Kym Fraser

Partner

Kym is a pre-eminent public law and commercial litigator in Australia, with over 30 years' experience.

Kym has conducted litigation in all courts exercising Federal Jurisdiction and in the Superior State Courts of Victoria, NSW and Queensland.  He has acted in significant Judicial Review proceedings for both Government agencies and private clients; particularly in the context of major infrastructure projects and environmental and planning disputes.

He has worked on a wide range of commercial disputes including competition and consumer litigation, partnership disputes, commercial property disputes, defamation, an array of contractual disputes, and Corporations Law proceedings.

Kym has also had lead roles in a number of Royal Commissions and Inquires including the Banking and Financial Services Royal Commission; Royal Commission into Institutional Responses to Child Sexual Abuse; the “Lawyer X” Inquiry; Hotel Quarantine Inquiry; and the McRae Land Slide Inquiry.

Kym has extensive experience in alternative dispute resolution, conducting numerous mediations on behalf of clients across multiple sectors.  He has also acted in a number of international arbitrations and domestic commercial arbitrations in Victoria, Queensland and New South Wales.

Kym also has vast experience in acting for universities in disputes and litigation for over 30 years in all aspects of their operations including contract negotiations and disputes, property development and commercial leasing disputes, student grievances and administrative law challenges, confidential investigations and inquiries, defamation claims against academics and their University employer and disputes with student bodies.  In addition, Kym has provided strategic advice on numerous aspects of the regulatory framework of the Higher Education sector including TEQSA requirements and recent legislative reform relating to foreign interference and has advised Universities on the legality of “campus protests” and on various aspects of “Freedom of academic expression” and hate speech.

Memberships, Accreditation and Activities

  • Master of Laws, Melbourne University (2007)
  • Bachelor of laws (First Class Hons), University of Adelaide (1993)
  • Bachelor of Economics, University of Adelaide (1991)
  • Australia and South Africa Business Council
  • Law Society of England and Wales
  • London Court of International Arbitration
  • Best Lawyers Australia:
    • Alternative Dispute Resolution (since 2012)
    • Litigation (since 2014)
  • Doyles Guide
    • Administrative & Public Law Rankings – Australia, 2022
    • Leading Administrative & Public Lawyers – Australia, 2022
    • Administrative & Public Law Rankings – Australia, 2021
  • Leading Administrative & Public Lawyers – Australia, 2021
  • Commercial Litigation & Dispute Resolution Ranking – Australia, 2021
  • Leading Commercial Litigation & Dispute Resolution Lawyers – Australia, 2015
  • Leading Commercial Litigation & Dispute Resolution Lawyers – Victoria, 2020.

Expertise

Kym’s expertise includes:

  • Public Law Litigation
  • General Commercial and Corporations Laws Litigation and Dispute Resolution
  • Higher Education – Regulatory Advice
  • Commissions of Inquiry and Investigations
  • Defamation.

Recent Matters

  • Acting for Lower Murray Water in proceedings in Friends of Nyah Vinifera Park Inc v. Commonwealth Minister for the Environment (Federal Court of Australia)
  • Department of Immigration and Citizenship (Judicial Review proceedings in courts exercising Federal Jurisdiction)
  • Premier Aviation Holdings v Skytraders and Ors (NSW Supreme Court) (oppression case)
  • Royal Commission into Institutional Responses to Child Sexual Abuse: Kym acted for the Salvation army (Southern Territory) in over 4 years of the Commission’s remit, including acting in Case Study 33 in a public hearing
  • Linking Melbourne Authority (LMA): Advised LMA in connection with litigation risks and management in respect of the East-West Link Project including acting in litigation in the Supreme Court of Victoria (at first instance and in the Court of Appeal) and High Court of Australia
  • Vision Group Holdings (VGH): Acting for VGH in proceedings in the Supreme Court of Queensland against a former Doctor Partner (Ophthalmologist) of the Group in connection with breach of contract and misleading and deceptive conduct allegations
  • Racing Victoria Ltd (RVL): Advising RVL in connection with the constitutional validity of and challenges to various States’ “Race Fields” legislation
  • Major US Agribusiness Company: Acted in a major international arbitration (under the AAA Rules) between US Company and its Australian distributor in relation to a contractual dispute arising under their Distributorship Agreement
  • EnergyAustralia (EA): Acted for EA in a gas supply interruption dispute under the wholesale gas market rules for Victoria
  • Toll Holdings Limited: Acting in various Supreme Court litigation and domestic arbitrations against Patrick Corporation arising in the context of Toll’s hostile takeover bid for Patrick
  • ThoroughVisionN Pty Ltd (TVN): Representing TVN in various Supreme Court of NSW and Federal Court of Australia proceedings against Sky Channell involving competition issues under Part IV of the Trade Practices Act 174 (Cth)
  • West Gate Tunnel Project (WGTP): Advising on litigation risks and potential challenges of the project under various statutory frameworks supporting the project. Providing detailed advices in relation to provisions under the MTPFA and related transport legislation and strategic dispute resolution advice
  • North East Link Project (NELP): Acting for NELP in Supreme Court of Victorian litigation commenced by 2 local councils against the Minister for Planning’s approval decision in connection with the project
  • Level Crossing Removal Authority (LXRA): Advising on administrative law and statutory interpretation advice in respect of various threatened judicial review challenges to the project to remove 50 of Victora’s most dangerous level crossings
  • Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry: Kym supported CBA by assisting in managing the Bank’s response to notices to produce, supervising teams of lawyers and paralegals to ensure production deadlines were met, and to review documents for privilege claims and to prepare privilege submissions to the Commission
  • Undisclosed Victorian Public Hospital: Acted for major Victorian hospital in connection with a Victorian Ombudsman inquiry concerning the affairs of the Hospital and associated matters arising out of the Ombudsman’s report
  • Rural Funds Management (RFM): Kym acted for ASX listed Rural Funds Group (RFF) (a real estate investment trust) in NSW Supreme Court proceedings against Texan based “short seller” Bonitas Research LLC in relation to alleged misleading and deceptive conduct in connection with a targeted sort-selling campaign
  • EnergyAustralia (EA): Kym acted for EA in connection with a judicial review challenge by Environmental Protection Victoria in the Supreme Court of Victoria against the Victorian EPA’s decision to amend licence conditions for EA in the La Trobe Valley.

Memberships, Accreditation & Activities

  • Master of Laws, Melbourne University (2007)
  • Bachelor of laws (First Class Hons), University of Adelaide (1993)
  • Bachelor of Economics, University of Adelaide (1991)
  • Australia and South Africa Business Council
  • Law Society of England and Wales
  • London Court of International Arbitration
  • Best Lawyers Australia:
    • Alternative Dispute Resolution (since 2012)
    • Litigation (since 2014)
  • Doyles Guide
    • Administrative & Public Law Rankings – Australia, 2022
    • Leading Administrative & Public Lawyers – Australia, 2022
    • Administrative & Public Law Rankings – Australia, 2021
  • Leading Administrative & Public Lawyers – Australia, 2021
  • Commercial Litigation & Dispute Resolution Ranking – Australia, 2021
  • Leading Commercial Litigation & Dispute Resolution Lawyers – Australia, 2015
  • Leading Commercial Litigation & Dispute Resolution Lawyers – Victoria, 2020.