AREAS OF EXPERTISE
- Commercial Law
- Corporations & Securities
- Equity & Trusts
- Trade Practices & Consumer Protection
- Corporate Insolvency & Reconstruction
- Administrative Law (Merits Review & Judicial Review)
- Taxation & Revenue
Catherine practises in corporate, commercial and tax law. She has particular experience in class actions arising from continuous disclosure issues and corporate collapses, including associated negligence claims. Catherine is a reporter for the Commonwealth Law Reports and is a director of Barristers Chambers Ltd.
Prior to coming to the Bar, Catherine was a Senior Associate in the Commercial Disputes division of Minter Ellison.
Since coming to the Bar, Catherine has appeared for a wide range of private and government clients (including the State of Victoria, the ATO and the ACCC) in commercial and tax matters in the Supreme Court, the Federal Court, VCAT and the AAT. Refer below for a list of some recent matters.
Catherine holds a doctorate and BCL from the University of Oxford where she studied as a Rhodes Scholar. She is the author of a book on international trade law (The Power to Protect: Trade, Health and Uncertainty in the WTO), has published articles in journals including the Australian Bar Review and taught contract law at the University of Oxford.
Some recent matters
ASIC v Newcrest (2014) 101 ACSR 46 (pecuniary penalty for breach of continuous disclosure provisions).
Asahi Holdings (Aust) Pty Ltd v Pacific Equity Partners Pty Ltd & Ors - acted for the PEP parties in a large misleading or deceptive conduct and breach of directors' duties case, settled.
Commissioner of State Revenue v Lend Lease Developments Pty Ltd - appeal in the High Court (judgment pending) regarding stamp duty payable on transfer of land in multi-faceted development agreements.
Essendon Football Club and Hird v ASADA  FCA 1019 (administrative law action concerning legality of joint investigation between the AFL and ASADA).
Clarke & Ors v Great Southern Finance Pty Ltd (and related class action proceedings in 2012-2013: the Great Southern litigation) - Acted (leading Mark Costello) for the assignee of loans. Awaiting judgment on approval of settlement.
Perfection Fresh Australia Pty Ltd & Ors v Melbourne Market Authority - Acted for the Melbourne Market Authority (led by Karkar QC and Wyles SC) in a group proceeding alleging various unconscionable conduct relating to the move of the wholesale market from West Melbourne to Epping. Settled.
Tabcorp Holdings Ltd v Treasurer of Victoria  VSC 324,  VSCA 143 - acted (led by Young QC) in statutory interpretation case regarding the health benefit levy.
Solsteel Pty Ltd & Anor v Walsh and Nitkins (liquidators) - acted for Applicants in 2013 Federal Court proceeding concerning the application of the Personal Property Securities Act (PPSA). Settled.
Kirby v Centro Properties Ltd & Ors - Acted for Centro in the class actions brought by investors arising from errors in the company's published accounts, including various cross-claims by and against the company's auditors, PwC. Matter settled in May 2012 after 10 weeks in trial.
Acted for the Commissioner in cases relating to GST transitional contracts: MTAA Superannuation Fund (RG Casey Building) v FCT  FCAFC 89, 2012 ATC 20-323; Central Equity Ltd v FCT  FCA 908 (appeal to the Full Court pending).
ASIC v Healey & Ors (2011) 278 ALR 618; (2011) 83 ACSR 484, also  FCA 1003 - Acted for non-executive directors in civil penalty case against non-executive and executive directors and CFO in the liability and penalty phases.
Retained by KPMG in relation to the Westpoint litigation involving allegations of negligence in auditing companies in the Westpoint group (junior to Alan Archibald QC and Mark Moshinsky SC) (settled).
Federal Court appeal in relation to CSR demerger (junior to Neil Young QC): Re CSR Ltd (2010) 183 FCR 358.
Court of Appeal appeal regarding criminal liability of joint venturers for actions in the name of the joint venture: Linfox Resources Pty Ltd v R (2010) VSCA 319
Federal Court appeal in a matter involving allegations of inappropriate conduct by a medical practitioner: Tisdall v Weber  FCAFC 76.
Retained for the State of Victoria in the 2009 Royal Commission into the February 2009 bushfires (April 2009-June 2010).
AAT capital gains tax matter (QFL Photographics Pty Ltd v Commissioner of Taxation  AATA 758).
Supreme Court (Richmond v Peet): quantum meruit claim in development context (junior to Allan Myers QC).
Supreme Court (Biota v Glaxo Group): large commercial litigation regarding promotion of pharmaceuticals (junior to John Karkar QC and Michael Wheelahan SC).
Supreme Court (Merko v Entapac): dispute re fitness for purpose of goods used in commercial manufacture.
Federal Court (Meat & Wine Co v Australand): misrepresentation in commercial leasing context (junior to Matt Connock SC).·
VCAT (Ackermann & Ors v Mornington Peninsula Shire Council): existing use rights case concerning public reserve (junior to Greg Garde QC).
Supreme Court (Regal Hotel v Port Phillip City Council): appeal from VCAT to Supreme Court in a planning matter (junior to Greg Garde QC).
VCAT (Ahmed v Director of Transportation): application for re-instatement of taxi driver's licence and jurisdictional arguments.
Supreme Court (various) statutory demand cases.
Supreme Court appeal in security for costs case (junior to Jim Delany SC).
AAT (Roche Products Pty Ltd v Cmr of Taxation  AATA 639): transfer pricing case (junior to John de Wijn QC and Jenny Davies SC).
Advice and pleadings in various Federal, Supreme and County Court proceedings in areas including restitution, transfer pricing (including advice to large multinational involved in ATO investigation), international trade law (WTO obligations), planning, partnership and joint venture and aspects of the Workcover legislation.
Commercial trials in Magistrates Court.
MEMBERSHIP & ASSOCIATIONS
Barristers' Chambers Limited - Board of Directors *liability limited by a scheme approved under Professional Standards legislation
Barristers' Chambers Limited - Board of Directors
*liability limited by a scheme approved under Professional Standards legislation