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, 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.
Recent appearances and matters include:
Laidlaw Holdings Pty Ltd & Anor v Fieschi & Ors  VCC 1598: claim for restitution in joint venture dispute (led by Jeremy Twigg QC)
Donohue v Building Practitioners Board (No 2)  VCAT 1593: costs argument in disciplinary matter (unled)
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)
JG King v Adiel Property Holdings  VCC 1600: application for summary judgment in Security of Payments matter (led by Jeremy Twigg QC)
Slipper v Turner  ACTSC 27: appeal against conviction on charges of dishonestly obtaining Parliamentary benefit (unled)
Saeedi v Carnell  ACTSC 84: acting for the DPP on appeal against conviction for regulatory offences (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)
Unled applications in the Victorian Supreme, County and Magistrates Courts, and VCAT.
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).
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.
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Recent articles and blog posts by Kylie:
"Recent Developments in Relation to the Security of Payments Regime" (presented at Greens List breakfast seminar, October 2016)
"Representees in Equitable Estoppel Cases will get what they were promised ... if they can prove it"
"The 'Reasonable Endeavours' of an Obligee under a business contract may include its business interests"
"A wider ambit for the unreasonable director-related transactions provisions of the Corporations Act?"
"Where a negligent service provider fails to protect the lender's interests in a loan transaction" (2013) 2 JCivLP 153
Clarification of the test for summary judgment in Victoria