Kate Anderson

• Arbitrators & Mediators
• Class Actions
• Commercial Law
• Competition
• Equity
• Inquests & Inquiries
• Insurance & Reinsurance
• Intellectual Property
• Professional Negligence
• Public Law
• Taxation

Kate Anderson signed the Bar Roll in November 2000 and has developed a broad general commercial practice involving advice work, pleadings and appearances at trial and on appeal, across all jurisdictions within Victoria, and from time to time interstate.

While Kate has largely appeared on her own, she has been briefed as junior counsel in a number of large matters in the Federal and Supreme Courts.  A recent matter which she had carriage at trial was: Porter v Mulcahy & Co Accounting Services Pty Ltd  [2021] VSC 572.  Notable cases include:

Contractual and Corporations matters – currently briefed for the first respondent in Alumina and Bauxite Company Ltd v Queensland Alumina Ltd in the Federal Court regarding Australian sanctions imposed in connection with the conflict between Russia and Ukraine; Re Banksia Securities Ltd (recs & mtg appt) (in liq) [2017] VSC 148 settlement of group proceeding for liquidator in a corporations insolvency matter following the amalgamation in March 2009 of Banksia and Statewide; Banksia Securities Ltd (recs & mtg appt) (in liq) v The Trust Co (Nominees) Ltd  [2016] VSC 328 and appeal [2016] VSCA 324, a preliminary question on the construction of the trust deed acting on behalf of the liquidators; ASIC v Superannuation Warehouse Australia Pty Ltd (2015) 109 ACSR 199 false and misleading conduct in connection with the supply of financial services by falsely representing on its websites that is provided free SMSF set-up; AGL HP1 Pty Ltd & Ors v Alanvale Pty Ltd & Ors [2012] VSC 192 for an injunction and generally relating to the Macarthur wind farm and property easements; Orrong Strategies Pty Ltd v Village Roadshow Ltd [2007] VSC 1 for the defendant in a 5 month trial re corporations law, legal practice, contractual entitlements.

Competition matters – Capic v Ford Motor Company of Australia Ltd  (2021) 154 ACSR 235 acting on behalf of the respondent to a class action claiming misleading and deceptive conduct and contravention of s 54 of the Australian Consumer Law in respect of certain vehicles fitted with a powershift transmission; acting for Steamships Ltd in a proceeding in PNG brought by the ICCC (PNG) for an acquisition alleged to substantially lessen competition in the shipping industry and related markets in PNG;  Application by Tabcorp Holdings Ltd  [2017] ACompT 1 – briefed by the ACCC in relation to the proposed acquisition of Tatts Group Ltd; ACCC v Neighbourhood Energy Pty Ltd (2012) ATPR 42-426 – regarding unsolicited consumer agreements and do not knock notices; ACCC v Wizard Mortgage Corp Ltd (2002) ATPR 41-903 at trial, misleading conduct in TV advertising; BMW Australia Ltd v ACCC (2004) 207 ALR 452 at first instance and on appeal, s.65C Trade Practices Act; ACCC v Gary Peer (2005) 142 FCR 506 misleading and deceptive conduct, under-quoting property prices; ACCC v Kyloe Pty Ltd (2007) ATPR 42-194 – franchising code; BHP Billiton Iron Ore Pty Ltd v National Competition Council (No 2) (2007) ATPR 42-141 acting for NCC in Part IIIA proceeding for access to Pilbarra railway; acting on behalf of the respondent in Winterford v Pfizer Australia Pty Ltd a class action brought in negligence and under ss 74B, 74D and s 75AD in respect of alleged side effects of a certain pharmaceutical product.

Public law – briefed by the Secretary of the Department of Health and Human Services to assist Charles Scerri QC in his investigation into the allegations made against the former Chairperson of Melbourne Health, Mr Robert Doyle AC; by professional bodies in: Kyriackou v Law Institute of Victoria [2014] VSCA 322 confirming the VCAT declaration that the respondent, a lay associate, is a disqualified person following his involvement in trust account defficiencies;  Jonathan Wong v Law Institute of Victoria [2014] VSC 136; Legal Services Commissioner v Nomikos (Legal Practice) [2013] VCAT 1682; Legal Services Commissioner v Sampson (Legal Practice) [2013] VCAT 1177; Legal Services Commissioner v Brott [2008] VCAT 1801 and [2008] VCAT 2399; Brott v LSC [2009] VSCA 55 on appeal; LSC v Brereton [2008] VCAT 1723 and on appeal Brereton v LSC (2011) 33 VR 126; Sabet v Medical Practitioners’ Board (2008) 20 VR 414  involving the Charter of Human Rights (Vic); also on behalf of Hon John Brumby in Newnham v Davis [2010] VSC 13 in relation to public interest immunity and parliamentary privilege.

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.