Year and Place of First Admission

1983, New South Wales

Jurisdictions

High Court, Federal Courts and Tribunals, New South Wales, Northern Territory

Appointments and Awards

Vice President International Commission of Jurists (NT Branch), Part-time Chairperson NT Public Sector Disciplinary Appeal Board, Senior Faculty Member-Australian Advocacy Institute, Chief Minister’s Domestic & Aboriginal Family Violence Advisory Council, NT finalist in Telstra Business Woman of the Year (1995), NT delegate to Women’s Constitutional Convention, Canberra (1998), Northern Territory Women’s Fellowship for contributions made towards advancing the status of women in the Territory, Foundation Editor Northern Territory Law Reports (1991)

Areas of Practice

Administrative and Public Law, Anti-discrimination, De facto Relationships Disputes, Employment Law, Family Law, Medical Negligence, Motor Accidents, Personal Injury, Workers’ Compensation

Career

Sally was first admitted to practice in New South Wales in 1983. She moved to the Northern Territory in 1986 to work as a senior lawyer with the Northern Territory Attorney-General doing mainly major commercial litigation.

Sally joined the Northern Territory Independent Bar in 1990, the first woman to do so.

In 1992 she was awarded the Northern Territory Women’s Fellowship for contributions made towards advancing the status of women in the Territory.

She was a foundation member of the Northern Territory Women’s Lawyers Association and President for five years. Sally was also a steering committee and foundation member of the National Women Lawyers Association

Sally was a representative of a family of Cambodian refugees who successfully obtained Australian citizenship after lengthy detention at Port Hedland.

Sally also successfully represented a group of Chinese women and their families seeking refugee status after being forcibly sterilised for breaching the Chinese Government one child policy.

Appeared as Counsel for the Julilarikara Aboriginal Organisation before N.T. Liquor Commission resulting in alcohol restrictions substantially reduced alcohol related crime and violence in the Tennant Creek – colloquially known as “Thirsty Thursday”, flatteringly described in “Grog Wars” by Alexis Wright.

Major cases include

High Court of Australia

• DP v Commonwealth Central Authority [2001] 206 CLR 401 (HCA) – Family Law interpretation of Hague Convention on the return of the child
• Northern Territory of Australia v GPAO and ors [1998-1999] 196 CLR 553 (HCA) – Immunity from production of documents by subpoena  issued to Northern Territory Child Protection Authority records by Family Court of Australia upheld

Supreme Court of the Northern Territory

• AAT King’s Tours Pty Ltd v Hughes (1994) 4 NTLR 185 – Appearance before Court of Appeal to determine evidentiary onus in previously untested Work Health legislation
• Dew and ors v Anti Discrimination Commissioner, Unreported decision of Matin CJ 20 Feb 1996 – appeared as Counsel for Anti-Discrimination Commissioner in Supreme Court of Northern Territory on first case to interpret the provisions of the NT Anti Discrimination Act
• Linco v Fiket (unreported, Thomas J, 19 June 1998) – Appeared in the NT Supreme Court on the first case to interpret the provisions of the NT De Facto Relationships Act
• Van Dongen v Northern Territory of Australia [Court of Appeal] (2005) 16 NTLR 169 – Work Health Act s182(3)time for making claim, test for establishing reasonable cause
• Thurlow v The Architects Studio Pty Ltd (Court of Appeal) [2006] NTCA 8 – Function of pleadings, liberty to pursue case outside pleadings
• HWE Contracting v Young  (Court of Appeal) (2007) 20 NTLR 83 – Work Health Act s49 (2) noncash benefits as part of remuneration, expert evidence, recognised field of expertise.
• Preti v Sahara Tours Pty Ltd and Anor [2008] NTCA 3 – Contributory negligence apportionment, losses occurred in foreign currency, judgment in foreign currency, offer of compromise in Australian dollars, validity of offer

Publications

Report “Working together to end domestic violence” co-authored with Judy Harrison.  The report became the blueprint for the Northern Territory and other governments domestic violence strategies (1994)

Admissibility of Expert Evidence published in 2008 and presented to 2008 Northern Territory Magistrates Conference

Contact details

Sally Gearin
William Forster Chambers
26 Harry Chan Avenue
Darwin NT 0800

PO Box 4369
DARWIN NT 0801

Tel: + 61 (0)8 8982 4700
Fax: + 61 (0)8 8941 1541
email: sgearin@williamforster.com