Redstone Chambers

Caroline Kenny QC

 

Professional profile

Caroline has 25 years experience as a barrister, arbitrator and mediator. She has practised in Australia, New York and London. She was appointed Senior Counsel (otherwise known as Queens Counsel in some jurisdictions) in 2008.

Caroline practises in complex commercial and construction matters. She is an experienced advocate, mediator and arbitrator having been retained in complex matters for governments, government agencies and private sector clients throughout her career at the Bar. She is also an experienced appellate advocate and has frequently appeared in the High Court of Australia. She is a nationally accredited mediator and a Fellow of the Chartered Institute of Arbitrators.

 

Representative matters in which Caroline has been involved include the following

 

• Represented architects, engineers, contractors, construction managers, subcontractors and material suppliers in Court and ADR procedures (including mediation and arbitration) in numerous commercial and construction matters involving multi-million dollar claims arising from the construction of tunnels, office buildings and infrastructure projects. Issues included breach of contract claims, delay claims, enforcement of penalty clauses, acceleration, construction of insurance policies;

• Represented a major international bank for four years in proceedings which arose out of a subsidiary's financial loss in India which was the subject of a three year arbitration in India and in which the Award went on appeal to the High Court of India. Representative issues included Indian banking law, construction of multi-layered insurance and reinsurance policies, interpretation of a choice of law clause, fraud and various conflict of laws issues;

• Represented the State Government for 10 years in proceedings in the Supreme Court, the Court of Appeal and High Court which arose out of the privatisation of a Port. The proceeding raised complicated valuation and taxation issues and the legal capacity of the Government to enter contracts and bind Parliament by promising to enact legislation;

• Represented the State Government and private clients in the Supreme Court and Federal Court in numerous proceedings alleging breach of consumer protection legislation and anti-competitive conduct causing a lessening of competition.

• Defended the principal engineers for three years against claims by the owners of the Burnley Tunnel alleging negligence in the design of the tunnel. Issues included professional negligence, delay damages, consequential damages (including loss of profits), waiver and the breadth of insurance coverage;

• Represented the owners of the Ultra Tune franchise for four years in a six months' trial and in appeals to the Court of Appeal and the High Court. Issues included equitable fraud (under Barnes v Addy), the duty of directors, insolvency issues under the Corporations Act 2001 (Cth), funding of litigation by liquidators, liability of third parties for costs, fraud, perjury

 

Caroline was called to the Bar of England and Wales (from the Honourable Society of Lincoln's Inn), and maintains chambers at 4-5 Gray's Inn Square, a leading public and commercial law set of chambers. In 2012 Caroline was retained by the UK Secretary of State to conduct immigration and asylum appeals over a period of 3 months. Caroline is appointed to the KLRCA (Kuala Lumpur Regional Centre For Arbitration, Malaysia) Panel of Arbitrators.

Areas of Specialisation

 

• Commercial;

• Construction;

• Trade Practices (Consumer and Competition);

• Insolvency;

• Equity;

• Administrative Law;

• Insurance;

• Mediation and Arbitration;

• Immigration

 

Educational Qualifications

 

• LLM/BA: University of Melbourne;

• Certificate in Mediation: Bond University;

• Diploma International Commercial Arbitration: CIArb (London)

 

Professional Qualifications

 

• Senior Counsel, Victoria;

• Nationally Accredited Mediator;

• Fellow, Chartered Institute of Arbitrators

 

Jurisdictions Admitted To Practice

 

• Supreme Court of Victoria (Barrister and Solicitor);

• High Court of Australia (Barrister and Solicitor);

• New York (Attorney and Counsellor-at-Law);

• Dubai (International Financial Courts);

• England and Wales (The Honourable Society of Lincoln's Inn)

 

Previous Employment

 

• Senior Associate, Herbert Geer, Melbourne;

• Associate to the Hon. Justice Dunphy (Australian Industrial Court)

 

Current Boards and Committees

 

• Member, Ministerial Community Advisory Committee to the Minister For Police and Corrections;

• Director, Chartered Institute of Arbitrators (Aust) Pty Ltd;

• Convenor For Victoria, Chartered Institute of Arbitrators (Aust.) Pty Ltd;

• Member, International Commercial Arbitration Committee of the Victorian Bar;

• Member, Consumer Protection Practice Panel of the Consumer Law Action Centre

 

Previous Boards and Committees

 

• Director, National Advisory Board of Post Ante Natal Depression Association (PANDA) (2008-2011);

• Director, Sandybeach Community Centre (2010-2011);

• Director, Barristers' Chambers Limited (1999-2008);

• Member, Applications Review Committee of the Victorian Bar (1998-2008);

• Member, Professional Standards Scheme Committee of the Victorian Bar (2007-2010);

• Member, Pro Bono Committee of the Victorian Bar (2002-2009);

• Secretary, Corporations and Securities Law Section of the Commercial Bar Association (2001-2004);

• Member, Litigation Procedure Review Committee (Commercial Law) of the Victorian Bar (1999-2001);

• Assistant Convenor, Women Barristers' Association (1999-2001);

• Director, St Joan of Arc School Board (1990-1993)

 

Recent Professional Speaking Engagements

 

• Chair, "Caveats": Green's List Continuing Professional Development Seminar;

• Panel Member: Australian Corporate Law Association: "Dealing with the Media";

• Chair - "Personal Property Securities Act: An Update: Green's List Continuing Professional Development Seminar;

• Chair - "Expert Evidence: When You Need It And How To Get It Right": Green's List Continuing Professional Development Seminar;

• Chair - "Removal of Restrictive Covenants And Easements": Green's List Continuing Professional Development Seminar;

• Chair - "Owners Corporations": Green's List Continuing Professional Development Seminar;

• Panel member - "Smashing The Ceiling: Insights From Successful Women In Insolvency": International Women In Reconstruction Seminar, Melbourne;

• Paper - "Vexatious Litigants In The Context Of Bankruptcy Proceedings": Insolvency Practitioners Melbourne Forum Conference, Main Beach;

• Paper - "Expert Evidence In Insolvency Proceedings : Insolvency Practitioners Melbourne Forum Conference, Darwin