Kathy Melville

Partner

Qualifications: LLB (Hons), BA

Industries

Practices

Kathy has over 20 years’ advocacy experience, and over 15 years’ experience in defending and managing workers’ compensation and common law claims in Western Australia. Kathy acts for and advises insurers and employers, and regularly appears in the District Court and at WorkCover WA.

Kathy is highly regarded for her combination of communication and technical skills. Kathy has particular expertise advising on indemnity issues, and has advised and assisted a national insurer with the drafting of policy wordings and policy endorsements. Kathy also has a particular interest in and extensive experience in all aspects of fatality claims.

Kathy regularly advises in multi-party matters involving complex contractual indemnity and recovery claims.

Experience

  • Kathy has practised in both Western Australia and New South Wales. She acts for and advises insurers and employers in the management and resolution of workers compensation claims.
  • Kathy regularly appears as counsel in WorkCover’s Arbitration Service and has appeared as Counsel in various District Court appeals.
  • Kathy appeared as counsel and successfully defended a self-represented worker’s section 58 application for a determination of liability, and in the same matter Kathy instructed counsel in successfully defending the worker’s subsequent appeal to the District Court: Armet v CFC Consolidated Pty Limited [2020] WADC.
  • Kathy appeared as counsel in District Court appeal Hall v Telstra SNP Monitoring Pty Limited [2018] WADC 92, where Kathy was successful in defeating the worker’s claim for costs associated with a section 61 application, and obtained orders that the worker pay the employer’s costs.
  • Kathy’s practice includes consideration of the Workers Compensation and Injury Management Act 1981 (WA), Fatal Accidents Act 1959 (WA), Motor Vehicle (Third Party Insurance) Act 1943, Civil Liability Act 2002 (WA) and the Mines Safety and Inspection Act 1994 (WA).

Awards and recognition

Doyle’s Guide to the Australian Legal Profession (2020)
Recommended – Workers’ Compensation Defence Lawyer Western Australia

Professional Membership

  • Member, Law Society of Western Australia

Latest thinking

Insurance | 12 Nov 2021

Analysis of the proposed amendments to the Workers Compensation and Injury Management Act in WA

The proposed amendments to the workers’ compensation legislation in Western Australia will have a significant impact on industry. We analyse the proposed amendments.