Expertise

Kelly is a partner in the firm’s commercial litigation and dispute resolution team. Kelly has extensive experience in commercial disputes, insolvency, and regulatory matters, including claims brought by ASIC. Kelly prides herself on her ability to identify and achieve the best commercial outcomes for her clients while supporting them through the often-difficult litigation process.

Education

Kelly holds a Juris Doctor from Monash University, as well as Masters in International Relations and a Bachelors of Arts from Salve Regina University in the USA.

Experience

Career Highlights:

General Commercial:

• Acted for the former managing director in a claim for breach of directors’ duties brought in the Federal Court of Australia by a shareholder in the name of a global multi-boutique asset management company pursuant to an order granting derivative leave.
• Acted in the Federal Court of Australia for a company’s auditor in a shareholder class action alleging negligence by the auditor.
• Acted in the Federal Court of Australia for a former managing director in a claim for breach of directors’ duties brought by a publicly traded energy company operating in the oil and gas sector.
• Acted for W. Lewski in the ASIC prosecution of the directors of Australian Property Custodian Holdings Ltd in the Federal Court, the Full Court of the Federal Court and the High Court of Australia.
• Successfully acted for MAAG Developments Pty Ltd in the Supreme Court of Victoria and later the Court of Appeal in relation to a proceeding concerning the proper construction of a contract -MAAG Developments Pty Ltd v Oxanda Childcare Pty Ltd (As Trustee For Oxanda Education Services Trust) [2018] VSCA 289.
• Acted in the Federal Court of Australia for the majority shareholder of a national burger chain in relation to a claim brought by a minority shareholder for alleged oppressive conduct.
• Successfully acted for Peter Talacko and Amanda Fischer in the Supreme Court of Victoria in a long running intrafamily dispute involving allegations of conspiracy to injure, unlawful means conspiracy, and inducement to breach a contract in Talacko (as executor of Estate of Talacko) v Talacko [2015] VSC 287.
• Acted in the Federal Court of Australia for the CFO in Australian Securities and Investments Commission (ASIC) v Healey (2011) 196 FCR 291 (a leading decision on the obligations of directors in discharging their responsibilities) as well in as the associated class action proceedings in the Federal Court.
• Successfully acted in various matters in which interlocutory orders were sought, including freezing orders and/or Anton Pillar orders.
• Acted in numerous oppression proceedings where the result was a favourable negotiated outcome.

Insolvency and Reconstruction:

• Successfully assisted in the implementation of two separate schemes of arrangement in:
  • DWS Ltd, Re DWS Ltd [2020] 148 FCA 1590; and
    
  • RXP Services Ltd, Re [2021] FCA 38.
• Successfully acted for a liquidator in the Supreme Court of Victoria in Vasudevan (as Joint and Several Liquidator of Wulguru Retail Investments Pty Ltd) (in liq) v Becon Constructions (Australia) Pty Ltd (2014) 41 VR 445; the claim concerned an unreasonable director-related transaction.
• Acted for the creditor, and later the liquidator, in a complex matter involving the bankruptcy of the individual directors and winding up of the debtor company, as well as public examinations conducted by the liquidator.
• Acted in numerous liquidations involving public examinations, claims in relation to voidable transactions, and/or the involvement of receivers and managers.