Kylie Weston-Scheuber Barrister

Kylie Weston-Scheuber

BAR:
2013
ADMITTED:
2005

Owen Dixon Chambers West

Room 1521

525 Lonsdale Street

Melbourne VIC 3000

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Profile

Dr Kylie Weston-Scheuber practises primarily in commercial law.

Kylie has a range of commercial law experience, including in the areas of building and construction (particularly Security of Payments), consumer  law, banking and finance, insurance, contractual disputes and corporations. She also advises and appears in administrative law matters, both judicial review and merits review, and in matters involving regulatory compliance. 

Kylie is listed in Doyle's Guide as a Recommended Construction and Infrastructure Junior Counsel in Victoria for 2019 and has previously been listed in Doyles Guide nationally and for Victoria.

Prior to coming to the Bar in 2013, Kylie was a Senior Advocate at the ACT Director of Public Prosecutions. Before and after coming to the Bar she has appeared as counsel (unled) in numerous jury trials in the ACT involving charges ranging from sexual assault and attempted murder to grievous bodily harm, armed robbery, attempting to pervert the course of justice and obtaining benefit by deception.

Key recent appearances and matters include:

Hampshire Automotive Pty Ltd v Centre Com Pty Ltd [2019] VSCA 77 (appeared for the respondent on appeal, and also appeared for the plaintiff in a 20 day trial in the County Court (both unled) – issues of trespass, prescriptive easement, exemplary damages)

PRS v Crime and Corruption Commission [2019] QCA 255 (appeared for the appellant (unled) on appeal from decision refusing injunctive relief against the Crime and Corruption Commission)

Levi v Z&H Building Development [2019] VSC 633 (appeared for the respondent in application for judicial review of adjudication determination) 

Shells Venture Management v Agresta [2019] VSC 863 (appeared for the  respondent in application for judicial review of adjudication determination and related security for costs application)

Zulin Formwork v Valeo Constructions Pty Ltd [2019] VCC 936 (appeared for the applicant in application pursuant to s 16(2) Building and Construction Industry Security of Payment Act 2002)

Thurin v Krongold Constructions (Aust) Pty Ltd [2019] VCAT 1206 (led by Peter Murdoch QC and Jeremy Twigg QC – appeared for the respondent in application to enforce expert determination in construction dispute – matter involves claims for breach of contract, negligence and consumer law breaches)

South City Plaster v Modscape [2018] VCC 1576: claim for summary judgment pursuant to s 16(2) of the Security of Payments Act (unled)

Frueauf Services Pty Ltd v Sportscover Australia Pty Ltd [2018] VCC 2105 (appeared unled for the insured at trial involving issues of indemnity under fire and perils risk policy and interpretation of exclusion clause)

3D Flow Solutions v LTP Armstrong [2018] VCC 674:  claim for summary judgment pursuant to s 16(2) of the Security of Payments Act (unled)

R v Howell and Smith, jury trial in ACT Supreme Court, 2018 (appeared for the Crown in prosecution for assault occasioning grievous bodily harm and attempting to pervert the course of justice)

R v Will [2017] ACTSC 356: stay application by accused based on prior compulsory examination by Australian Crime Commission (for ACTDPP, unled)

R v Ivanisevic, jury trial in ACT Supreme Court (appearing for the accused on charge of attempted murder, leading Katrina Marson)

Laidlaw Holdings Pty Ltd & Anor v Fieschi & Ors [2016] VCC 1598: claim for restitution in joint venture dispute (led by Jeremy Twigg QC)

SSC Plenty Road Pty Ltd v Construction Engineering (Aust) Pty Ltd [2015] VSC 631: judicial review in Security of Payments matter (led by Jeremy Twigg QC) 

D'Aquino & Ors v Trovatello & Ors [2015] VSCA 78: appeal against summary dismissal, involving continuing nuisance and limitation issues in a building and construction context (led by Jeremy Twigg QC)

Curnow v Giles; Giles v Curnow [2015] VSCA 70: appeal in defamation action involving issues of sufficiency of damages and costs (led by John Ribbands)

Daunt v Daunt [2015] VSCA 706: appeal involving claim of property held on constructive trust, standing of disappointed contingent beneficiary (led by Matthew Harvey)

JG King v Adiel Property Holdings [2015] VCC 1600 (application for summary judgment in Security of Payments matter - led by Jeremy Twigg QC)

BreakFast Investments Pty Ltd v Gravity Ventures Pty Ltd (2014) (acting for a defendant in relation to an unjust enrichment claim in the Supreme Court (settled at trial) (unled)

Wilson v Building Commission of Victoria [2015] VSC 629: judicial review application in building prosecution (unled)

Slipper v Turner [2015] ACTSC 27: appeal against conviction on charges of dishonestly obtaining Parliamentary benefit (unled)

Slipper v Magistrates Court of the ACT & Others [2014] ACTSC 85: judicial review of Magistrates' Court decision involving issues of Parliamentary privilege (unled)

Inquest into the death of Ling Gong Tang (Coroners’ Court of Victoria, 9 Dec 2014): representing the family of the deceased in inquest into death in custody (led by Dyson Hore-Lacy SC)

Kylie has a PhD in law from the ANU, and Bachelor Degrees in Music, Arts and Law. She was awarded the University Medal for Music (QUT) and Law (UQ). She is a Graduate of the Australian Institute of Company Directors.

She is the current convenor of the Women Barristers Association and a director of  the Victorian Homeless Fund.

Kylie is also a member of BottledSnail Productions, which produces musical and theatrical productions involving members of the legal profession. 

Kylie participated in the Court of Appeal Advocacy Program in August 2018, coordinated by her Honour Justice Tate of the Court of Appeal in conjunction with Women Barristers Association. 

Publications:

Kylie has published articles in a number of refereed law journals including the Deakin Law Review and QUT Law and Justice Journal. She is the co-author of Principles of International Humanitarian Law (co-author Jonathan Crowe), published by Edward Elgar. Details of the book are available on the Edward Elgar site:

http://www.e-elgar.com

She regularly presents at conferences and seminars on a variety of commercial law topics, most recently in relation to termination of contracts and security of payments legislation.

Recent articles and blog posts by Kylie:

"Security of Payments update: High Court affirms scope of review limited to jurisdictional error" (Commbar matters, 5 March 2018)

"Security of Payments: Interesting Developments across the Nation: (presented with Bridget Slocum at Greens List breakfast seminar, August 2017)

"Security of Payment Update: NSWCA rules out judicial review for non-jurisdictional error of law" (Commbar matters)

"Recent Developments in Relation to the Security of Payments Regime" (presented at Greens List breakfast seminar, October 2016)

"Representees in Equitable Estoppel Cases will get what they were promised ... if they can prove it"

"The 'Reasonable Endeavours' of an Obligee under a business contract may include its business interests"

"A wider ambit for the unreasonable director-related transactions provisions of the Corporations Act?"

"Where a negligent service provider fails to protect the lender's interests in a loan transaction" (2013) 2 JCivLP 153

Clarification of the test for summary judgment in Victoria

 

To get in touch with Kylie Weston-Scheuber | or for more information please contact the Clerk on: +61 3 9225 7222 or clerkb@greenslist.com.au

Liability limited by a scheme approved under Professional Standards legislation.