Division of Bar Roll:
Victorian Practising Counsel
Accepts briefs from in-house counsel Profile:
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 Lecturer in Corporate Law at Queen Mary, University of London. Kateena has a broad practice, with a focus on commercial litigation, public 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 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 (unled).
- Acting for the Commonwealth Bank in proceedings concerning the Privacy Act (unled).
Commercial law:
- Acting for the respondents in a class action concerning Roundup (led by Steven Finch QC and Rob Craig QC).
- Acting for the plaintiff in respect of a misleading and deceptive conduct claim arising out of a large acquisition (led by Matt Collins QC).
- 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: DC Payments Australasia Pty Ltd v Next Payments Pty Ltd (led by Chris Caleo QC).
- 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: Re Premier Bay Pty Ltd [2018] VSC 168 (led by Stewart Anderson QC).
- 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).
Regulatory and Corporate:
- Acting for RI Advice in ASIC proceedings concerning cyber security (led by S Finch QC).
- Acting for a foreign exchange trader in Federal Court proceedings brought by ASIC (led by Chris Archibald QC).
- Advising ASIC in respect of large investigations (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:
- 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 criminal appeals (led by the Chief Crown Prosecutor): Cvetanovski v R [2020] VSCA 272; Tony Mokbel v R .
- 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:
- 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) (led by S Donoaghue QC).
Environmental law:
- Acting for Amcor Ltd in proceedings in the Supreme Court of Victoria (instructed by Gilbert + Tobin and led by David Collins QC and then A Monichino QC) concerning the cost of remediating contamination at the Alphington Paper Mill Site and in proceedings concerning allegations of professional negligence of an environmental consultant: Amcor Ltd v Peter J. Ramsay & Associates Pty Ltd.
- Acting for the administrators of a mining company in proceedings in the Planning and Environment Court, Queensland for alleged contraventions of the Environmental Protection Act 1994 (Qld) (instructed by DLA Piper, led by GA Thompson QC).
- Acting for a large property developer in relation to judicial review of a decision of the Minister for the Environment and Energy (led by Gavan Griffith QC).
- Acting for a class of fishermen and associated businesses in a class action in the Planning and Environment Court against the Gladstone Ports Corporation and the State of Queensland concerning alleged pollution of the Gladstone Harbour that caused the destruction of the Gladstone fishing industry (led by Mr M M Stewart QC).
- Acting for the MFESB concerning historical contamination at the Burnley site (instructed by Thomson Geer and led by Ms F McLeod SC).
Tax:
- Acting for the taxpayer in proceedings in the Supreme Court of Victoria concerning director penalty notices (led by Jennifer Batrouney QC).
- 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 (led by C Caleo QC).
- 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.