Katherine Driscoll

Senior Associate

About Katherine

Katherine specialises in historical abuse matters. She has acted in numerous matters, on behalf of institutional clients across various jurisdictions, family members in coronial inquests and appearing in the Coroner’s Court of New South Wales and instructing Counsel during coronial inquests.

She has also acted for insurers in the defence of litigated and un-litigated claims alleging abuse, investigating and advising on prior knowledge, considering indemnity matters, negotiating contributions from other organisations and offenders, preparing evidence including witness statement and affidavit evidence in support of applications for permanent, managing relationships between insurer and insureds, briefing suitable experts, court appearance at the Supreme Court of NSW and appearances at mediations and informal settlement conferences.

Katherine has previously managed a large and diverse personal injury practice in excess of 150 files including various public liability, medical negligence, workers compensation, work injury damages and total permanent disablement claims.


  • Liability litigation

    Institutional abuse claims – Acting on behalf of the NSW Department of Communities and Justice and NSW Department of Education in respect of claims relating to child sexual and physical abuse alleged to have occurred across a number of settings (e.g. in government schools, detention centres, foster care). In line with the NSW Government policies, attempts are made to resolve these matters as quickly as possible and without re-traumatising survivors through unnecessary medical assessments or drawn out legal proceedings.

  • Liability litigation experience in previous roles
    • Acting on behalf of various Catholic institutions in the defence of litigated and non-litigated historical abuse claims alleging abuse in schools, children’s homes, or otherwise in the context of religious parishes, dioceses and orders.
    • Investigating and advising on prior knowledge, considering indemnity matters such as policy erosion, uninsured components and negotiating apportionment and contribution with insured, other organisations and offenders.
    • Preparing evidence including witness statements and affidavit evidence in support of applications for permanent stay of proceedings in relation to historical abuse matters.
    • Personal injury claims – Acting on behalf of individual claims in a broad range of personal injury claims including pursuing CTP claims, negligence claims against employers and negligence claims against hospitals and other health providers involving issues such as multiple tortfeasors, contributory negligence and insurance policy interpretation.
  • Royal Commissions, Inquiries and Investigations
    • Inquest into the death of BH – Acting in an inquest involving the death of a teenage boy as a result of complications of inhaled chemicals from an aerosol deodorant can. This inquest considered the manner and cause of death and whether or not the actions taken by the manufacturer in response to the practice of inhalation of aerosol deodorant were adequate and best methods for educating young people about the dangers of volatile substance use.
    • Inquest into the death of CC – Acting in an inquest involving the death of a young girl at a leading children’s hospital. This inquest considered whether or not the care provided to the young girl was adequate and whether death could have been avoided.

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