Kess's particular expertise includes competition and trade practices, class action, energy/resources and construction litigation in Federal and State courts, as well as commercial arbitration.
Prior to joining the Bar, Kess was a Senior Associate in the commercial litigation team at King & Wood Mallesons (previously Mallesons Stephen Jaques), where she worked for over 10 years. Kess has experience in a wide range of disputes including large scale and high profile litigation, as well as highly sensitive disputes.
Kess holds a Master of Laws from the University of Melbourne, a Bachelor of Laws with Honours from Deakin University, and a Bachelor of Creative Arts from the University of Melbourne/Victorian College of the Arts.
Liability limited by a scheme approved under the Professional Standards Legislation
- Banking & Finance
- Building & Construction
- Class Actions
- Commercial Arbitration
- Consumer Law
- Contractual Disputes
- Corporations & Securities
- Energy & Resources
- Equity & Trusts
- Private International Law
- Real Property
- Residential & Retail Tenancies
- Confidential Information
- Privacy & Data Protection
- Class Actions
- Commissions & Inquiries
- Major Torts
- Professional Negligence
Bachelor of Creative Arts
Bachelor of Laws (Hons)
Master of Laws (Melb)
State and Territory Courts and Tribunals
Australian Gas Networks v Goldman Sachs, acting for AGN in a Supreme Court claim for restitution of moneys allegedly paid by mistake, led by Philip Crutchfield QC.
Cargill Australia v Viterra Malt, acting for Viterra and Glencore in a Supreme Court action brought by Cargill in relation to representations made in the course of a business acquisition transaction, led by Alan Archibald QC and Stephen Parmenter.
Kurban v Mamounia, acting for an incorporated trust and a trustee in relation to an application for an interlocutory injunction, led by Andrew Hanak.
Mitic v OZ Minerals Limited, acting for Clayton Utz in a Federal Court class action in respect of allegations of misleading and deceptive conduct, led by Peter Jopling QC and Jeremy Slattery.
Acting for a contractor in an ICC arbitration in respect of a construction dispute over a major infrastructure project in Queensland.
Acting for the owner in a VCAT construction dispute, unled.
Acting for the lessee in a VCAT commercial lease dispute, unled.
Acting for the defendant in a Magistrates’ Court debt matter, unled.
Advice in relation to a restraint of trade dispute between a law firm and a departing partner of that firm, led by Philip Crutchfield QC.
ACCC v Yazaki Corporation & Australian Arrow Pty Ltd: Kess acted for the defendants in a Federal Court proceeding brought by the ACCC in relation to an international car parts cartel.
Telstra Corporation Limited v Singtel Optus Pty Ltd: Kess acted for Telstra in a Supreme Court of Victoria proceeding claiming Optus was broadcasting a misleading and deceptive television advertising campaign.
Kess acted in a domestic arbitration relating to alleged defects in the construction of a gas distribution network.
Kess acted for a joint venture in a complex international arbitration concerning the alleged repudiation of a charter party contract relating to an offshore oil production and storage vessel.
ACCC v Fisher & Paykel Customer Services Pty Ltd & Domestic & General Services Pty Ltd: Kess acted for the second defendant in a Federal Court proceeding brought by the ACCC in relation to alleged breaches of extended warranty regulatory legislation.
Aquila Coal Pty Ltd v Bowen Central Coal Pty Ltd: Kess acted for Aquila in proceedings in the Queensland Supreme Court and subsequently the Court of Appeal in relation to a coal mining joint venture dispute with Vale.
Kess has provided ongoing advice to a food manufacturer in relation to various disputes arising out of a perishable food distribution franchising network.
Kess advised an officer of a large corporate client in relation to an appearance before a Senate inquiry.
ICM Investments Pty Ltd v San Miguel Corporation & Berri Limited: Kess acted for the second defendent in relation to a claim in the Supreme Court of Victoria for alleged failure to pay a dividend on sale of business.
Kess has acted for the partnerships of several law firms in relation to disputes with out-going partners, including in a proceeding brought in the Supreme Court of Victoria.
BHP Billiton Bass Strait Pty Ltd & Anor v Esso Australia Pty Ltd & Anor: Kess acted for BHP Billiton in a Victorian Supreme Court claim brought against Esso in relation to the fire and explosion at the Longford Gas Plant.
ACCC v Telstra Corporation Limited: Kess acted for Telstra in a Federal Court claim brought by the ACCC against Telstra in relation to Telstra’s ‘Next G’ advertising campaign.
Victorian Bar - Commercial Bar Association