Emma Wolfenden, Solicitor

Emma Wolfenden was admitted as a solicitor in April 2012 and joined Baker Love Lawyer’s commercial law team, and is a regular guest on 2NUR radio’s The Business, The Law & You program.

Emma joined the firm in 2010 when she accepted a law clerk position while undertaking a graduate law degree by correspondence at Southern Cross University. Distance education meant Emma was able to work full-time while completing her legal studies and obtain invaluable practical experience prior to her admission as a lawyer. During those years, she received exposure to and training in various areas of law.

Before joining Baker Love, Emma worked in a management role for a national retail company. She also completed an Honours Degree in Psychology at the University of Newcastle in 2008.

Emma predominantly practices in commercial and retail leasing, litigation, social media policy and dispute resolution, and her experience advising clients includes:

  • Commercial and retail leases for landlords and tenants including:
    • Deeds of Agreement to Lease for landlords and tenants in cases where significant construction work is to be done to the leased premises
    • Deeds of Assignment of Lease for landlords and tenants
    • Negotiation and settlement of leasing disputes for landlords and tenants, to achieve a workable, practicable and commercial outcome for both parties
  • Acting for vendors and purchasers in relation to sale of business transactions, including drafting and negotiation of the Contract for Sale, obtaining franchisor consent, obtaining landlord’s consent and an assignment of lease, and other related matters
  • Partnership disputes and partnership breakdowns, including advising in relation to partnership agreements and attending settlement conferences
  • Advising on the Personal Property and Security Act and regulations, including advice to liquidators, preparation of security agreements and arranging registrations
  • Preparation of Deeds and other agreements in relation to a wide range of matters including loans (including familial loans), building agreements, terms of trade and other business agreements
  • Defence and settlement of claim in the Consumer, Trader & Tenancy Tribunal for alleged breach of contract
  • Advising in relation to and drafting of Trust Deeds establishing charitable organisations and Deeds of Variation of same
  • Acting on behalf of liquidators, including commencing debt recovery proceedings, drafting Deeds of Company Arrangement and advising in relation to same, and preparation and registration of associated Caveats
  • Debt recovery including:
    • Commencing proceedings in the Local Court of New South Wales on behalf of creditors for the recovery of debts
    • Preparation of court documents for enforcement of court judgments, such as writs for the levy of property, examination orders and garnishee orders
  • Advising on and drafting Payment Claims for creditors to recover debts in the building and construction industry pursuant to the Building and Construction (Security of Payment Act) 1999 (NSW)
  • Advising on, and preparation of, Last Wills and Testaments, Appointment of Enduring Guardianship documents and Power of Attorney documents including:
    • Drafting Deeds for the establishment of discretionary trusts
    • Advising clients in relation to financial management appointments pursuant to Guardianship Tribunal orders
  • Workplace Social Media Policies, including attendance at clients’ business premises to explain and implement the Social Media Policy to employees
  • Privacy policies for the workplace to ensure compliance with new Privacy Laws
  • Representing employees and employers in unfair dismissal and unlawful termination claims, including appearing on behalf of clients in Fair Work Australia mediations

Memberships & Affiliations
  • Communications and Media Law Association (CAMLA)
  • genXwomen
  • Hunter Business Womens Network
  • Hunter Young Professionals
  • Lakeside Netball Association
  • Law Society of NSW
  • Register of Practitioners High Court of Australia