Felicity Nagorcka

Assistant Chief Counsel

Felicity is an experienced senior lawyer in the Constitutional and Advocacy Branch, with in depth knowledge of and experience in the practice of constitutional and administrative law.  She has provided high level advice to government agencies and Ministers in relation to the complex areas of parliamentary privilege, inconsistency of Commonwealth and State laws, s 92 of the Constitution, and the Kable principle (amongst other things). Felicity has published articles on topics such as federal jurisdiction and the impact of constitutional principles on the exercise of administrative power, and has written and presented numerous papers to both academic bodies and government legal associations. She is currently a member of the Council of the Australian Association of Constitutional Law.

Felicity is admitted as a barrister, and her advocacy experience includes appearing as junior counsel on behalf of the Attorney-General and the State in the Supreme Court, Court of Appeal, Federal Court and High Court of Australia in constitutional challenges to State legislation, constitutional interventions, native title and administrative law matters.

Before joining Crown Law in 2008, Felicity worked in the commercial litigation team at Blake Dawson Waldron (now Ashurst) in Melbourne. She is also a former associate to Justice Hayne of the High Court of Australia.

Felicity has recently appeared with the Solicitor-General in the following matters:

  • Rizeq v Western Australia (2017) 91 ALJR 707 (High Court) (concerning the application of State laws in federal jurisdiction).
  • Graham v Minister for Immigration and Border Protection (2017) 91 ALJR 890 (High Court) (concerning the validity of a secrecy provision in Commonwealth legislation).
  • Burns v Corbett [2018] HCA 15 (High Court) (concerning the jurisdiction of State tribunals in matters involving residents of different States)
  • Attorney-General v Shand [2018] QCA 66 (Court of Appeal) (concerning whether a legal practitioner’s name should be removed from the roll).
  • Longley v Chief Executive, Department of Environment and Heritage Protection [2018] QCA 32 (Court of Appeal) (with Ms Jennifer Hewson, concerning the application of s 5G of the Corporations Act 2001 (Cth)).

Felicity has also recently appeared led by other counsel in the following matters:

  • Kemppi v Adani  (reserved, Federal Court of Australia) (led by Mr Gim Del Villar, concerning a challenge to the registration of an indigenous land use agreement).
  • Electoral Commission of Queensland v Awabdy [2018] QSC 33 (Supreme Court of Queensland) (led by Ms Elizabeth Wilson QC, concerning whether the State provisions for disclosure of political donations are inconsistent with a Commonwealth Act).