Kathryn is an experienced senior lawyer who has practised in Melbourne, Tokyo and London.
Kathryn specialises in resolving disputes, and works collaboratively with her clients to provide the legal and strategic advice that best achieves their preferred outcome.
Kathryn’s tailored approach maximises the likelihood of avoiding escalation of a dispute. Where an early, favourable resolution of the dispute cannot be achieved, Kathryn conducts efficient and effective management of formal dispute mechanisms, always with a primary eye on her client’s objectives and commercial or policy concerns.
Kathryn advises both business and government on the full spectrum of legal disputes, from which we draw a snapshot of her recent experience.
- Advising a corporate in relation to a dispute with its supplier of a ticketless parking system. We obtained injunctive relief preventing the supplier’s imminent shutdown of the automated number plate ticketing system. We successfully settled the dispute, allowing the client to replace its ticketless system through an alternative supplier.
- Defending a failure to issue shares in alleged breach of an agreement. The dispute was settled on favourable terms which saw the troubled shareholder exit.
- Obtaining injunctive relief to secure and recover a competitor’s theft of sensitive pricing information. The case was settled on favourable terms, including a permanent injunction restraining use of the stolen information, deletion of the stolen information and full recovery of external and internal costs.
- Advising in respect of insurance matters, including policy terms and indemnity. Kathryn is presently defending a $75 million claim in relation to mitigation costs for defective work.
- Defending a statutory body in a mediation-arbitration concerning cost consequences flowing from a change in the law. Our strategic approach saved the client tens of millions in costs, and achieved a new agreement that salvaged the parties’ relationship.
- Providing ongoing dispute management in relation to a 10 year services contract, including advice about contractual rights and obligations, correspondence between the parties and strategies for negotiating disputed issues. We continue to protect our client’s interests from dilution.
- Advising on intellectual property matters, most recently defending her client against a claim for trademark infringement concerning use of her client’s trading name and logo.
- Defending corporates and executives in regulatory inquiries. Most recently, Kathryn has represented individuals and corporates in the Royal Commission into Trade Union Governance and Corporation and the IBAC.
- Advising in respect of privacy breaches, including defending a privacy class action complaint in circumstances of breach; our client agreed to apologise and successfully defended any obligation to pay the millions of dollars claimed in compensation.
- Advising on the life cycle of a compulsory acquisition, from advice about certification by the Governor in Council to the referral and favourable conclusion of a disputed claim in the Supreme Court.
- Advising individuals and government on the exercise of administrative action in respect of statutory authorisations, at all stages from issue of the authorisation to disciplinary matters to appeals against administrative action.
- Advising government on Freedom of Information, including the validity (or otherwise) of the scope of a request, the assessment of exemptions and the successful defence of appeals and complaints in respect of FOI decisions.