Daye (pronounced Da-yeh) welcomes both briefs to advise and to appear in public, commercial, and criminal law. She also advises on international law and extraterritorial laws such as autonomous sanctions. Daye was a panellist representing the Asian Australian Lawyers’ Association at Victorian Women Lawyers’ 2024 Dame Roma Mitchell Memorial Lunch.
Public law
- Minister for Immigration, Citizenship and Multicultural Affairs, and applicants in migration matters: judicial reviews and merits reviews of visa refusals and cancellations, advice on statutory interpretation, urgent applications, mandamus applications in the Administrative Appeals Tribunal, Federal Circuit and Family Court of Australia, and Federal Court of Australia, instructed by government solicitors and private firms
- Victorian Department of Health: Assessments of Victorian Pandemic Orders and Directions on compatibility with the Charter of Human Rights and Responsibilities Act 2006 (Vic)
- Victorian Department of Families, Fairness and Housing: child protection litigation under the Children, Youth and Families Act 2005 (Vic)
- Other Administrative and Quasi-Criminal Law: parole violations under the Crimes Act 1914 (Cth); control orders under the Criminal Code Act 1995 (Cth), advice and Tribunal applications for freedom of information requests, Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) review hearings, licence suspension reviews for the Department of Transport, native title joinder advice, judicial review appeal for prisoners’ rights; interpretation of the Forests (Wood Pulp Agreement) Act 1996 (Vic) led by Perry Herzfeld SC
Commercial law
- Private and Commercial Law: prospects advice and litigation on breach of contract, breach of Australian Consumer Law, regulatory compliance, discrimination claims under the Equal Opportunity Act 2010 (Vic), exploration of litigation options following termination of subcontractor contract
Criminal law
- Commonwealth Director of Public Prosecutions: carriage of whole prosecution from sufficiency advices to trial preparation to plea hearing; large child abuse materials matters, drug importation conspiracies, money laundering including Operation Avarus-Nightwolf, the largest money laundering prosecution to date in Australian history
- Victorian Office of Public Prosecutions: carriage of whole prosecution from pre-committal to preparation for trial to plea hearings, written opinions, witness conferences, public interest immunity hearings; prosecutions of sexual offending in serial, historic, institutional, and family violence contexts, property and dishonesty offences, drug offending
- Private criminal defence: of state and federal offending, provision of culturally and linguistically competent advice and in-court representation
International law
- Public and Private International Law: International Covenant on Civil and Political Rights submission to the Human Rights Committee on family separations in immigration detention, instructed by the Human Rights Law Centre; litigation and advocacy prospects advice for corporate breaches of international human rights obligations, instructed by the Australian Centre for International Justice; strategic advice for the Asylum Seeker Resource Centre
- Citizens’ Alliance for North Korean Human Rights and other civil society organisations: strategic legal advice on reports, press releases, and submissions to international organisations as necessary on international, cross-border, and domestic law implications of international human rights laws, international criminal law, and business and human rights issues. International criminal law investigations in Korean and English. Application of OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights led by Felicity Gerry KC, universal jurisdiction and complicity in international crimes, corporate complicity in Geneva Conventions breaches. Application of autonomous sanctions in Australia under the Autonomous Sanctions Act 2011 (Cth) and Regulations, UK and territories, Singapore, Norway
- Founder of world-first resource translating North Korea’s publicly available legislation into English and publishing a North Korean-English glossary – available at www.lawandnorthkorea.com.
- Constitutionally appointed to the Peaceful Unification Advisory Council (민주평화통일자문회의) of the Republic of Korea
- Undergoing certification process for Justice Rapid Response expert roster
Academia
Daye holds a PhD from Monash University. Her thesis explored the use of restorative justice for sexual and family violence, resulting in the following papers:
- Systematic search of evaluations of restorative justice programs for sexual and family violence offences
- Thematic analysis of Parliamentary debates on sex offences law reform to reveal constructs of sexual violence, victims, perpetrators, and sexual violence in society over time
- Thematic analysis of interviews of Women’s Liberation Movement anti-rape activists for their views on restorative justice for sexual and family violence
- Systematic review on any research (evaluation or not) on restorative justice for sexual and family violence cases
Daye is on the Cultural Diversity Working Group at the Bar and assisted in the Submission of the Commercial Bar Association’s Public Law Section to the Victorian Integrity and Oversight Committee on the Freedom of Information Act 1982 (Vic).
Daye read with Rohan Lawrence and her senior mentor is Claire Harris QC.
Liability limited by a scheme approved under Professional Standards Legislation.
