the leading cases under the New Zealand Bill of Rights Act 1990. From 2007 to 2013 Joanna was Special Counsel in the Victorian Government Solicitors Office. In that role she appeared as counsel for the Attorney-General and other government agencies in most of the significant proceedings involving issues under the Victorian Charter of Human Rights and Responsibilities Act 2006, either on her own or with senior members of the Victorian Bar or the Solicitor-General. This included a number of appearances in the High Court and Court of Appeal, and covered a broad range of matters such as pre-trial applications in criminal proceedings, criminal appeals, and various civil and administrative law proceedings.
Since coming to the bar, Joanna has appeared in a range of civil, criminal and administrative law proceedings in the High Court of Australia, the Federal Court, Court of Appeal, Supreme Court and the Victorian Civil and Administrative Tribunal.
A selection of inquests, inquiries and judgments from cases in which Joanna has appeared are contained in her extended biography.
A selection of judgments from cases in which Joanna has appeared are linked below.
Inquests and Inquiries
Inquest into the passing of Veronica Nelson - counsel for the Victorian Equal Opportunity and Human Rights Commission
Royal Commission into Family Violence - counsel assisting (led by Mark Moshinsky QC, with Rachel Ellyard)
Hotel Quarantine Inquiry - counsel for the Chief Commissioner of Police (led by Dan Star QC)
Human Rights, Constitutional and Adminstrative law cases
Keasey v Director of Housing [2022] VSCA 7
MR22 v Victorian Civil and Administrative Tribunal [2022] VSC 426
ARF (a pseudonym) v Director of Housing [2021] VSC 199
Clubb v Edwards; Preston v Avery [2019] HCA 11 (High Court) concerning the validity of safe access zones around abortion clinics
AB & EF v CD (the 'Lawyer X' cases) [2018] HCA 58 (High Court) appeared as amicus curiae [2019] VSCA 28 (Court of Appeal), [2017] VSC 350 (Supreme Court)
R v Independent Broad-based Anti-corruption Commissioner [2016] HCA 8 (High Court); [2015] VSCA 271 (Court of Appeal) [2015] VSC 374 (Supreme Court) - judicial review, challenge to determination by IBAC to conduct public hearings
EHT18 v Melbourne IVF [2018] FCA 1421 concerning the validity of restrictions upon married but separated women accessing IVF without their husband's consent
DPP v Lyons (a Pseudonym) [2018] VSCA 247
Owners Corporation OC1-POS539033E v Black [2018] VSC 337
Cemino v Cannan [2018] VSC 535
Richards (a Pseudonym) v The Queen (No 2) [2017] VSCA 174
De Bruyn v Victorian Institute of Forensic Mental Health [2016] VSC 111
Daniels v Eastern Health [2016] VSC 148
Bare v Independent Broadbased Commission against Corruption [2015] VSCA 197
C v Children's Court of Victoria & Anor [2015] VSC 40
Christian Youth Camps Ltd v Cobaw Community Health Services Ltd (2014) 308 ALR 615 (Court of Appeal) discrimination case concerning the scope of the religious exemptions in the Equal Opportunity Act 1995 (Vic) and the direct and vicarious liability of persons and bodies under the Act
XX v WW and Middle South Area Mental Health Service [2014] VSC 564
DPP v J P H (No 2) [2014] VSC 177
DJ v Director of Housing (Residential Tenancies) [2014] VCAT 406
Harding v Chief Commissioner of Police (Review and Regulation) [2014] VCAT 837
The Queen v Chaouk & Ors (2013) 40 VR 356 (Court of Appeal)
Nigro & ors v Secretary to the Department of Justice (2013) 41 VR 359 (Court of Appeal)
Muldoon v Melbourne City Council [2013] FCA 994 concerning the Occupy Melbourne protests
Re Beth [2013] VSC 189 and Re Beth (No 3) [2014] VSC 121
DPP v Leys & Leys [2012] VSCA 304
W B M v Chief Commissioner of Police [2012] VSCA 159
Noone, Director of Consumer Affairs Victoria v Operation Smile (Australia) Inc & Ors [2012] VSCA 91
Magee v Delaney [2012] VSC 407
Momcilovic v The Queen (2011) 245 CLR 1 (High Court) and R v Momcilovic [2010] VSCA 50 (Court of Appeal) - important case on the construction and validity of provisions of the Charter of Human Rights and Responsibilities Act
CL (a minor by his Litigation Guardian) v DPP & Ors [2011] VSCA 227
P J B v Melbourne Health & Anor (Patrick's case) [2011] VSC 327
W K v The Queen [2011] VSCA 345
Secretary to the Department of Human Services v Sanding [2011] VSC 42
In the matter of a Major Review of Derek Ernest Percy [2010] VSC 179
WBM v Chief Commissioner of Police [2010] VSC 219
DPP v B D X & Anor (No 2) [2010] VSCA 134
XYZ v Victoria Police (General) [2010] VCAT 255
Kracke v Mental Health Review Board & Ors (General) [2009] VCAT 646
Barbaro v DPP (Cth) & Anor [2009] VSCA 26
Re an application under the Major Crime (Investigative Powers) Act 2004 [2009] VSC 381
Secretary to the Department of Justice v AB [2009] VCC 1132
Gypsy Jokers Motorcycle Club Incorporated v The Commissioner of Police (2008) 234 CLR 532
R J E v Secretary to the Department of Justice [2008] VSCA 265
A R M v Secretary to the Department of Justice [2008] VSCA 266
Sabet v Medical Practitioners Board of Victoria [2008] VSC 346
DPP v Ali & Anor [2008] VSC 167
R v Hansen [2007] NZSC 7; [2007] 3 NZLR 1; (2007) 23 CRNZ 104; (2007) 8 HRNZ 222
Brooker v Police [2007] NZSC 30; [2007] 3 NZLR 91; (2007) 23 CRNZ 346