Search

Experience

Kateena has a BCL from Oxford University, where she studied as a Rhodes Scholar, and was associate to Justice McHugh for his final year on the High Court of Australia. Kateena was Lecturer in Corporate Law at Queen Mary, University of London. Kateena has a broad practice, with a focus on commercial litigation, public law and tax.

Kateena's cases include:

Public Law:

• Acting for Victoria in High Court litigation concerning the validity of the Lockdown Directions: Gerner v State of Victoria (led by Kris Walker, Solicitor-General for Victoria, Craig Lenehan SC and with Tom Wood).
• Acting for the applicant in Federal Court proceedings concerning the invalidity of the Robodebt scheme (led by Peter Hanks QC with Glyn Ayres).
• Acting for the Attorney-General for the State of Victoria intervening appeals to the High Court, for example:
• An appeal concerning section 2 of the New South Wales Constitution Act 1855 (NSW) (led by the Solicitor General for Victoria, Richard Niall QC): New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50.
• An appeal concerning the constitutional validity of South Australian sentencing laws: KMC v Director of Public Prosecutions [2020] HCA 6 (led by Kris Walker, Solicitor-General for Victoria).
• Acting for the Attorney-General of the Commonwealth intervening in Awabdy v Electoral Commission of Queensland in the Queensland Court of Appeal concerning the Commonwealth's exclusive power to regulate federal elections (led by the Commonwealth Solicitor-General).
• Acting for the Attorney-General (Cth) in Federal Court litigation concerning the International Transfer of Prisoners Act 1997 (Cth) (led by Stephen Lloyd SC).

Class actions:

• Acting for the plaintiffs in the challenge to Homes Victoria's decision to demolish the public housing towers.
• Acting for the plaintiffs in a shareholders class action concerning Noumi.
• Acting for the respondents in a class action concerning Roundup (led by Steven Finch QC and Rob Craig QC).
• Acting for OZ Minerals Ltd in a shareholder class action in the Federal Court instructed by Freehills (led by Michael Garner QC with Rob Craig).

Commercial law:

• Acting for parties to power purchase agreements in the Federal Court.
• Acting for former shareholders in a proceeding arising out of the acquisition of the shares in the business in the Victorian Supreme Court.
• Acting for the plaintiff in respect of a misleading and deceptive conduct claim arising out of a large acquisition (led by Matt Collins QC).
• Acting for United Petroleum Australia Pty Ltd in United Petroleum Aus

Arbitrations:

• Acting for a listed pharmaceutical company in arbitration proceedings instructed by MinterEllison (led by Chris Caleo QC).
• Acting for a gas company at gas arbitrations (led by Michael Borsky QC).
• Acting for parties in a sugar arbitration (led by GA Thompson QC).

Regulatory and Corporate:

• Acting for ASIC in proceedings concerning cyptocurrency.
• Acting for ASIC in proceedings concerning the application of the Credit Code.
• Acting for RI Advice in ASIC proceedings concerning cyber security (led by S Finch QC).
• Acting for a foreign exchange trader in Federal Court proceedings brought by ASIC (led by Chris Archibald QC).
• Appearing in Federal Court and Supreme Court proceedings concerning schemes of arrangement, including unit trust schemes: eg, Wellcom Group Limited, in the Matter of Wellcom Group Limited [2019] FCA 1655.

Insolvency:

• Acting for a property developer in proceedings commenced by ASIC in the Federal Court.
• Appearing at liquidators' public examinations.
• Advising directors of insolvent companies in respect of liabilities arising out of the liquidation.
• Advising the ATO in respect of DOCAs.

Criminal and Quasi-Criminal:

• Acting for the Director of Public Prosecutions in criminal appeals (led by the Chief Crown Prosecutor): Cvetanovski v R [2020] VSCA 272; Tony Mokbel v R .
• Counsel-assisting IBAC in examinations.
• Acting for IBAC in litigation in the Supreme Court of Victoria and the Court of Appeal concerning ongoing investigations.
• Acting for various nation states in proceedings to extradite persons arrested under extradition arrest warrants under the Extradition Act 1988 (Cth), for example:
• Ghodskani v United States of America [2018] FCA 14; Castle v United States of America [2018] FCA 931; [2018] FCA 1079; Reyes v United States of America [2020] FCAFC 14;
• Acting for Bosnia and Herzegovina in a proceeding concerning the interpretation of the Extradition Act 1988 (led by Stephen Donaghue QC in the FCFCA and unled in the FCA): Traljesic v Bosnia and Herzeovina [2017] FCAFC 70; [2016] FCA 383.
• Providing advice in respect of the Proceeds of Crime Act 2002 (Cth) (led by S Donoaghue QC).

Environmental law:

• Acting for Amcor Ltd in proceedings in the Supreme Court of Victoria (instructed by Gilbert + Tobin and led by David Collins QC and then A Monichino QC) concerning the cost of reme

Tax:

• Acting variously for the taxpayer and for the Commissioner of State Revenue in a number of proceedings concerning the foreign purchaser additional duty (for land tax and duties).
• Acting for the Commissioner of State Revenue in proceedings concerning the validity of assessments for land tax (led by Phil Solomon QC): Vasiliades v Commissioner of State Revenue [2016] VSC 544.
• Providing various advice to the ATO and SRO in relation to proposed legislative reform.

Royal Commissions:

• Acting for Crown Hotels at the Inquiry into Hotel Quarantine (led by David Batt QC).
• Acting for the Director of Public Prosecutions in the Royal Commission into the Management of Police Informants (led by C Caleo QC).
• Junior counsel for the Commonwealth in the Queensland Floods Commission of Inquiry (led by F McLeod SC).
• Acting for a class of businesses in the Royal Commission into the Home Insulation Program (led by Michael Windsor SC).

From 27 Mar 2014, liability limited by a scheme approved under Professional Standards legislation.