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Elana O'Reilly

Senior Associate

People

Elana O'Reilly

Elana O'Reilly

Senior Associate

People

Elana O'Reilly

Elana O'Reilly

Senior Associate

Full Profile

Elana's practice spans across both our projects and construction and our regulatory and investigations groups. Elana is a specialist in workplace health safety law with over 10 years' experience. Elana regularly advises both the public and private sector clients in relation to the development of contractor management policies and procedures, compliance manuals and safety management systems.

Elana has acted in numerous large scale litigious matters and brings specialist knowledge in relation to project management and electronic litigation tools.  Elana experience extends to a number of high profile matters including the Kerang Level Crossing Disaster, the Bush Fire Royal Commission, deaths in custody inquests and workplace related deaths.

Experience
  • Design and construct defects - Resolving an AUD 27 million construction case involving design and construction defects relating to an electricity cable tunnel.

  • Construction disputes - Advising an engineering and construction organisation in relation to multi-million dollar disputes with various separate subcontractors for significant packages of work on an oil and gas project, in particular preparation of various injunctive proceedings and international arbitration.

  • Acting for a global construction contractor in defending Supreme Court of Western Australia proceedings brought by its supplier in relation to alleged non-payment of amounts due under a supply contract for a wind farm project.

  • Front-end construction - Providing front end advisory advice in relation to medium sized contractors in NSW construction projects including drafting notices of dispute.

  • Expert determination - Acting for a large New South Wales Council in relation to a dispute involving an AUD 400 million development project.

  • Solicitor assisting the State Coroner in the Inquest into the Death of Tyler Cassidy – Advising and providing case management support to the State Coroner in the inquest into the death of Tyler Cassidy, the youngest person shot by Police.  This was a high-profile case involving significant media attention and involved over 50 witnesses including emergency services personal, government departments and lay witnesses.  The inquest touched on significant public safety and governance issues including police training and internal police oversight procedures.

  • Developing a safety management system for a not for profit – Developing a safety management system for the use by a not for profit organisation providing aquatic activities to the general public.

  • Explosives review- Conducted a major explosives legislation review for a major government department. This project involved three phases: the review of all explosives legislation applicable to the organisation, the identification and review of publications relevant to EO management, a desktop review of whether the publications complied with the various legislative requirements.

  • WHS Prosecutions – Acting for various emergency services and private sector clients in relation to alleged breaches of work health and safety legislation in Victoria, New South Wales and the ACT, including incidents involving excavating equipment, farm incidents, chemical burns and falls from heights.

  • Enforceable Undertakings – Acting on behalf of various private sector clients in relation to the development and drafting of an enforceable undertaking as alternative to prosecution following a workplace incident. Each of the enforceable undertakings were accepted by the regulators.

  • Road and Rail: Acting for both VicRoads and the Department of Transport in relation to various road and rail deaths including the Kerang rail disaster where 11 people died when a truck collided with a train at a level crossing. The matter investigated issues surrounding emergency response and emergency management.

  • Administrative review – Challenging an improvement notice issued by the Regulator to a private sector client in relation the provision of first aid in the workplace.

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Expertise

Elana specialises in construction and workplace health & safety law and provides advice to top-tier organisations, particularly in the mining, energy and resources sector. She advises clients on a wide range of disputes, litigation and proceedings, including coronial proceedings.

Offices & Regions covered