About Kate Austin
Kate is a specialist in complex commercial disputes, class actions, regulatory investigations and public inquiries. She combines deep technical knowledge with a practical and strategic approach to conduct of litigation.
Kate's relevant experience includes:
- Commissions of Inquiry – acting for corporate and government parties in some of the most significant inquiries in recent times including as lead partner for Australian Unity in the Aged Care and Disability Royal Commissions, and the Department of Justice and Community Safety in the Victorian Hotel Quarantine Inquiry. She also acted for Bupa in the Royal Commission into Defence and Veteran Suicide.
- Competition disputes – acting for Epic Games in two Federal Court proceedings against Apple and Google alleging misuse of market power and other anti-competitive conduct in respect of mobile app distribution and in-app payment systems. This is the first big tech antitrust litigation in Australia and involved complex expert evidence from a range of disciplines including technology, security, payments, antitrust economics, econometrics, behavioural economics and forensic accounting. It involved a 16-week trial and included two related class actions.
- Regulatory investigations – acting for corporate parties and individuals in significant regulatory investigations (and follow on enforcement action) by ASIC, APRA, the ATO and the ACCC, including in the financial services, telecommunications and mining sectors.
- Class Actions – acting in defence of financial product class actions against ANZ and Bendigo Bank (the later in relation to the collapse of the Great Southern companies, one of Victoria's largest ever class action trials). Acting for Air France, KLM and Martinair in the aircargo cartel class action.
- Commercial disputes – acting for major clients in contractual, insurance and professional negligence claims.
- Tax disputes – acting for ANZ in Federal Court proceedings, at first instance and on appeal, against the Commissioner of Taxation arising out of Project Wickenby. Acting for a major client in a transfer pricing dispute with the ATO.
Kate is also a leader of the firm's multi-disciplinary Allens Arrow team which focuses on the use of advanced legal technologies to manage data in investigations and litigation.