Katharine has a broad practice across public, commercial and criminal law. Katharine is regularly briefed as junior counsel in matters involving complex issues of law and evidence, and also appears unled in various courts and tribunals.
Before joining the Bar, Katharine was an associate to the Hon Justice Gageler AC (now Chief Justice) at the High Court of Australia. She was previously a Senior Solicitor at the Office of Public Prosecutions, and a Solicitor at the Victorian Government Solicitor’s Office.
Katharine holds a Master of Laws from Duke University, and is a sessional lecturer in the postgraduate programs at Melbourne and Monash Universities. She has also worked at the Center for Constitutional Rights in New York City and the Duke Law Innocence Project in North Carolina.
A selection of recent cases in which Katharine has been briefed is listed below, with a complete list located under the 'cases' tab.
- Dann & Anor v CEO Housing (Federal Court of Australia, ongoing) — class action concerning remote housing conditions in the Northern Territory with causes of action in contract, consumer law and discrimination, led by Lachlan Armstrong KC with Matthew Albert and Joshua Creamer.
- Athwal v State of Queensland [2023] QCA 156 — successfully argued that provision prohibiting initiated Sikhs from carrying Kirpans in schools was invalid on the basis that it contravened s 10 of the Racial Discrimination Act, led by Ron Merkel KC with Matt Jackson.
- Baggaley v The Queen [2023] QCA 239 — successful appeal against conviction for attempted importation of a commercial quantity of a border controlled drug, led by Saul Holt KC.
- Harkness v Banks & DPP & Anor (Supreme Court of Victoria, ongoing) — representing the DPP in a listing of a separate constitutional question concerning whether a decision to withdraw a prosecution is amenable to judicial review, led by Rowena Orr SC.
- Australian Society of Otolaryngology Head and Neck Surgery Limited v Ahpra (Federal Court of Australia, ongoing) — representing Ahpra in proceeding raising jurisdictional questions about the existence of a 'matter' and the exercise of discretion to grant declaratory relief in respect of criminal and regulatory offence provisions, led by Saul Holt KC
- Waratah Coal v Youth Verdict & Ors (No 6) 2022 QLC 21 — successfully opposed the approval of a new coal mine on grounds including climate change impacts and human rights, led by Saul Holt KC with Emrys Nekvapil SC and Kasey McAuliffe Lake.
- Save the Children Australia v Minister for Home Affairs [2023] FCA 1343 — acted for Save the Children seeking writs of habeas corpus for Australian women and children detained in North East Syria, led by Peter Morrissey SC and Emrys Nekvapil SC, with Rachael Taylor, Nicholas Petrie and Jessie Smith (foreign counsel assisting).
- Badger v Bayside City Council [2022] VSC 140 — urgent proceedings about whether corflute signs on residential properties breached State-wide planning scheme and whether the scheme was an impermissible burden on the implied freedom of political communication, with Emrys Nekvapil.
- Goodrich v Kilmore Racing Club Inc & Racing Victoria Ltd (Supreme Court of Victoria, resolved) — trial involving allegations of breach of contract and breach of statutory duty, with Matthew Hooper.
- IBAC v The Age (resolved) — breach of confidence proceedings seeking equitable relief, led by Emrys Nekvapil SC.
- Asmar & Ors v Albanese [2022] VSCA 19; [2022] HCASL 71 — urgent proceeing concerning the Electoral Act and trusts law, led by Ron Merkel KC, with Emrys Nekvapil and Colette Mintz, and on application for expedition for special leave to appeal, led by Ron Merkel KC and Noel Hutley SC, with Emrys Nekvapil and Colette Mintz.
- Tasmania Police v Bennell (Hobart Magistrates’ Court) — successfully defended client against criminal charges in test case concerning the legality of Bob Brown Foundation protests in the Tarkine, led by Chris Gunson SC.
- Regularly briefed unled in proceedings under the Serious Offenders Act in the Supreme and County Courts.
In 2023, Katharine was awarded the The Daniel Pollak Readers Award for outstanding achievement in pro bono advocacy.
Katharine read with Emrys Nekvapil, now SC, and her senior mentor is Peter Morrissey SC.