Kathleena is a Special Counsel in the Dispute Resolution and Litigation team at Maddocks.
Kathleena offers broad experience in general commercial litigation, dispute resolution and insolvency, across many industries, for a range of commercial and private clients. Her areas of practice include contractual disputes, corporations law matters including directors' disputes and shareholder oppression claims, property disputes, protection of confidential information and intellectual property, insolvency disputes and applications, debt recovery and enforcement. In recent times she has assisted in regulatory investigations and actions and a Royal Commission inquiry.
Kathleena has specific expertise in project management of large-scale and complex litigation including multiple parties, multiple concurrent proceedings, as well as running urgent injunctions. She is known for handling high stakes and time sensitive matters very well.
General commercial litigation
- Acted for a large Australian property developer in the Supreme Court of Victoria in a contractual dispute relating primarily to easement rights and damages, and separately advised in relation to third party interference in commercial arrangements and threatened confiscation of land.
- Acted for an international defence contractor in the Supreme Court of Victoria in relation to a Commonwealth of Australia tender bid and dispute with prime contractor. This was primarily a contractual dispute (express and implied terms) with interlocutory issues concerning international security and confidentiality, large-scale e-discovery and related matters.
- Acted for a high net worth individual in a complex estate matter involving multiple proceedings and issues involving:
- specific performance in the context of commercial agreements and estate decisions;
- shareholder oppression;
- breach of directors and fiduciary duties;
- breaches of joint venture agreements;
- Acted for an individual director and his entities in respect of property development and joint venture disputes, which involved multiple concurrent proceedings in State and Federal jurisdictions. The issues included: breach of directors' duties, shareholder oppression, breach of contract (express and implied terms), and constructive trust claims.
- Acted for an applicant to protect and prevent publication of their confidential and sensitive information. This matter required five separate urgent hearings for injunctive relief to trace the distribution of the subject document and prevent the recipients from publishing or distributing it further. Orders were obtained against a total of 20 different recipients, including two Australian news publishers.
Acted for a liquidator and co-director against a director of the liquidated company in the Supreme Court of Victoria in relation to breaches of directors' duties, alleged phoenix activity, fraud and Barnes v Addy claim against a third party.
Regulatory matters and inquiries
Acted for various individuals compelled by the ACCC and ASIC to produce documents and attend examinations