BURGESS, Kate

Enquiry / Availability

BURGESS, Kate


AREA OF PRACTICE 

Common Law

  • Work Injury Damages
  • Negligence
  • Motor Vehicles & Transport
  • Insurance Law

Commercial Law

  • Insurance Law & Professional Negligence Law
  • Contractual Disputes

Property & Probate

  • Trusts

Industrial Relations Law & Employment Law

  • Industrial Disputes
  • Employment Contracts
  • Discrimination
  • Restraint of Trade
  • Statutory Employment Rights
  • Unfair Dismissal
  • Industrial Tribunals
  • Equity & Trusts

Inquests, Inquiries, Tribunals & Commissions

  • Fair Work Commission

 

Kate practices in a range of civil disputes including employment law, common law and commercial law. Kate has advised and appeared in a range of employment and industrial matters including unfair dismissals, underpayments claims, general protections, discrimination claims, workplace investigations and proceedings concerning the protection of confidential information and disputes about other terms and conditions of employment including redundancy claims. Kate also has significant experience in personal injury litigation.

Kate has also appeared before disciplinary boards and in inquiries including as Counsel Assisting the Independent Commission of Inquiry into Greater Geelong City Council and appeared on behalf of the former Chief Health Officer at the Hazelwood Mine Fire Inquiry.

Prior to coming to the Bar, Kate was the Associate to the Honourable Justice Philip Mandie at the Supreme Court of Victoria (Trial Division and Court of Appeal) and completed articles and worked as a solicitor at Slater & Gordon. In 2011 and 2012 she lived in New York and worked at Deutsche Bank in compliance and anti-money laundering.

Kate has a high level of proficiency in French.

Cases in which Kate has been briefed include:

Employment Law

Bellomo & ors v Austin Health: currently acting for ten applicants in this Federal Court proceeding in respect of underpayments in breach of the Fair Work Act 2009.

Walker v Copper Mines of Tasmania & anor: currently acting for the applicant in an adverse action claim in the Federal Court.

Devi v Doutta Galla Aged Services Ltd [2018] FWC 4142: acted for an employee in this successful unfair dismissal claim.

Xing v Bluestars Real Estate Pty Ltd & ors: acted for the respondents in the Federal Circuit Court regarding allegations of misleading and deceptive conduct, and breach of an award (resolved early 2018).

Mills v GBG Dectech Pty Ltd: acted for the applicant in the Federal Circuit Court alleging adverse action and breach of an award (resolved early 2018).

Super A-Mart Pty Ltd v NUW & ors[2014] VSC 130: acted for the plaintiff seeking representative order regarding picketing activities (led by P Wheelahan).

Commercial Law

Kendrick v Aus Struct Services Pty Ltd & anor: acted for the respondent in proceedings in the Federal Court alleging oppression and breach of a shareholder agreement (resolved in mid 2020).

Nguyen v Phan (No 2) [2015] VSC 634: acted for the plaintiffs in a long-running family business shareholder dispute and touching on issues including trusts, fiduciary duties and directors' duties (led by I G Waller QC and H L Redd).

Bob Jane Corporation Pty Ltd v anor v Robert Frederick Jane & anor [2014] VSC 27: acted for the second defendant in respect of a cross-vesting application (led by P Corbett QC).

Common Law

Gorman v Transport Accident Commission [2017] VCC 1280: acted for the plaintiff in serious injury application (led by J Forbes QC).

Khalifa v CP Action Workforce Pty Ltd & Ors [2016] VCC 1010: acted for respondents in respect of dispute concerning privilege in medical records.

Carroll (who sues in his capacity as representative of the members of the Victorian Branch of the Australian Labor Party) v Dearricott: acted for the plaintiff in the Supreme Court of Victoria regarding allegations of breach of duty of confidence (resolved, led by G Schoff QC).

Petrevski v North West Air Conditioning Pty Ltd [2015] VCC 642: acted for plaintiff in successful serious injury application (led by T Tobin SC).

Spanovic v Carter Holt Harvey [2014] VSCA 240: acted for the respondent in an interlocutory application in the Court of Appeal.

Sakellaris v Achievement Cleaning Services Pty Ltd : acted for a successful plaintiff in a County Court jury trial seeking damages for a work injury (2013).


 


 

 

From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.


 

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