Premala signed the Bar Roll in 2012, practising primarily in commercial, construction, banking and finance, competition and public law. She has built a substantial trial and appellate practice in large, complex matters and has particular expertise in high-value international arbitrations. She also has public and regulatory law experience acting for and against ASIC and the ACCC.
Before coming to the Bar, Premala was a Senior Associate in the Litigation and Dispute Resolution group at Clifford Chance LLP, London. She has over 18 years experience as a litigator.
Premala holds a BA/LLB(Hons) from Monash University (where she won the Supreme Court Prize and was Editor of the Law Review) and a Bachelor of Civil Laws from the University of Oxford where she studied as a Menzies Scholar.
Key Recent Matters
International arbitrations (including related litigation) and construction matters
- Acting for an international consortium in relation to a complex, multi-billion dollar international arbitration (ICC, Singapore) in relation to an LNG project, with Jeff Gleeson QC and associated litigation (see JKC Australia LNG Pty Ltd v CH2M Hill Companies Ltd [2019] WASC 177, with Jeff Gleeson QC and Brahma Dharmananda QC; JKC Australia Pty Ltd v CH2M Hill Companies [No.2] [2020] WASCA 112; and costs proceedings (unled)).
- Acting for parties in relation to an LNG project, including advising in relation to proceedings in aid of arbitral proceedings (with Allan Myers QC).
- Complex high-value and large scale domestic arbitration involving property and construction issues, with Jim Delany QC.
- Complex international arbitration (UNCITRAL, Singapore) involving a mining operation in Western Australia, with Jeff Gleeson QC and Marcus Solomon SC (settled).
- Roy Hill Holdings & Ors v Samsung C&T Corporation (WASC, 2016, settled before judgment) (anti-suit injunction and stay application involving foreign proceedings and complex conflicts of laws principles), with Chris Zelestis QC and Marcus Solomon SC.
- Roy Hill Holdings & Ors v Samsung C&T Corporation [2015] WASC 458 (stay application involving international arbitrations), with Jeff Gleeson QC.
Banking & finance
- Regularly advises major financial institutions in relation to complex commercial arrangements, strategy and further regulatory consequences (unled).
- Acted for National Australia Bank in the Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry (2018) on a team led by Neil Young QC and Wendy Harris QC.
- E Koroneos & Ors v National Australia Bank [2016, VSC], case involving misappropriated funds, with Ted Woodward SC (settled).
- Gregory Hanley & Ors v National Australia Bank & Ors (settled, 2015) (with Rowena Orr QC, a complex financial planning case involving negligence and fiduciary duty issues. Acted unled in relation to interlocutory applications).
- Thompson v National Australia Bank & Ors (part-heard, settled mid-trial, 2015) (with Ted Woodward QC, case involving the application of Masters v Cameron principles).
Competition Law
- Acted for the Australian Competition and Consumer Commission in relation to the proposed merger between TPG and Vodafone (2019), with Michael O’Bryan QC and Michael Hodge QC. Conducted numerous examinations (unled).
- Acting for the ACCC in relation to the proposed merger between Tabcorp Holdings and Tatts Group (2017), with Andrew McClelland QC (see Application by Tabcorp Holdings Ltd [2017] ACompT 1, ACCC v ACT [2017] FCAFC150 and remittal).
- Numerous advices on proposed mergers and competition issues.
Equity & Trusts & unconscionability
- Kobelt v Australian Securities and Investments Commission [2019] HCA 18, with Stephen Donaghue QC, Solicitor-General of Australia.
- Commissioner of Taxation v Elecnet (Aust) Pty Ltd (Trustee) [2015] FCAFC 178 (14 December 2015) (appeal); Elecnet (Aust) Pty Ltd (Trustee) v Commissioner of Taxation [2015] FCA 456 (13 May 2015), with Terry Murphy QC, (case involving complex statutory construction issues).
Insurance
- McConnell Dowell Constructors (Aust) Pty Ltd v Santam Ltd & Ors [2016, VSC], (insurance case), with Tim Margetts QC.
- Associated Forest Holdings Pty Ltd v Gordian Runoff Limited [2015] TASFC 6 (9 June 2015) (Court of Appeal, Tasmania, with Jeremy Ruskin QC and Ken Read SC).
- Hazelwood Power Partnership & Anor v Latrobe City Council & Anor (VCAT & VSC Proceedings, with Jim Delany QC).
Post-acquisition disputes
- ICM Investments Pty Ltd v San Miguel Corporation and Berri Ltd [2014] VSCA 246 (appeal) and ICM Investments Pty Ltd v San Miguel Corporation and Anor (No.2) [2013] VSC 528 (trial) (with Nick Hopkins QC, case involving contractual and accounting questions in relation to whether a dividend should be paid). Also acted unled in ICM Investments Pty Ltd v San Miguel Corporation and Anor (costs and judgment orders, unled).
Public law
Section 92 cases
- Palmer v Western Australia [2021] HCA 5 (s 92 case) (intervening for the Attorney-General for the State of Victoria, with Kris Walker QC (Solicitor-General), then Peter Hanks QC).
- ResourceCo Material Solutions Pty Ltd & Ors v State of Victoria & Ors [HCA, 2016] (s 92 case), with Richard Niall QC (Victorian Solicitor-General) and Perry Herzfeld.
Administrative Law
- Brockett and Military Rehabilitation and Compensation Commission [2014] AATA 224 (unled).
- Unled appearances in Supreme Court, Federal Court and AAT (see eg SBWN; Secretary, Department of Social Services (Social Services Second Review) [2015] AATA 946 (9 December 2015)).
Prior to coming to the Bar, Premala’s major cases in London and Melbourne include:
- Defending a major international financial institution in threatened LCIA arbitral proceedings alleging breaches of a management services agreement in a Middle Eastern emerging market and conducting an internal investigation to examine allegations of misconduct against individual employees.
- Acting on a complex private client trusts case involving issues in Greece, Switzerland, the United States and England.
- Acting for a major international financial institution against one of its international clients on claims arising in relation to two commodity option transactions under a 2002 ISDA Master Agreement, in LCIA arbitral proceedings. This matter also involved foreign banking law and regulatory issues.
- Acting for Mr Olivier Bancoult, on behalf of the Chagos Islanders, against an order made by the UK government denying the Chagossians a right to return to the Chagos Archipelago (R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2008] UKHL 61, House of Lords and in the application that was before the European Court of Human Rights.
- Acting for the Society of Lloyd’s in its defence of proceedings brought by an Australian based Name.
Premala is a member of the Bar's CPD committee, the Supreme Court of Victoria's Commercial Court Seminar Committee and the Judicial Council for Cultural Diversity.