Sarah McCarthy

Sarah McCarthy

Sarah McCarthy

2010, Bachelor of Law (UTS)

Called to the bar 2018

Sarah specialises in employment, discrimination and industrial law. Sarah advises and appears on behalf of both government and private clients in a wide range of employment and industrial disputes, including unfair dismissals, general protections, restraint cases, and directors’ duties.

Sarah has an all-service health law practice. She has experience in all facets of medical law; from defence of common law claims to fitness to practice matters. Sarah advises major medical insurers, government health departments as well as individual health practitioners. Sarah appears on behalf of medical practitioners as interested parties to coronial inquires and in employment related matters. Sarah is on the HCCC panel of barristers.

Sarah advises and appears in a broad range of commercial disputes, regulatory and administrative law matters. Sarah advises and appears on behalf of private and government clients in administrative and judicial review matters.

Prior to being called to the Bar in 2018, Sarah worked as a solicitor for eight years across both government and private sectors in Sydney and London. Sarah’s international experience allows her to bring a full understanding of client needs to provide expert advocacy and sound advice.

Sarah is committed to delivering a client-centric and accessible approach to the law.

Practice Areas

Administrative and Public Law
Alternative Dispute Resolution
Appellate
Commercial
Common Law
Coronial
Discrimination Law
Employment and Industrial Relations
Equity
Human Rights and Discrimination
Inquests and Commissions of Inquiry
Insurance
Intentional Torts
International Law
Local Government
Mediation
Medical Negligence
Professional Disciplinary
Professional Negligence
Regulatory and Compliance Law
Work Health and Safety

Experience

Graduate Diploma in Applied Law, College of Law (2023)

Member, the Medico-Legal Society of NSW

Member, World Association for Medical Law

Associate Member, Asia Pacific Coroners Society

Mentor, UTS Mentor Program (2021-2023)

Member, Wellbeing Committee, Bar Association of NSW (2019-2021)

Member, Diversity & Equality Committee, Bar Association of NSW (2019-2020)

Certificate III Aboriginal Cultural Education, TAFE NSW (2016)

Advanced Diploma, Screenwriting, AFTRS (2015)

Admissions

2022, National Mediator Accreditation

2018, Called to the NSW Bar

2010, Admitted as a solicitor of the NSW Supreme Court

Selected Cases

Employment, Industrial & Discrimination

KPW Law Pty Ltd v Patel [2023] NSWSC 617

Salesforce ats N Gestos, FCFCA, 2023 (General Protections & ACL)

Ticketek ats M Stoodley, FWC, 2023, (General Protections & Discrimination)

Bared Trading ats Kaur, FCFCA, 2023 (General Protections)

Twin Creeks Golf Club & Anor ats G Martin, FCA, 2023 (General Protections) (Settled)

Moorebank Vet Clinic & Anor ats Al-Sowaidi, (General Protections) FCFCA, 2023

Eptesam Al Bankani v Western Sydney Migrant Resource Centre Ltd [2023] FWC 557

Williams v Secretary of the Department of Education [2023] NSWIRComm 1032

R Stockman v Cisco Systems Australia, FCA 2023 (Settled)

Dr Ruwan Suwandarathne v Canberra Health Services [2022] FWCFB 181; R Suwandarathne v Canberra Health Services [2022] FWC 2011

Jay v Australian Settlements Limited [2022] FedCFamC2G 872

Rachelle Miller v Commonwealth of Australia (Led by Kate Eastman SC, Settled, 2022)

Williams v Secretary, Department of Education [2022] NSWIRComm 1007

Phyllis Dodd v Thomas and Naaz Pty Ltd [2021] FWC 1106

Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126; Hughes trading as Beesley and Hughes Lawyers v Hill (No 2) [2021] FCAFC 1

Fair Work Ombudsman v Northcoast Security Services Group Pty Ltd and Ors (No.3) [2020] FCCA 521

Common Law, Inquiries, Professional Negligence, Conduct & Regulatory

Calvary Hospital ats Brophy, ACTMC, 2023 (Medical negligence)

Health Care Complaints Commission v Gaberman [2023] NSWCATOD 77

Health Care Complaints Commission v Narayan [2023] NSWCATOD 90

Fuller v Australian Capital Territory [2022] ACTSC 361

Cammarata (nee Payne) v Health Care Complaints Commission [2022] NSWCATOD 143

Health Care Complaints Commission v Khalighimonfared [2022] NSWCATOD 78

Orroral Valley Fire Inquiry (Led by Michael Fordham SC).

Health Care Complaints Commission v McCarthy (No 2) [2022] NSWCATOD 14; HCCC v P McCarthy [2021] NSWCATOD 201;

Health Care Complaints Commission v Ndiweni [2022] NSWNMPSC 1 (29 March 2022)

Inquest into the death of LF, JF, VF, AF and CW, December 2021

Inquest into the death of BH, October 2021

Inquest into the death of JP, November 2020

Royal Commission into Violence, Abuse, Neglect & Exploitation of People with Disability (Led by Michael Fordham SC and Chris Ronalds SC. Appointed Junior Counsel Assisting).

Public Law, Administrative Law, & ADR

Cashtivity v Innovation and Science Australia, AAT (Settled)

Yilo & Vazquez Anzola [2022] FedCFamC2F 1248

Cessnock City Council v EMF [2022] NSWCATAP 72

Berry Patch Schofields Pty Ltd atf Berry Patch Schofields Unit Trust v Secretary, Department of Education [2022] NSWCATAD 371

Decmil Group Limited v Innovation and Science Australia, AAT (Settled 2021, Led by Anna Mitchelmore SC).