Division of Bar Roll:
Victorian Practising Counsel
Qualifications:
BEc/LLB (Hons), LLM (Legal Practice)
Accepts briefs from in-house counsel Profile:
Profile:
Kylie practises in public and administrative law. She acts for government and private clients.
Her public law practice includes advising and acting on behalf of or against State and Commonwealth Government entities. She has particular expertise in judicial review of administrative decisions and actions (primarily migration decisions). Her practice has a strong advocacy focus and she appears in trial and appellate courts and tribunals both led and unled.
Kylie was an experienced solicitor before coming to the Bar. Kylie was a Senior Lawyer at Australian Government Solicitor in the Administrative Law and Law Enforcement teams, where she regularly appeared as solicitor advocate. Kylie was previously an in-house lawyer at the Australian Crime Commission.
Kylie read with Raelene Sharp KC and her senior mentor is Dan Star KC.
Recent cases:
Judicial review/administrative law
- LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 - Appeal concerning materiality of errors. Led by Nick Wood SC, for the Appellant.
- Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 13 - Appeal concerning construction of the AAT Act. Led by Nick Wood SC, for the Respondent.
- Save the Children Australia v Commonwealth [2023] FCA 1343 - habeas corpus. Led by Craig Lenehan SC, with Chris Tran and Melinda Jackson.
- Okoh v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 53 - judicial review. Led by Nick Wood SC, for the Minister.
- Azimitabar v Commonwealth [2023] FCA 760 – Damages claim for unlawful detention involving statutory construction and constitutional arguments. Led by Graeme Hill SC and Andrew Yuile, for the Commonwealth.
- Zhang v Australian Information Commissioner [2023] FCA 132 - judicial review of Privacy Act decision. Unled, for the Respondent.
- Miller v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 183 – statutory construction of the AAT Act. Led by Nick Wood SC, for the Minister.
- LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 810 and [2023] FCAFC 64 – judicial review of visa cancellation concerning misconstruction of applicable law and appeal. Led by Nick Wood SC, for the Applicant/Appellant.
- CTW23 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 4 - judicial review of visa cancellation. Unled, for the Minister.
- Singh v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 1046 - judicial review of visa cancellation concerning misconstruction of applicable law. Unled, for the Minister.
Merits review
- Inskip v Medical Board of Australia [2022] VCAT 794 - Merits review of conditions imposed by Medical Board of Australia on practitioner’s registration. Unled, for the Medical Board of Australia.
- Kotler v Medical Board [2023] VCAT 364 - Merits review of conditions imposed by Medical Board of Australia on practitioner’s registration. Unled, for the Medical Board of Australia.
- TXCM v Minister for Immigration, Citizenship and Multicultural Affairs [2022] AATA 2820 – Merits review of visa cancellation. Unled, for the Minister.
- KZHP v Minister for Immigration, Citizenship and Multicultural Affairs [2024] AATA 631 - Merits review of visa cancellation. Unled, for the applicant (pro bono).
Information protection/FOI/Privacy
- Zhang v Australian Information Commissioner [2023] FCA 132 – judicial review of a decision made under the Privacy Act 1988 (Cth). Unled, for the Respondent.
- Public interest immunity claims in criminal proceedings in all Victorian courts for a variety of State and Commonwealth agenices.
- Acting for various government agencies in the all Victorian courts in applications made under the Open Courts Act 2013 (Vic).
- Advising on potential release of documents under the Freedom of Information Act 1982 (Cth) and Freedom of Information Act 1982 (Vic). Acting both for and against decision-makers in FOI merits reviews in the AAT.
Criminal/quasi-criminal
- Appearing for the Victorian Building Authority in summary criminal prosecutions under the Building Act 1993 (Vic).
- Appearing for the Commissioner of the Australian Federal Police in an application for forensic procedure orders.
- Appearing for the AFP in control order applications.
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.