Media Release - Gobbo & ORS v State of Victoria
Angela Sdrinis Legal represented Ms Nicola Gobbo in her claim against Victoria Police for its breach of its duty of care when she was recruited to act as a police informer.
Ms Gobbo alleged that police officers induced her into providing information while guaranteeing to protect her identity and take steps to ensure her safety. Instead, when her identity was revealed and the Victoria Police conduct was exposed, she was abandoned and left to fend for herself.
Publicly available documents show that in 2004 while Ms Gobbo was in hospital following a stroke, Victoria police members took the opportunity to approach her for recruitment, stating that because of her dire medical condition she was ‘vulnerable to an approach by police’.
As a result of the exposure of Ms Gobbo’s identity as Informer 3838, she has been embroiled in litigation against the State. In one proceeding, the Victorian Government paid compensation to a former client who was then allowed to continue his claim against Ms Gobbo.
Only months before this proceeding was listed for hearing, the Victorian Government enacted legislation to limit its own exposure to claims arising from Ms Gobbo’s involvement with Victoria Police but it afforded no such protection to Ms Gobbo in the claims brought against her.
Justice Melinda Richards handed down her judgment today in which she found that four police officers, including Simon Overland, owed Ms Gobbo a duty of care. Justice Richards also found that the failure of Victoria Police’s policy of managing police informers to advert to the particular risks of receiving information from a lawyer was a “serious organisational failure”. Despite this, Justice Richards found that it was reasonable for individual officers to follow the existing policy, and she found that there had been no breach of duty.
No action has been taken against the police officers who benefited from Ms Gobbo’s assistance, and no criticism is levelled against them in this judgment. Notably, NSW Supreme Court Justice Elizabeth Fullerton found that police perverted the course of justice in a “joint criminal enterprise” to take down Tony Mokbel. Justice Fullerton also said that Victoria Police encouraged Ms Gobbo to act repeatedly in breach of her duties as a lawyer.
Today’s judgment means that Ms Gobbo, and her children, will continue to be punished for her actions whilst others who were involved are able to get on with their lives without consequence.
Ms Gobbo recognises the harm done to public confidence in the justice system, including because of her own actions. She maintains that her motivation in assisting the police, however misguided, was to help protect Victorians from organised crime. Very quickly, once she had been given assurances that her identity would be protected, events spiralled out of her control and eventually resulted in the destruction of her life.
Ms Gobbo also issued a stark warning to anyone who is considering informing for Victoria Police and said, “You will not be protected”.
Ms Sdrinis said, “Ms Gobbo’s legal team is considering the 205 page judgment and will give advice regarding the prospects of an appeal.”
For further information contact Angela Sdrinis 0419 359 560.
13 June 2025