Dr Kylie Weston-Scheuber practises primarily in commercial law.
Kylie has a range of commercial law experience, including in the areas of building and construction (particularly Security of Payments), banking and finance, insurance, contractual disputes and corporations. She also advises and appears in administrative law matters, both judicial review and merits review, and in matters involving regulatory compliance.
Kylie is listed in Doyles Guide as a Recommended Construction and Infrastructure Junior Counsel in Victoria (2018).
Before and after coming to the Bar she has also appeared as counsel (unled) in numerous jury trials involving charges ranging from sexual assault and attempted murder to grievous bodily harm, armed robbery, attempting to pervert the course of justice and obtaining benefit by deception.
Recent appearances and matters include:
Frueauf Services Pty Ltd & Anor v Sportscover Australia Pty Ltd  VCC 2105: claim against insurer for breach of contract by failure to provide indemnity under industrial special risks policy
Thurin v Krongold Constructions (Aust) Pty Ltd (Building and Property)  VCAT 1756: application for joinder of parties in complex domestic building dispute (led by Peter Murdoch QC and Jeremy Twigg QC)
3D Flow Solutions v LTP Armstrong  VCC 674: claim for summary judgment pursuant to s 16(2) of the Security of Payments Act (unled)
South City Plaster v Modscape  VCC 1576: claim for summary judgment pursuant to s 16(2) of the Security of Payments Act (unled)
R v Howell  ACTSC 155: jury trial and subsequent sentence of off-duty police officer convicted of assault occasioning actual bodily harm (prosecution, unled)
R v Ivanisevic (ACTSC, May 2017): jury trial on charge of attempted murder (defence, unled)
R v Will  ACTSC 356: stay application by accused based on prior compulsory examination by Australian Crime Commission (for ACTDPP, unled)
Laidlaw Holdings Pty Ltd & Anor v Fieschi & Ors  VCC 1598: claim for restitution in joint venture dispute (led by Jeremy Twigg QC)
SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd  VSC 631: judicial review in Security of Payments matter (led by Jeremy Twigg QC)
Wilson v Building Commission of Victoria  VSC 629: judicial review application in building prosecution (unled)
D'Aquino & Ors v Trovatello & Ors  VSCA 78: appeal against summary dismissal, involving continuing nuisance and limitation issues in a building and construction context (led by Jeremy Twigg QC)
Curnow v Giles; Giles v Curnow  VSCA 70: appeal in defamation action involving issues of sufficiency of damages and costs (led by John Ribbands)
Daunt v Daunt  VSCA 706: appeal involving claim of property held on constructive trust, standing of disappointed contingent beneficiary (led by Matthew Harvey)
Slipper v Turner  ACTSC 27: appeal against conviction on charges of dishonestly obtaining Parliamentary benefit (unled)
BreakFast Investments Pty Ltd v Gravity Ventures Pty Ltd: acting for a defendant in relation to an unjust enrichment claim in the Supreme Court (settled at trial) (unled)
Slipper v Magistrates Court of the ACT & Others  ACTSC 85: judicial review of Magistrates' Court decision involving issues of Parliamentary privilege (unled)
Inquest into the death of Ling Gong Tang (Coroners’ Court of Victoria, 9 Dec 2014): representing the family of the deceased in inquest into death in custody (led by Dyson Hore-Lacy SC)
Prior to coming to the Bar, Kylie worked for the ACT Government, where she appeared unled as counsel in a number of jury and judge-alone trials, complex applications, appeals and sentences in the ACT Supreme Court, and as junior counsel in the Court of Appeal. She also oversaw the regulatory practice of the ACT DPP, providing and coordinating advice in relation to complex regulatory prosecutions.
Kylie previously worked in the Infrastructure Division at Allens Arthur Robinson in Brisbane, providing advice in relation to contractual, environment and planning, taxation and regulatory compliance aspects of major infrastructure projects. She was the associate to Justice Margaret White of the Supreme Court of Queensland.
Kylie has a PhD in law from the ANU, and Bachelor Degrees in Music, Arts and Law. She was awarded the University Medal for Music (QUT) and Law (UQ).
She is the current convenor of the Women Barristers Association and former Co-Chair of the Bar's Student Engagement Committee.
Kylie is also a member of BottledSnail Productions, which produces musical and theatrical productions involving members of the legal profession. She produces the successful Lyrical Lunchtimes series of free concerts held in the Law Library once a month.
Kylie participated in the Court of Appeal Advocacy Program in August 2018, coordinated by her Honour Justice Tate of the Court of Appeal in conjunction with Women Barristers Association.
Kylie has published articles in a number of refereed law journals including the Deakin Law Review and QUT Law and Justice Journal. She is the co-author of Principles of International Humanitarian Law (co-author Jonathan Crowe), published by Edward Elgar. Details of the book are available on the Edward Elgar site:
She regularly presents at conferences and seminars on a variety of commercial law topics, most recently in relation to termination of contracts and security of payments legislation.
Recent articles and blog posts by Kylie:
"Security of Payments update: High Court affirms scope of review limited to jurisdictional error" (Commbar matters, 5 March 2018)
"Security of Payments: Interesting Developments across the Nation: (presented with Bridget Slocum at Greens List breakfast seminar, August 2017)
"Security of Payment Update: NSWCA rules out judicial review for non-jurisdictional error of law" (Commbar matters)
"Recent Developments in Relation to the Security of Payments Regime" (presented at Greens List breakfast seminar, October 2016)
"Where a negligent service provider fails to protect the lender's interests in a loan transaction" (2013) 2 JCivLP 153