Kathryn Howard

Partner

Qualifications: LLB (Hons), BComm

Practices

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 hotly and strategically defends major claims, positioning her clients to achieve an early, favourable resolution of the dispute. Where escalation of the dispute cannot be avoided, Kathryn conducts efficient and highly effective management of formal dispute levers, always with a primary eye on her client’s objectives and commercial priorities.

Kathryn’s tailored approach is acutely aligned with her client’s interests. Kathryn’s success at resolving major claims is recognised in the international publication Who’s Who Legal in 2017, 2018 and 2019 (Mediation).

Experience

  • Defending a $100 million claim concerning a highly technical method of welding a major gas pipeline. In this case, Kathryn obtained the first-ever orders in the Supreme Court of Victoria obliging the Plaintiff to perform Technology Assisted Review. The use of Technology Assisted Review reduced the Plaintiff’s relevant documents from 1.3 million to under 100,000, and our client’s discovery costs commensurately. Our client found the ‘smoking gun’. The case settled shortly after discovery concluded.
  • Defending a $50 million claim concerning the alleged wrongful termination of a contract. Our client successfully settled the claim shortly before trial, achieving a resolution to the long-term relationship for less than the legal costs of the trial.
  • Defending a $29 million claim concerning alleged breach of contract and related claims for delay. The complex claims were rigorously defended with lay and expert evidence, our client exercising its statutory and contractual rights. Our client triumphed, successfully defending every dollar claimed.
  • Defending one of Australia’s first privacy class actions. Our client successfully defended the claim for millions of dollars in compensation.
  • Defending alleged trade mark infringement, in which the applicant challenged our client’s right to use its trading name and logo and sought an account of profits in respect of over $100 million in international sales. Again, our client uncompromisingly defended the allegations with lay and expert evidence, exercising its statutory rights. Our client’s trade marks and its rights were upheld against attack by its competitor.
  • 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.
  • Obtaining injunctive relief to secure and recover a competitor’s theft of sensitive pricing information. Within 36 hours of receiving the instructions, we had obtained interlocutory relief that restrained use of the stolen information, secured the stolen information and obliged our client’s competitor to go on affidavit about the hacking of our client’s systems. The case was settled on favourable terms, including a permanent injunction, destruction of our client’s stolen information and full recovery of our client’s legal and management costs.
  • Defending allegations of $36 million in negligent trading and breach of fiduciary duties, through proactive use of the Court forum and strategic negotiation.
  • 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 of dollars in costs, and achieved a new agreement that salvaged the parties’ relationship.

Latest thinking

Thinking | 11 Sep 2019

Public Law – Issue Five

In this edition of our newsletter for the public sector, you’ll find an update on a landmark High Court ruling on free speech, hear about Daniel Simms from the City of Wanneroo and meet Partner Alison Baker, among other interesting articles...