Division of Bar Roll:
Victorian Practising Counsel
Accepts briefs from in-house counselProfile:
Kateena has a BCL from Oxford University, where she studied as a Rhodes Scholar, and was associate to Justice McHugh for his final year on the High Court of Australia. Kateena was called to the Bar in Queensland in 2009, before coming to the Victorian Bar in 2013. Prior to that, Kateena was Lecturer in Corporate Law at Queen Mary, University of London. Kateena has a broad practice, where she regularly appears led and unled, with a focus on commercial litigation, public law, environmental law and tax.
Kateena's cases include:
Public Law:
- Acting for Victoria in High Court litigation concerning the validity of the Lockdown Directions: Gerner v State of Victoria (led by Kris Walker, Solicitor-General for Victoria, Craig Lenehan SC and with Tom Wood).
- Acting for the applicant in Federal Court proceedings concerning the invalidity of the Robodebt scheme (led by Peter Hanks QC with Glyn Ayres).
- Acting for the Attorney-General for the State of Victoria intervening appeals to the High Court, for example:
- An appeal concerning section 2 of the New South Wales Constitution Act 1855 (NSW) (led by the Solicitor General for Victoria, Richard Niall QC): New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50.
- An appeal concerning the constitutional validity of South Australian sentencing laws: KMC v Director of Public Prosecutions [2020] HCA 6 (led by Kris Walker, Solicitor-General for Victoria).
- Acting for the Attorney-General of the Commonwealth intervening in Awabdy v Electoral Commission of Queensland (ongoing) in the Queensland Court of Appeal concerning the Commonwealth's exclusive power to regulate federal elections (led by the Commonwealth Solicitor-General).
- Acting for the Attorney-General (Cth) in Federal Court litigation concerning the International Transfer of Prisoners Act 1997 (Cth) (led by Stephen Lloyd SC).
- Acting for the former Lord Mayor, Mr Robert Doyle, in proceedings against the CEO of the Melbourne City Council concerning the CEO's investigation into allegations made against Mr Doyle.
- Acting for the Commonwealth Bank in proceedings concerning the Privacy Act (unled).
Commercial law:
- Acting for United Petroleum Australia Pty Ltd in United Petroleum Australia Pty Ltd v Herbert Smith Freehills [2018] VSC 347 concerning a prospective IPO in relation to the United Petroleum business, instructed by Gilbert + Tobin (led by Allan Myers QC and M Wyles QC).
- Acting for Glencore International AG in various parts of the proceedings in Cargill Australia Ltd v Viterra Malt Pty Ltd (ongoing) concerning the sale of the Joe White business to Cargill Inc instructed by King & Wood Mallesons (led by Allan Myers QC, Suresh Senathirajah QC, Stephen Parmenter QC).
- Acting in proceedings concerning inducement to breach contract and breach of confidence between two ATM providers instructed by Ashurst (led by Chris Caleo QC): DC Payments Australasia Pty Ltd v Next Payments Pty Ltd.
- Acting for ANZ in proceedings in the Supreme Court of Victoria against another large bank concerning claims under a tax indemnity deed instructed by Ashurst (unled).
- Acting for Westpac in proceedings in the Federal Court concerning financial services instructed by Ashurst (unled).
- Acting for OZ Minerals Ltd in a shareholder class action in the Federal Court instructed by Freehills (led by Michael Garner QC with Rob Craig).
- Acting for Liberty Financial Group in proceedings in the Supreme Court of Victoria instructed by MinterEllison (led by Chris Caleo QC).
- Acting for a landowner in a dispute with a property developer (led by Stewart Anderson QC): Re Premier Bay Pty Ltd [2018] VSC 168.
- Acting for a former investor in an insolvent timber investment vehicle in proceedings in the Supreme Court of Victoria (unled): Willmott Finance Pty Ltd v Caling.
- Acting for the defendants in proceedings in the Federal Court concerning trade marks: Mantra Group Pty Ltd v Tailly Pty Ltd [2010] FCA 66 (unled).
Arbitrations:
- Acting for a listed pharmaceutical company in arbitration proceedings instructed by MinterEllison (led by Chris Caleo QC).
- Acting for a gas company at gas arbitrations (led by Michael Borsky QC).
- Acting for parties in a sugar arbitration (led by GA Thompson QC, now Solicitor-General of Queensland).
Regulatory and Corporate:
- Acting for a foreign exchange trader in Federal Court proceedings brought by ASIC (led by Chris Archibald QC).
- Advising ASIC in respect of a large investigation (led by Jim Peters QC).
- Appearing in Federal Court and Supreme Court proceedings concerning schemes of arrangement, including unit trust schemes (unled): eg, Wellcom Group Limited, in the Matter of Wellcom Group Limited [2019] FCA 1655.
Insolvency:
- Acting for the State of Victoria and the EPA in proceedings against the liquidators of a company in respect of the waste stockpile at Lara, Victoria (instructed by Corrs Chambers Westgarth and led by Mr P Crutchfield QC): In the matter of The Australian Sawmilling Co Pty Ltd (in liq).
- Appearing at liquidators' public examinations.
- Advising directors of insolvent companies in respect of liabilities arising out of the liquidation.
- Advising the ATO in respect of DOCAs.
Criminal and Quasi-Criminal:
- Acting for the Director of Public Prosecutions in the appeal to the High Court of Australia concerning the DPP's duty of disclosure in relation to Lawyer X; AB v CD [2018] HCA 58.
- Acting for the Director of Public Prosecutions in criminal appeals: Cvetanovski v R [2020] VSCA 272; Tony Mokbel v R (led by the Chief Crown Prosecutor).
- Counsel-assisting IBAC in examinations (unled).
- Acting for IBAC in litigation in the Supreme Court of Victoria and the Court of Appeal concerning ongoing investigations (unled).
- Acting for various nation states in proceedings to extradite persons arrested under extradition arrest warrants under the Extradition Act 1988 (Cth) (unled), for example:
- Providing advice in respect of the Proceeds of Crime Act 2002 (Cth).
- Ghodskani v United States of America [2018] FCA 14; Castle v United States of America [2018] FCA 931; [2018] FCA 1079; Reyes v United States of America [2020] FCAFC 14;
- Acting for Bosnia and Herzegovina in a proceeding concerning the interpretation of the Extradition Act 1988 (led by Stephen Donaghue QC in the FCFCA and unled in the FCA): Traljesic v Bosnia and Herzeovina [2017] FCAFC 70; [2016] FCA 383.
- Providing advice in respect of the Proceeds of Crime Act 2002 (Cth).
Environmental law:
Tax:
- Acting for the taxpayer in proceedings in the Supreme Court of Victoria concerning director penalty notices.
- Acting for the taxpayer in proceedings in the Administrative Appeals Tribunal.
- Acting variously for the taxpayer and for the Commissioner of State Revenue in a number of proceedings concerning the foreign purchaser additional duty (for land tax and duties).
- Acting for the Commissioner of State Revenue in proceedings concerning the validity of assessments for land tax (led by Phil Solomon QC): Vasiliades v Commissioner of State Revenue [2016] VSC 544.
- Acting for a large retailer of electrical equipment in proceedings in the Supreme Court of Queensland against the Office of State Revenue, Queensland concerning payroll tax (led by Jennifer Batrouney QC).
- Acting for the Commissioner of State Revenue in various VCAT proceedings (with and without a leader).
- Providing various advice to the ATO and SRO in relation to proposed legislative reform.
Royal Commissions:
- Acting for Crown Hotels at the Inquiry into Hotel Quarantine (led by David Batt QC).
- Acting for the Director of Public Prosecutions in the Royal Commission into the Management of Police Informants.
- Junior counsel for the Commonwealth in the Queensland Floods Commission of Inquiry (led by F McLeod SC).
- Acting for a class of businesses in the Royal Commission into the Home Insulation Program (led by Michael Windsor SC).
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.