Emma Forbes

Clayton Utz
Special Counsel Perth

Emma has over 12 years' experience managing disputes and navigating complex organisations, specialising in regulatory investigations and commercial litigation. Known for her strategic problem solving and fact based decision making, Emma's diverse experience spans private practice and inhouse legal roles, notably at the Commonwealth Bank of Australia and the Royal Commission into the Financial Services Industry.

Emma's adaptability shines in her ability to pragmatically respond to complex regulatory landscapes, seamlessly integrating legal knowledge with a comprehensive understanding of financial and commercial drivers. Her ability to manage multi-faceted disputes has earned her the reputation as a trusted and respected legal advisor.  Emma has particular expertise in scams liability and helping clients manage the uncertain and evolving scams regulatory environment.

Notable Work
  • Commonwealth Bank of Australia (CBA): Inhouse Counsel in the Regulatory legal team, leading CBA's response to ASIC and APRA investigations and enforcement litigation arising out of Royal Commission case studies.
  • Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: part of the core team advising CBA on the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services industry, a seminal event in Australia's regulatory landscape.
  • Wright Prospecting: acted in a complex royalty and contractual interpretation dispute in the Supreme Court of New South Wales relating to mining tenements in the Pilbara.
  • BBSW ASIC prosecution: acted for ANZ in defence of ASIC's investigation and subsequent prosecution in the Federal Court of Australian in the alleged market manipulation conduct in the Bank Bill Swap Rate market.
  • Materials and Mining: acted on behalf of a major mining and materials company in legacy environmental and contractual litigation claims for remediation of contaminated land.
  • Insolvency: acted for liquidators in complex commercial insolvency matters and multiple subsequent litigation claims.
  • Multi-jurisdictional: acted on behalf of a US company disputing the interpretation of taxation clauses with far reaching and international consequences.
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