Philippa Kelly

Profile

Practice Overview

Philippa practises predominantly in corporate and commercial litigation, tort and insurance law, and regulatory matters. She appears in various State and Federal courts and tribunals.

Philippa has a broad commercial law practice, appearing and advising in complex disputes including contract, class actions, trade practices, corporations, insurance and professional negligence matters.

In addition to her commercial practice, Philippa advises and appears in disciplinary matters, regulatory investigations and proceedings (including civil penalty proceedings), and both merits and judicial review proceedings. She has also appeared in Royal Commissions and is briefed by individuals and organisations to advise and appear at public and private examinations. She is regularly briefed in common law matters including public liability and historic abuse claims.

Example recent matters include (represented party bold and underlined):

Class Actions

• Lisa Simpson v Taylors Business Pty Ltd (FCA, 2023–ongoing) — Consumer class action against an unregistered pawnbroker alleging unlicensed provision of credit, unfair contract terms and unconscionable conduct under the NCCP Act, ACL and ASIC Act. With M Guo, instructed by Consumer Action Law Centre. See also: [2025] FCA 835 (director representation); [2025] FCA 1119 (partial default judgment); [2025] FCA 1546 (separate question).
• Iddles & Anor v Fonterra Australia & Ors (VSC, 2021–2023) — Dairy farmer class action alleging breach of contract, misleading and deceptive conduct and unconscionable conduct. Led by L Armstrong KC, with M Guo. Instructed by Adley Burstyner. Settlement Approval [2023] VSC 566.
• R&B Investments Pty Ltd v Blue Sky Alternative Investments (In Liq) & Ors (FCA, 2022) — Shareholder class action alleging breaches of continuous disclosure obligations and misleading and deceptive conduct under the Corporations Act and ACL. Led by L Armstrong KC. Instructed by Banton Group. See also: Confidentiality Orders [2022] FCA 1443; Carriage Application [2022] FCA 1444.

Commercial, Professional Negligence & Insurance

• Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Insurance Australia Limited (NSWSC, 2025–ongoing) — Insurance indemnity dispute defending 56 historical sexual-assault claims (1950s–1980s). Issues: proof of lost policies, policy interpretation, non-disclosure, claim aggregation and settlement reasonableness. Led by Dr A Hanak KC, with A Vial. Instructed by HWL Ebsworth.
• Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle v Insurance Australia Limited (NSWSC, 2023–2024) — Similar insurance indemnity dispute defending 131 claims. Similar issues as above. Led by Dr A Hanak KC and F Spencer SC. Instructed by HWL Ebsworth.
• Fitzpatrick Team Developments Pty Ltd v PFI 1 Pty Ltd (VSC, 2026) — Application to set aside statutory demand in a construction dispute. Resolved by consent. Unled, instructed by Lander & Rogers.
• Newhaven Property Investments Pty Ltd v Newhaven College Pty Ltd & Atma Environmental Ltd (CCV, 2020–2023) — Breach of contract, misleading and deceptive conduct and negligence against an environmental consultant in connection with a contaminated development site. Unled, instructed by Lander & Rogers.
• Blue Constructions Pty Ltd v Karavias & Associates (CCV, 2020) — Professional negligence and breach of contract against a solicitors' firm. Proceedings dismissed. Unled, instructed by Minter Ellison.

Regulatory & Disciplinary

• FWO v ASA Personnel Pty Ltd & Anor (FCFCOA, reserved) — Civil penalty proceedings for breaches of compliance notices and underpayments. Unled, instructed by Gilchrist Connell.
• Veterinary Practitioners' Board of Victoria v XYZ (2025) — Disciplinary proceedings for serious unprofessional conduct. Unled, instructed by Nevett Wilkinson & Frawley.
• ASIC v Union Standard International Group Pty Ltd & Ors (FCA, 2020) — Civil penalty proceedings alleging unlicensed financial advice, misleading and deceptive conduct and unconscionable conduct. Instructed by ASIC.
• ASIC Investigation of an RSE Licensee (2023) — Advising and appearing for an individual employee in an investigation into alleged breaches of s 912A of the Corporations Act. Unled, instructed by Mills Oakley.
• ASIC Investigation of an Australian credit licensee (2020) — Responsible lending and consumer credit under the NCCP Act. Led by E Nekvapil SC, instructed by ASIC.
• Regulatory advisory work — Drafting investigations manual for a regulator under the ACL; advising an independent statutory authority on investigative and decision-making powers (2023–2024, led by E Bennett SC, with W Phillips); advising a state integrity body on statutory powers and procedural fairness (2021–2022).

Common Law (Tort)

• Toomer v Dynamicardio Pty Ltd & Anor (CCV, ongoing) — Public liability claim involving franchise agreement, ACL breaches and warranties. Unled, instructed by Meridian Lawyers.
• Dubois v Halliday & D'Amico (CCV, 2024–2025) — Personal injury arising from a road accident; issues concerning operation of a lease and cattle on highway. Led by A Woods SC, then D McWilliams SC. Instructed by Sullivan Braham. Resolved five days before trial.
• Barun v Victorian WorkCover Authority (CCV, 2022) — Personal injury/TAC reinstatement application; equity, consent orders and innocent misrepresentation. Led by R Kaye SC, instructed by Lander & Rogers.
• Philippa also regularly draws pleadings and interrogatories in institutional abuse matters and appears at interlocutory applications including freezing orders, stay applications, discovery, pleadings, summary judgment and assessment of damages.

Royal Commissions & Public Inquiries

• Royal Commission into the Robodebt Scheme (2022–2023) — Representing the Commonwealth. Led by D Hogan-Doran SC with T Glover. Instructed by the Australian Government Solicitor.

Current Memberships

Philippa is a committee member of the Insurance Law Section of the Commercial Bar Association and an elected list committee member, Greens List Barristers. 

She is a member of the Australian Insurance Law Association, Commercial Bar Association, Common Law Bar Association, and Industrial Bar Association.

Prior Experience

• Senior Lawyer, ASIC (2013–2020) — Carriage of high-profile matters including BBSW proceedings and ASIC's first best interests duty case. Conducted investigations, civil penalty proceedings and merits review proceedings which focused on consumer protection, liquidators, winding up, directors duties, financial advice and unregistered managed investment schemes.
• Solicitor, DLA Piper Australia – Litigation & Regulatory (2010–2013) — Advised and litigated in commercial and insurance matters acting for valuers, real estate agents and health professionals on insurer instructions.
• Associate to Judge Kennedy SC (2008–2010) — Now the Honourable Justice Kennedy SC of the Court of Appeal.

Philippa read with Elizabeth Bennett SC, now the Honourable Justice Bennett SC of the Federal Court of Australia and her senior mentor was Anthony Strahan KC.

Contact: Clerks at Greens List | +61 3 9225 7222