Katharine has a broad practice spanning public, commercial and criminal law. She is regularly briefed as junior counsel in cases involving complex issues of law and evidence and also appears unled.
Before joining the Bar, Katharine was an associate to the Hon Justice Gageler AC (now Chief Justice) at the High Court of Australia. She was previously a Senior Solicitor at the Office of Public Prosecutions, and a Solicitor at the Victorian Government Solicitor’s Office.
Katharine holds a Master of Laws from Duke University. She has also worked at the Center for Constitutional Rights in New York City and the Duke Law Innocence Project in North Carolina.
A representative sample of recent cases is listed below, with a complete list located under the 'cases' tab.
- Harkness v Banks & DPP & Anor (Supreme Court of Victoria, reserved): Constitutional law — Amenability of prosecutorial decisions to judicial review — Led by Rowena Orr SC, Solicitor-General for Victoria (written submissions) and Alistair Pound SC, Solicitor-General for Victoria (oral hearing)
- Athwal v State of Queensland [2023] QCA 156: Racial Discrimination Act — Constitutional Law — Validity of a statutory provision prohibiting initiated Sikhs from carrying Kirpans in schools — led by Ron Merkel KC with Matt Jackson
- Dann & Anor v CEO Housing (Federal Court of Australia, ongoing): Class actions — Consumer law — Contracts — Discrimination — Conditions of remote housing in the Northern Territory — led by Lachlan Armstrong KC with Matthew Albert and Shawn Rajanayagam
- Australian Society of Otolaryngology Head and Neck Surgery Limited v Ahpra (Federal Court of Australia, reserved): Constitutional law — Declaratory relief — Health Practitioner Regulation National Law — Constitutional requirement for a 'matter' — availability of declaratory relief in respect of criminal offence provisions — led by Saul Holt KC
- Baggaley v The Queen [2023] QCA 239: Appellate crime — Conviction appeal — attempted importation of a commercial quantity of border controlled drug — led by Saul Holt KC
- Save the Children Australia v Minister for Home Affairs [2024] FCAFC 81: Habeas Corpus — Detention of citizens abroad — led by Peter Morrissey SC and Emrys Nekvapil SC, with Jim Hartley, Rachael Taylor and Nicholas Petrie
- Save the Children Australia v Minister for Home Affairs [2023] FCA 1343: Habeas Corpus — Detention of citizens abroad — led by Peter Morrissey SC and Emrys Nekvapil SC, with Rachael Taylor and Nicholas Petrie
- Waratah Coal v Youth Verdict & Ors (No 6) 2022 QLC 21: Environmental law — Human Rights Act — Climate change impacts of coal mine approval — led by Saul Holt KC with Emrys Nekvapil SC and Kasey McAuliffe Lake
- Psychology Board of Australia v Nudds [2024] VCAT 67: Health Practitioner Regulation National Law — unled
- DPP v XG (2023) VSC 127 — Criminal law — Serious Offenders Act — Plea — unled
- DPP v MTE (2023) VSC 162: Criminal law — Serious Offenders Act — Plea — unled
- Buckley v The King [2022] HCATrans 234: Criminal law — Mandatory sentencing — Statutory construction — led by Saul Holt KC with Paul Smallwood
- Badger v Bayside City Council [2022] VSC 140: Constitutional law — Planning scheme — Implied freedom of political communication — with Emrys Nekvapil
- Tasmania Police v Bennell (Hobart Magistrates’ Court): Criminal law — Constitutional law —Bob Brown Foundation protests test case— led by Chris Gunson SC
- Goodrich v Kilmore Racing Club Inc & Racing Victoria Ltd (Supreme Court of Victoria, resolved): Contract — Breach of statutory duty — Rules of racing — with Matthew Hooper
- Goodrich v Kilmore Racing Club & Racing Victoria Ltd [2022] VSC 803: Leave to amend pleadings — unled
- IBAC v The Age (Supreme Court of Victoria, resolved): Equity — Breach of confidence — led by Emrys Nekvapil SC
- Asmar & Ors v Albanese [2022] VSCA 19: Electoral Act — Equitable relief — Trusts — led by Ron Merkel KC, with Emrys Nekvapil and Colette Mintz
- Asmar & Ors v Albanese [2022] HCASL 71: Special leave — Electoral Act — Equitable relief — led by Ron Merkel KC and Noel Hutley SC, with Emrys Nekvapil and Colette Mintz.
Katharine is also regularly briefed to provide advice. Recent examples include advices on: the implied freedom of political communication, parliamentary privilege, whistleblowing protections, environmental law, First Nations cultural rights, disability and race discrimination, regulatory prosecutions, legislative proposals and criminal law.
In 2023, Katharine was awarded the The Daniel Pollak Readers Award for outstanding achievement in pro bono advocacy.
Katharine read with Emrys Nekvapil, now SC, and her senior mentor is Peter Morrissey SC.