Emma Costello

Emma Costello

Emma Costello is a partner in the Brisbane office of King & Wood Mallesons, where she specialises in commercial litigation.  Emma acts for large corporate clients and financial institutions and has significant experience in managing large scale disputes involving numerous documents and witnesses to ensure that client's strategic and commercial objectives are met.  Emma's strengths are her ability to manage large teams and documents to ensure there is a cohesive approach to trial preparation.

Recently Emma has advised the Office of the Royal Commission into the Home Insulation Program on investigating its terms of referance, interviewing over 120 witnesses in a short time frame, preparing statements for witnesses, conducting hearings on time and on budget, liaising with parties about submissions, issuing notices of potential adverse findings and assisting with preparation of the report. As part of this inquiry extensive and unique experience was gained in the areas of public interest immunity and procedural fairness that places Emma in an excellent position to advise quickly and concisely on these issues. This commission demonstrated the strength of the King & Wood Mallesons team nationally and the benefit of the vast array of technological resources that King & Wood Mallesons can bring to a matter.

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Recent Matters

  • Attorney General's Department Advising the Office of the Royal Commisison into the Home Insulation Program on all aspects of investigating the terms of referance and working collaboratively with the Office to ensure that hearings were run seamlessly on time and on budget
  • Advised financial institutions on loan recovery, guarantee enforcement, mortgage repossessions, mareva injunctions, removal of caveats and interlocutory matters
  • Defending clients in relation to their securities
  • Appearing for clients at large scale examinations involving large amounts of documents such as the ABC public examination in Sydney
  • Managing litigation with large numbers of documents and witnesses
  • Advising on professional negligence claims
  • Advising clients in relation to employee and Workplace Health and Safety issues
  • Advising trustees and responsible entities on their roles and legal requirements for compliance with the Trusts Act and Corporations Act
  • Acting for corporate and banking clients on ASIC and ACCC investigations
  • Acting for vendors in relation to enforcing pre-sale contracts
  • Acting for liquidators in conducting public examinations
  • Advising on the Managed Investment Scheme regime and the interaction with the insolvency regime
  • Advising corporate clients on disputes with suppliers and customers.


  • 1996: Bachelor of Arts (Japanese) degree, Griffith University
  • 1996: Bachelor of Laws (Hons) degree, Queensland University of Technology
  • 1998 - 2000: Solicitor, Brisbane CBD firm
  • 2000 - 2001: Solicitor, Mallesons Stephen Jaques, Brisbane, Commercial Disputes Group
  • 2003 - 2010: Senior Associate, Mallesons Stephen Jaques, Brisbane
  • 2011 - 2014: Special Counsel, King & Wood Mallesons, Brisbane, Dispute Resolution
  • 2014 - Present: Partner, King & Wood Mallesons, Brisbane, Dispute Resolution.


Legal insights

The High Court of Australia has provided important clarity on the definition ‘officer’ in section 9 of the Corporations Act 2001 (Cth) (Act) in the much-anticipated decision of Australian Securities...

11 March 2020

Two recent decisions of the New South Wales and Queensland Court of Appeal come as a reminder to carefully consider your contractual obligations or risk being in substantial breach, entitling the...

19 November 2019

The Supreme Court of Victoria has considered whether an insured buyer under a warranty and indemnity (W&I) policy is entitled to indemnity from an insurer in circumstances where it relied on income...

13 November 2019

The Supreme Court of Queensland recently considered whether a builder was obliged to provide replacement security in circumstances where the security previously provided had expired.

28 October 2019

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