Areas of Practice
- Administrative Law
- International/ Conflicts of Law
- Medical Negligence
- Product Liability
- Professional Negligence
- Trade Practices
- Transport Accident Act
Kathleen signed the Bar Roll in May 2009, reading with Philip Solomon QC. Since that time, she has built a substantial trial and appellate practice,
principally taking on commercial law, public law and common law matters. She appears regularly in the High Court of Australia in constitutional
Since 2016 she has been recognised annually in Doyles “Best Barristers” Guide.
Prior to coming to the Victorian Bar, Kathleen was employed as an Associate in the litigation group of the New York office of Orrick, Herrington &
Sutcliffe LLP. She passed the New York Bar exam in 2006, having completed her Master of Laws at Harvard Law School. From 2004 to 2005, Kathleen
was Associate to Justice Hayne of the High Court of Australia.
Cases in which Kathleen has been briefed include:
- Currently acting for NAB in the Banking Royal Commission, on a team lead by Neil Young QC and Wendy Harris QC.
- YPF v Oswal: acted for the plaintiff in proceedings against Pankaj and Radhika Oswal concerning the alleged misappropriation of company
funds (led by Alan Archibald QC, Philip Solomon QC and Penny Neskovcin QC).
- OZ Minerals class action: acted for three former directors of Zinifex in the class action and related proceedings in the Federal Court
of Australia concerning the merger of Zinifex and Oxiana (led by Paul Anastassiou QC).
- Asahi Holdings (Australia) Pty Ltd v PEP Pty Ltd: acted for two insurers in this Federal Court litigation involving allegations of
misleading and deceptive conduct in the $NZ1.5 billion sale of an alcoholic beverage business (settled in late 2014) (led by Jim Delany QC,
with Christopher Archibald).
- East West Link litigation: acted for the State of Victoria in the Supreme Court of Victoria, the Court of Appeal and the High Court of Australia
(on the injunction application) in Murphy v State of Victoria. This high-stakes proceeding concerned the East West Link project
proposal (led by Stephen McLeish SC, then Solicitor-General of Victoria, as well as Mark Moshinsky QC and Michael Wheelahan QC in various stages
of the litigation, with Perry Herzfeld).
- Federal Commissioner of Taxation v Thomas  HCA 31: acted for the Commonwealth (intervening) in this tax case raising constitutional
questions (led by Stephen Donaghue QC, Solicitor-General for the Commonwealth, with R Minson).
- Wilkie v The Commonwealth (2017) 91 ALJR 1035: acted for the plaintiffs in challenging the marriage law postal survey (led by Ron Merkel
QC, with Chris Tran).
- Murphy v Electoral Commissioner (M247 of 2015): acted for the Commonwealth in defending a constitutional challenge to the validity of
provisions of the Electoral Act (led by Justin Gleeson SC, Solicitor-General of the Commonwealth, and Nicholas Owens).
- Plaintiff M68/2015 v Minister for Immigration and Border Protection (2016) 327 ALR 369: acted for Transfield Services in defending
the plaintiff’s challenge to the Commonwealth’s regional processing arrangements in Nauru (led by Stephen Donaghue QC, with Chris Tran).
- NAAJA v Northern Territory (2015) 326 ALR 16: acted for the plaintiffs in challenging the validity of the Northern Territory’s “paperless
arrest” laws (led by Mark Moshinsky QC, with Chris Tran).
- CEPU v Queensland Rail (2015) 318 ALR 1: acted for the Commonwealth in this constitutional case concerning whether Queensland Rail is
a corporation within s.51(xx) of the Commonwealth Constitution (led by Justin Gleeson SC, then Solicitor-General of the Commonwealth).
- Public Service Association and Professional Officers’ Association Amalgamated of NSW v Director of Public Employment (2012) 293 ALR
450: acted for the Attorney-General for the State of Victoria (led by Stephen McLeish SC, then Solicitor-General for Victoria) in this High
Court challenge to the validity of s.146C of the Industrial Relations Act 1996 (NSW).
- Williams v The Commonwealth (2012) 248 CLR 156: appeared on behalf of the Churches’ Commission on Education Incorporated (intervening)
in Williams (No 1), a significant constitutional case in the High Court of Australia concerning the Commonwealth’s National School
Chaplaincy Program (led by Peter Quinlan SC).
Common Law/Personal Injury
- LO v Northern Territory (and related proceedings)  NTSC 70: acted for each of the plaintiffs in these proceedings concerning (inter
alia) the use of CS gas at the Don Dale Detention Centre.
- Box Hill Institute of TAFE v Johnson  VSCA 245: acted for the applicant in this appeal concerning the content of an employer’s duty
of care towards an employee with a psychiatric condition (led by Michael Wheelahan QC).
- Mason v TAC (2014) 68 MVR 474;  VSCA 267: acted for the TAC in the Victorian Court of Appeal in successfully defending this appeal
against a decision of the County Court dismissing the appellant’s application for leave to bring a proceeding for damages pursuant to s.93
of the Transport Accident Act 1986 (Vic). Led by Jeremy Ruskin QC.
- Elias v TAC  VSCA 123: acted for the TAC as respondent to this application for leave to appeal from the trial judge’s refusal to
grant leave to commence a proceeding under s.93(4) of the Transport Accident Act 1986 (Vic). Application dismissed. Led by Jeremy
Back to List | Print Page
Join Dever's List
Are you interested in joining our list?
Subscribe to CPD Session Announcements.
McPhee Mediation Centre
Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful
mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.
Phone: 9670 4003