Area of expertise

Insurance Law

  • General Insurance
  • Property & Industrial Special Risk Claims
  • Public & Product Liability
  • Occupiers Liability
  • Recoveries

Emily Hayden

Partner LLB, Accredited Specialist – Personal Injury Law

office Melbourne
phone +61 3 8687 7348

Emily has been a partner with Moray & Agnew since 2009 having been admitted to practice in 2001. She conducts litigation for national and multinational insurers and government departments, advising in many areas of insurance.

As an insurance litigator, she has particular expertise in claims and disputes between insureds and insurers. She has acted at a number of Coronial inquests for insureds in order to manage the risks for subsequent litigation. Recently she has successfully defended an insurer against a multi-million dollar property damage and business interruption litigation on the basis of fraudulent non-disclosure.

Emily has been involved in several high profile matters testing the extent of the 2003 tort reforms for ‘obvious risk’. She has also been involved in a case testing the extent of non-delegable duty of care to the High Court (special leave stage). In addition, she has been involved in various class actions involving product liability and negligent conduct injuring a significant amount of people at a sporting event.

Emily practises across all Australian courts and tribunals. She is a solid negotiator and always represents her clients at mediations, conciliations and pre-hearing conferences. She takes a pragmatic response to litigation and has the ability to provide a strategic outline towards resolution or otherwise from the commencement of the litigation.

She has a special interest in ‘rural law’ and ‘equine law’ with a strong personal background in agriculture industry and equestrian. Emily was the Chief Showjumping Steward at the Royal Geelong Show for many years.

Emily is our Melbourne Pro Bono Partner and a member of our National Pro Bono Committee. She has forged a strong relationship with the North Melbourne Legal Service, arranging and overseeing a free legal clinic each Friday afternoon, staffed by the firm’s lawyers.

Emily has been ranked in the peer-reviewed Best Lawyers® in Australia reports published annually by the Australian Financial Review since 2019.

Emily was granted accreditation as a Law Institute of Victoria Accredited Specialist in Personal Injury Law in 2015.

Published Articles

Lawyers prove their fitness for charity work

SYDNEY, 29 August 2013 – Law firm Moray & Agnew last night proved its fitness for charity work when it hosted…

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Professional Membership

  • Australian Insurance Law Association
  • Women in Insurance