Profile

Krystyna practices in public law and criminal law, with a focus on administrative law. She has a particular interest in judicial review, disciplinary matters, commissions and inquiries, and matters that combine elements of both criminal law and public law.

Krystyna appears and advises in matters including judicial review, commissions and inquiries, discrimination/equal opportunity, criminal matters including occupational health and safety matters, Working with Children Check appeals, Freedom of Information applications, applications and reviews under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Mental Health Tribunal, social security appeals, and the Children’s Court.

Recent matters include: 

High Court of Australia

• Plaintiff M64/2015 v Minister for Immigration and Border Protection [2015] HCA 50 (led by Chris Horan SC)

Royal Commission into Family Violence

• Acting for the State Government of Victoria (2015) (led by Rowena Orr QC)

Parliamentary Inquiry into the CFA Training College at Fiskville (2015-2016)

• Obhudho & Ors v Patty Malones Bar P/L [2017] VSC 28
• SKM Services v Magistrates Court of Victoria & Worksafe Victoria (ongoing, led by Rob Taylor)

Federal Court of Australia

• Sapkota v Minister for Immigration and Border Protection [2014] FCAFC 160 (led by Richard Knowles)

Federal Circuit Court

• MZZXD v Minister for Immigration & Anor [2015] FCCA 104
• MZZZM v Minister for Immigration & Anor [2015] FCCA 2665

VCAT

• Obhudho & Ors v Patty Malones Bar P/L trading as Inflation Nightclub (Human Rights) [2015] VCAT 1521 (for the applicants in a race discrimination claim)
• Stone v Victims of Crime Assistance Tribunal (Review and Regulation) [2015] VCAT 1102 (review of Victims of Crime Assistance Tribunal decision)
• ZZD v Secretary to the Department of Justice and Regulation (Review and Regulation) [2015] VCAT 1479 (review of decision to refuse Working with Children Check)

Immediately prior to coming to the bar, Krystyna was a Senior Lawyer in the Civil Justice Section of Victoria Legal Aid where she predominantly practiced in administrative law and advocacy. In this position, she ran two migration judicial reviews before the Full Court of the High Court, instructing in one and appearing as junior counsel in the other. Krystyna also worked as the In-House Advocate. 

Krystyna worked in criminal law at Victoria Legal Aid in 2010.

Krystyna was the Senior Associate to the Honourable Justice Cavanough of the Supreme Court of Victoria between 2009 and 2010 (Common Law Division), and Associate to the Honourable Justice Whelan in 2008 (Criminal Law Division).

Krystyna has extensive experience in public international law, having practiced in The Netherlands between 2005 and 2007 as a defence lawyer at the United Nations International Criminal Tribunal for the Former Yugoslavia (ICTY), and in the prosecution division of the International Criminal Court (ICC).