Kate brings positive energy to all her matters, is assertive in the face of any situation, and is passionate about helping all clients.
Kate is a Principal in the firm's Disputes and Insolvency division with significant expertise in Court and Tribunal matters, advocacy, negotiation and alternative dispute resolution. She works across Australia to resolve disputes in the corporate and commercial, consumer law, property, insolvency, defamation, education, agricultural, and intellectual property fields, and represents clients in corporate investigations and shareholder and director disputes.
Kate has particular expertise in complex and high value business-critical disputes with multiple stakeholders, and has led large multi-disciplinary teams in high profile cases.
Kate and her team regularly provide expert advice to directors and officers of some of Australia's largest companies, CEO's, business owners and high profile individuals. Clients particularly value Kate's clear, concise advice and her vested interest in them.
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CAREER highlights
Key Specialisations
Qualifications
community involvement
GET IN TOUCH WITH Kate Whalan
Client Solutions
Aurizon Network Pty Ltd
insurance
Client problem
A rail operator was suing Kate's client for breach of contract and negligence for loss exceeding millions arising from a train derailment.
outcome achieved
Kate successfully resisted an interlocutory application by the plaintiff to substantially amend its claim outside the limitation period. The matter was successfully resolved prior to trial in Kate's client's favour.
Commonwealth Bank of Australia
Finance
Client problem
Kate's client required assistance in several challenging (and sensitive) financial services matters following the wake of the Royal Commission.
outcome achieved
Kate impacted upon the realisation value of the secured properties, advised and managed risks associated with industrial buildings being non-compliant with building regulations, managed and advised on potential contaminated land issues, dealt with an obstructive second mortgagee (associated with the borrower), dealt with caveats lodged by the second mortgagee, and effected a novation of sale agreement to enable the Bank to exercise steps in rights and managed political sensitivity at the time of the Senate enquiry.
Private World-Wide Association
Defamation
Client problem
Kate's client was involved in a matter whereby a former member of the association had anonymously set up and administered a malicious website upon which defamatory and disparaging publications were continuously being posted.
outcome achieved
Kate's defence saw judgement awarded in favour of the client plus an order that the detractor pays the associations' legal costs. She was also successful in negotiating an apology from the detractor and an undertaking to transfer administrative control of the website to the association.
