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Kate
Anderson

Kate Anderson signed the Bar Roll in November 2000 and has developed a broad general commercial practice involving advice work, pleadings and appearances at trial and on appeal, across all jurisdictions within Victoria, and from time to time interstate.

While Kate has largely appeared on her own, she has been briefed as junior counsel in a number of large matters in the Federal and Supreme Courts. The notable cases include:

Contractual and Corporations matters - Banksia Securities Ltd (recs & mtg appt) (in liq) v The Trust Co (Nominees) Ltd  [2016] VSC 328 on appeal, a preliminary question on the construction of the trust deed in respect of additional remuneration claimed by the trustee following its appointment of receivers; Banksia Securities Ltd (ACN 004 736 458) (Receivers and Managers Appointed) (in Liquidation) v the Trust Company (Nominees) Ltd (ACN 000 154 441) acting on behalf of the liquidators in a corporations insolvency matter (related to the class action commenced by Mr Bolitho) involving a conflict of interest by the trustee following the amalgamation in March 2009 of Banksia and Statewide, two mortgage finance companies based in Kyabram, which amalgamation it is alleged was not in the interests of the Banksia debenture holders and led to the collapse of Banksia in 2012; ASIC v Superannuation Warehouse Australia Pty Ltd [2015] FCA 1167 false and misleading conduct in connection with the supply of financial services by falsely representing on its websites that is provided free SMSF set-up; AGL HP1 Pty Ltd & Ors v Alanvale Pty Ltd & Ors [2012] VSC 192 for an injunction and generally relating to the Macarthur wind farm and property easements; Plenary Research Pty Ltd v Biosciences Research Centre Pty Ltd [2013] VSCA 217 in respect of a contractual interpretation of a reference to arbitration clauseOrrong Strategies Pty Ltd v Village Roadshow Ltd [2007] VSC 1 for the defendant in a 5 month trial re corporations law, legal practice, contractual entitlements; and Thiess Pty Ltd v ConnectEast Nominee Co Pty Ltd [2008] VSC 287 - for ConnectEast on contractual points arising from Eastlink's freeway development.


Competition matters -
 B Capic v Ford Motor Company of Australia Ltd acting on behalf of the respondent to a class action claiming misleading and deceptive conduct and contravention of s 54 of the Australian Consumer Law in respect of certain vehicles fitted with a powershift transmission; ACCC v Neighbourhood Energy Pty Ltd [2012] FCA 1357- regarding unsolicited consumer agreements and do not knock notices; ACCC v Wizard Mortgage Corp Ltd (2002) ATPR 41-903 at trial, misleading conduct in TV advertising; BMW Australia Ltd v ACCC (2004) 207 ALR 452 at first instance and on appeal, s.65C Trade Practices Act; ACCC v Gary Peer (2005) 142 FCR 506 misleading and deceptive conduct, under-quoting property prices; ACCC v Kyloe Pty Ltd (2007) ATPR 42-194 - franchising code; BHP Billiton Iron Ore Pty Ltd v National Competition Council (No 2) [2007] FCA 557 acting for NCC in Part IIIA proceeding for access to Pilbarra railway; advising the ACCC on legal professional privilege relating to a s 155 notice in the Pratt proceedings; acting on behalf of the respondent in Winterford v Pfizer Australia Pty Ltd a class action brought in negligence and under ss 74B, 74D and s 75AD in respect of alleged side effects of a certain pharmaceutical product and acting for Steamships Ltd in respect of a proceding brought against it by the ICCC for an acquisition alleged to substantially lessen competition in PNG.

Public law - briefed by professional bodies in: Kyriackou v Law Institute of Victoria [2014] VSCA 322 confirming the VCAT declaration that the respondent, a lay associate, is a disqualified person following his involvement in trust account defficiencies;  Jonathan Wong v Law Institute of Victoria [2014] VSC 136; Legal Services Commissioner v Nomikos (Legal Practice) [2013] VCAT 1682; Legal Services Commissioner v Sampson (Legal Practice) [2013] VCAT 1177; Legal Services Commissioner v Brott [2008] VCAT 1801 and [2008] VCAT 2399; Brott v LSC [2009] VSCA 55 on appeal; LSC v Brereton [2008] VCAT 1723 and on appeal Brereton v LSC [2010] VSC 378; Sabet v Medical Practitioners' Board [2008] VSC 346 involving the Charter of Human Rights (Vic); also on behalf of Hon John Brumby in Newnham v Davis [2010] VSC 13 in relation to public interest immunity and parliamentary privilege.

Kate is a former Associate to Justice Finkelstein of the Federal Court of Australia.

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

Contact

PH +61 3 9225 8498
Email kateanderson@vicbar.com.au

Chambers: Room 1421
Owen Dixon Chambers West
525 Lonsdale Street
Melbourne 3000

Practice Areas

Appellate
Civil Appeals
Commercial
Real Property
Securities and Investments
Intellectual Property
Insurance
Corporations Law
Contractual Disputes
Corporate Insolvency
Consumer Protection Law
Competition
Bankruptcy
Common Law/Personal Injury
Professional Negligence
Equity
Trusts
Public/Administrative
Judicial Review and administrative law
Disciplinary Proceedings

ADMISSIONS

Admitted to the Legal Profession:
07 Apr 1999
Signed Victorian Bar Roll:
23 Nov 2000

Qualifications

BA (Hons), LLB (Hons)

Also Entitled to Practise in

Federal Court of Australia
High Court of Australia
Papua New Guinea

Committee Memberships

Secretary - Commercial Bar Association - Insurance & Professional Negligence