Dr Kylie Weston-Scheuber has a broad commercial law practice, with particular experience in the areas of contractual disputes, building and construction (including Security of Payments), consumer law, insurance, property law and corporations. She also has experience in environmental law.
Kylie has recently appeared or advised in matters in the Federal Court, Court of Appeal, Supreme and County Courts, involving issues including breach and termination of contract, adverse possession, prescriptive easements, estoppel, damages for delay, building defects, proportionate liability, Constitutional law, statutory construction, security of payment claims, misleading and deceptive conduct, unconscionable conduct, oppression, insurance indemnities, and unjust enrichment.
Building and construction
Kylie has a significant building and construction practice, and has appeared for builders, architects, engineers, building surveyors and owners corporations in a range of construction disputes, including defective works, combustible cladding and claims for payment.
Coronial, royal commission, criminal and disciplinary proceedings
In addition to her commercial practice, Kylie has experience in coronial and royal commission matters. She acted as junior counsel in the Victorian Royal Commission into Management of Police Informants in 2020 and appeared as part of a team of counsel appearing for the families in the Bourke Street inquest. She has appeared as counsel assisting the Architects Tribunal and the Building Practitioners Board. She also has experience in complex criminal matters, recently appearing for both prosecution and defence in matters before the High Court, ACT Court of Appeal and ACT Supreme Court.
Prior to coming to the Bar
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). Prior to coming to the Bar, she was a senior advocate with the ACT Office of the DPP, and before that was a Supreme Court judge's associate in Queensland, worked at Allens Arthur Robinson in Brisbane and at the Commonwealth DPP in Canberra.
She is the former convenor (2017-2020) and current committee member of the Women Barristers Association. Outside of the Bar, she is a current board member of Gasworks Arts Project and a director of the Victorian Homeless Fund. She is a Graduate of the Australian Institute of Company Directors. Kylie also regularly reports for the Victorian Reports.
Kylie is listed in Doyle's Guide as a Recommended Construction and Infrastructure Junior Counsel in Victoria for 2023 and has previously been listed in Doyles Guide nationally and for Victoria for the past 6 years.
Kylie read with Matthew Harvey QC
Kylie is also a member of BottledSnail Productions, which produces musical and theatrical productions involving members of the legal profession.
Appearances and judgments in the last five years include:
UIL (Singapore) Pte Ltd v Wollongong Coal Limited [2023] FCA 1578 (12 December 2023) (led by M Harvey KC in a dispute over legal professional privilege and waiver
Ripani v Century Legend Pty Ltd (No 3) [2023] FCA 812 (18 July 2023) (led by G Costello KC in an application on the scope of a retrial following successful appeal - misleading or deceptive conduct)
VicForests v Environment East Gippsland Inc [2023] VSCA 159 (27 June 2023) (led by J Korman in an appeal by VicForests against the outcome of trial involving interpretation of regulatory requirements and the necessary equity to grant injunctive relief)
R v Dowden-Carlisle [2023] ACTSC 169 (7 July 2023) (appearing for the offender on sentence for murder)
Krongold v Thurin [2023] VSCA 191 (led by J Twigg KC and with M Hosking in a referral to the Court of Appeal concerning the interpretation of the power of VCAT to refer matters to the Courts, and the interaction with the Limitation of Actions Act)
Thurin v Krongold [2022] VSCA 226 (led by J Twigg KC and with M Hosking and C Dawlings in a referral of questions to the Court of Appeal on VCAT's jurisdiction)
Environment East Gippsland v VicForests [2022] VSC 668 (led by J Korman in an environmental action enforcing regulatory compliance in respect of logging in State forests)
Warburton Environment v VicForests [2022] VSC 633 (led by J Korman in an environmental action enforcing regulatory compliance in respect of logging in State forests
Gippsland Environment Group v VicForests [2022] VSC 296 (application for interlocutory injunction in environmental matter)
Will v The Queen [2021] HCATrans 29 (leading K McCann for the respondent in a special leave application involving issues of statutory construction)
JustCo (Australia Onshore) Pty Ltd v CPB Contractors Pty Ltd [2021] VCC 1870 (appearing for the defendant in an action for wrongful termination)
Spirito Developments Pty Ltd v Sinjen Group Pty Ltd [2020] VCC 1368 (for the applicant in an application for judgment pursuant to s 16 of the Security of Payment Act).
Coronial inquest into the deaths of Matthew Poh Chuan Si, Thalia Hakin, Yosuke Kanno, Jess Mudie, Zachary Matthew Bryant and Bhavita Patel, Coroners Court of Victoria, 19 November 2020 (part of a team of counsel appearing for the families in the Bourke St inquest)
Hampshire Automotive Pty Ltd v Centre Com Pty Ltd [2019] VSCA 77 (appeared for the respondent on appeal, and also appeared for the plaintiff in a 20 day trial in the County Court (both unled) – issues of trespass, prescriptive easement, exemplary damages)
PRS v Crime and Corruption Commission [2019] QCA 255 (appeared for the appellant (unled) on appeal from decision refusing injunctive relief against the Crime and Corruption Commission)
Levi v Z&H Building Development [2019] VSC 633 (appeared for the respondent in application for judicial review of adjudication determination)
Shells Venture Management v Agresta [2019] VSC 863 (appeared for the respondent in application for judicial review of adjudication determination and related security for costs application)
Frueauf Services Pty Ltd v Sportscover Australia Pty Ltd [2018] VCC 2105 (appeared unled for the insured at trial involving issues of indemnity under fire and perils risk policy and interpretation of exclusion clause)
You can see and here Kylie present here:
Are we making progress on gender equitable briefing? Lawyers Weekly Podcast November 2023
Preview - Security of Payments (with barrister Julie Wright): Benchmark TV presentation
Recent Developments in Contract and the Penalties Doctrine - Greens List CPD
To discuss Kylie's availability or for more information, please contact the Clerks at Greens List on +61 3 9225 7222.
Publications:
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.
Click here to view my Greens List profile
Recent articles and blog posts by Kylie:
"Hear no Evil, See No Evil, Speak no Evil: the Secretisation of Information by Government in Australia" (2022) 34(1) Bond Law Review.
Commbar Matters, "The Proper Measure of Damages for Loss of Use of Real Property" (with M Harvey QC), 16 June 2021.
Commbar Matters, "A limitation on the Security of Payments section 16(4) judgment procedure", 16 June 2021.
“Homing in on Good Grounds of Appeal” – with Matthew Harvey QC – Victorian Bar CLE Program, 27 February 2020.
Commbar matters, "NSW Court of Appeal decision on security of payment regime confirms conflict between Victoria and NSW on the applicability of the regime to insolvent companies", 5 March 2019.
"Apprehended Bias: to Recuse or not to Recuse" - with Andrew Morrison and Tim Goodwin - Victorian Bar CLE Program, 22 Nov 2018.
"Security of Payments update: High Court affirms scope of review limited to jurisdictional error" (Commbar matters, 5 March 2018)
"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
Clarification of the test for summary judgment in Victoria