Felicity Nagorcka

Assistant Chief Counsel

Felicity is an experienced senior lawyer in the Constitutional and Advocacy Branch. She has many years’ experience advising Ministers and government agencies on a wide range of issues relating to constitutional law, administrative law and statutory interpretation.  More recently, she has also provided advice in relation to the Human Rights Act 2019 (Qld).

Felicity is an admitted barrister and since 2015, she has appeared as counsel for the State and the Attorney-General in the Supreme Court, Court of Appeal, Federal Court and High Court of Australia, often as junior counsel to the Solicitor-General. She has appeared in constitutional, human rights, administrative law and native title matters.

Felicity has written and presented numerous papers to both academic bodies and government legal associations, and has published articles on constitutional and administrative law.  She is a member of the Council of the Australian Association of Constitutional Law, and co-convenor of the Queensland Chapter of that Association.

Before joining Crown Law in 2008, Felicity worked in commercial litigation at a large private firm. She was an associate to Justice Hayne of the High Court of Australia in 2006, and holds an LLM with first class honours from the University of Cambridge.

Felicity’s recent appearances include:

  • Palmer v Western Australia (HCA, 2020) (Western Australia’s COVID-19 border restrictions, led by the Solicitor-General, with Kent Blore)
  • Gerner v Victoria (HCA, 2020) (Victorian COVID-19 restrictions, led by the Solicitor-General)
  • Vella v Commissioner of Police (NSW) (HCA, 2019) (NSW control order regime, led by the Solicitor-General)
  • Spence v Queensland (HCA, 2019) (Queensland’s prohibited donor laws, led by the Solicitor-General, Stephen Keim SC and Gim Del Villar); Awabdy v ECQ (QCA, 2019) (Queensland’s donation disclosure laws, led by Elizabeth Wilson QC and Gim Del Villar)
  • Clubb v Edwards; Preston v Avery (HCA, 2019) (Victorian and Tasmanian ‘safe access zones’ for abortion clinics, led by the Solicitor-General).
  • Holzinger v Attorney-General (QCA, 2020) and Ogawa v Attorney-General (Cth) (FCAFC, 2020) (reviewability of the pardoning power and decisions under s 672A of the Criminal Code (Qld), led by the Solicitor-General in each matter)
  • Kemppi v Adani (FCAFC, 2019 and FCA, 2018) (validity of the certification and registration of an indigenous land use agreement, led by Gim Del Villar)
  • Owen-D’Arcy v Queensland Corrective Services (QSC, 2020) (judicial review of a maximum-security order, raising grounds under the Human Rights Act 2019) (leading Kent Blore)
  • Australian Institute for Progress v ECQ (QSC, 2020) (interpretation of prohibited donor provisions and the Human Rights Act 2019) (led by the Solicitor-General)