About Katherine

Katherine is experienced in advising on high value and complex dispute resolution and litigation. She advises commercial organisations across many industries, as well as private clients, on a wide range of disputes. Katherine is an experienced litigator, having conducted proceedings before State and Federal Courts, and the Victorian Court of Appeal, many of which involved complex and multi-faceted factual and legal issues. She has particular expertise with commercial disputes, including claims of misleading and deceptive conduct, oppression and breach of directors duties, and contract related litigation. Katherine has a calm and considered approach and works with her clients to achieve positive commercial outcomes for them, through alternative dispute resolution and through litigation.

Experience

• Supreme Court proceedings

  Acting for a former director and Executive Manager in a Supreme Court proceeding, which is a significant multi-party dispute involving allegations of misleading and deceptive conduct, breach of warranties and breaches of an employment contract, arising out of the sale of a business.
  

• Scheme of Arrangement

  Acted for Kidman Resources Limited in its Federal Court application seeking approval of the $776 million acquisition of Kidman by Wesfarmers by way of a Scheme of Arrangement. Orders were made by the Federal Court approving the Scheme on 12 September 2019.

• Interpretation of property development services agreement

  Acted in a Supreme Court proceeding, regarding the interpretation of a property development services agreement, which also involved issues of estoppel, alleged breaches of directors’ duties and conspiracy, and a referral to a Special Referee.

• Supreme Court proceedings

  Acted for Kidman Resources Limited in Supreme Court of Western Australia proceedings, and successfully defended claims made by Marindi Metals Limited that it had agreed to acquire Kidman’s lithium rights in the Mt Holland Lithium Project in an exchange of emails and text messages. The Court found, within 7 months of the proceeding being commenced, that no binding or concluded contractual agreement was ever reached, and subsequently ordered that Kidman’s costs be paid on an indemnity basis.

• Directors duties breach

  Acted in Supreme Court proceedings against a former director and shareholder in relation to alleged misleading and deceptive conduct, breach of directors’ duties and breach of warranty under a Share Sale Deed.