Background

A large proportion of Kellie’s practice is in the various employment and discrimination jurisdictions. She also accepts briefs in administrative, trade practices, common law, and restraints of trade cases. She is a qualified arbitrator and mediator and has advised and appeared in coronial inquiries. Prior to becoming a barrister, Kellie dabbled with the idea of becoming an architect and gained an Honours degree in Communications, however, she commenced Law and found her calling.

As a solicitor, Kellie was an Associate at Dibbs Barker Gosling (now Dibbs Barker), and specialised in employment and discrimination law. From 1997 until 2003, Kellie was a member of the NSW Administrative Decisions Tribunal, sitting in the Equal Opportunity Division.

Before she was a lawyer, Kellie worked in both private enterprise, the community sector and government, the latter including the NSW Office of Youth Affairs, the NSW Department of Industrial Relations and the NSW Board of Vocational Education and Training. She also ran her own consulting company providing services to private enterprise, government and the community sector. As a result Kellie is able to assist clients to get the most out of her advice by making sure she understands each client’s particular circumstances. She continues to guest lecture in law at the University of Technology, Sydney, having previously lectured in the Communications faculty in social and political theory

Kellie applies her keen logic to every argument, and works towards the best resolution of legal issues for solicitors and their clients. Working closely with her clients, Kellie identifies their goals and desired outcomes. In this way, she is able to clearly communicate to them the extent to which the law can help.

Kellie actively organises and participates in Greenway’s CPD/CLE program. She is also regularly asked to present papers and seminars. Currently, she is writing a paper on the recent public discussion around the abolition/amendment of section 18C of the Racial Discrimination Act.

Outside of chambers, she enjoys spending time with family and friends, running, yoga, painting and music.

Kellie has represented numerous plaintiffs and defendants in:

  • restraint of trade matters that have settled without reported judgment;
  • complex employment cases seeking diverse remedies under the common law, discrimination, competition and consumer law and Workers Compensation.


Focus Areas + Select Cases

Adverse actions such as Buckley v Terrigal Grosvenor Lodge (Erina) Pty Ltd (No.2) (2015) 298 FLR 429

Unfair dismissals in both the state and federal jurisdictions (such as Severino v Galaxy Electric International Pty Ltd T/A Coonanbarra Cafe [2013] FWC 477 (8 February 2013), and Kazama v QANTAS Airways Limited - PR969209 [2006] AIRC 248.

Appeals in the Federal Court and Industrial Relations Commission of NSW. See for example: Richard Plunkett and Silverbrook Research Pty Limited (2012) 221 IR 90 - led by Max Kimber SC; Allan v Lane Cove Retirement Units Association Ltd (t/as Pottery Gardens Retirement Village) [2017] FWCFB 722.

Spiteri v Nine Network Australia Pty Ltd [2008] FCA 905 - led by Arthur Moses SC.

Disciplinary Appeals before the Industrial Relations Commission of NSW (such as Beavan v Industrial Relations Secretary (No 1) [2016] NSWIC 1; and the NSW Civil and Administrative Tribunal (such as Greyling v Nursing and Midwifery Board [2014] NSWCATOD 52.

Marroun v State Transit Authority [2016] NSWSC 1830 (15 December 2016) - a successful defence of an appeal of a public service disciplinary hearing before the Industrial Relations Commission of NSW.

 

Kellie runs very large and complex cases concerning discrimination, bullying and breach of contract based on incorporation of those terms, such as Barton v Lake Macquarie City Council – [2015] FCCA 124 (that judgment being about the admissibility of expert evidence) in a claim containing contractual components. This matter was ultimately resolved without a final hearing.

Kellie also appears in appeals, such as Hinton v Alpha Westmead Private Hospital P/L (2016) 242 FCR 1 (“Hinton” lead by Kylie Nomchong SC) and Wright v Commissioner of Police [2014] NSWCATAP 67.

 Casey v Rebel Sport Ltd & Anor [2017] FCCA 1470 (3 July 2017) - a successful defence of an application to extend the period of time for application, notwithstanding there was clear representative error. 

 Edwards v New South Wales [2015] FCCA 124 - successful defence of a race discrimination claim. 

Fernandez v University of Technology, Sydney [2015] FCCA 3432 - Successful application for summary dismissal.

 

Innes v Rail Corporation of NSW (No 2) [2013] 273 FLR 66 – successful application brought by the Federal Disability Discrimination Commissioner Mr Graeme Innes on his own behalf against Railcorp for failing to announce stations in Sydney. 

Burns v Media Options Group Pty Ltd & Ors [2013] FCCA 79 - including successful indemnity costs application Burns v Media Options Group Pty & Ors (No.2) [2013] FCCA 2016 (28 November 2013).

In her time as a member of the then NSW Administrative Decisions Tribunal, Kellie sat on many important cases, including the Amery decision, culminating in the decision of the High Court in State of New South Wales v Amery [2006] HCA 14; 230 CLR 174. She also sat on Taikato and Nakhle v Western Sydney Area Health Service [1999] NSWADT 52 (19 July 1999) concerning a disability discrimination claim brought by a woman with Hepatitis C whom had been excluded from using IVF services.

Department of Education and Training v EM (GD) [2011] NSWADTAP 4 - privacy decision.

Parmar v Minister for Immigration and Citizenship (includes erratum dated 7 July 2011) (2011) 195 FCR 186 – appeal.

Kiernan v Commissioner of Police, New South Wales Police (No. 2) (GD) [2010] NSWADTAP 18 (26 March 2010) – appeal.

Was involved in a claim of legal incapacity to nullify judgment under the Uniform Civil Procedure Rules in Azar v Dr Ritchie unreported before the District Court.

Restraints of trade cases such as Katerson Pty Ltd v Thambipillay [2016] NSWSC 1226.

Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) FCA 1352 (16 October 2006) 236 ALR 720; (2006) 70 IPR 146; [2007] ALMD 1936.
 
Darcy v State of New South Wales [2010] NSWDC 210 (21 September 2010) and Darcy (bht Diane Aldridge) v State of New South Wales [2011] NSWCA 413 (21 December 2011) – led by Dr Chris Birch SC). 
 
State of New South Wales v Rogerson (2007) Aust Torts Reports 81-926 – a very early bullying case.  

Kellie advises and appears in inquiries and inquests, including coronial inquests.


Notable Cases

Nikolich v Goldman Sachs J B Were Services Pty Ltd [2006] FCA 784 - led by Kylie Nomchong SC; and Goldman Sachs JBWere Services Pty Ltd v Nikolich (2007) 163 FCR 62 – led by Kylie Nomchong SC. Read More

Innes v Rail Corporation (NSW) (No 2) (2013) 273 FLR 66 - being the case brought by the Federal Disability Discrimination Commissioner, Mr Graeme Innes, on his own behalf against Railcorp for failing to announce stations in Sydney. Read More



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