Areas of Practice
With extensive experience across domestic and international forums, Caroline acts as arbitrator and mediator in complex disputes.
Areas of Expertise
Dr Caroline Kenny KC practises across a wide range of complex and high-stakes matters. She is regularly briefed in significant cases involving domestic and international disputes, sitting as arbitrator or mediator where appropriate.
Below is an outline of her principal areas of practice:
Alternative Dispute Resolution
Caroline has deep expertise in resolving disputes outside of the courtroom. She is frequently appointed as arbitrator, mediator, or expert in domestic and international matters.
Arbitration
Caroline acts in and presides over commercial arbitrations governed by institutional and ad hoc rules. She is a Fellow of CIArb and ACICA, and has experience with UNCITRAL, ICC, HKIAC, LCIA and SIAC rules.
Expert Determinations
She has been appointed as an independent expert to resolve technical or legal disputes in commercial contracts, particularly within construction and infrastructure sectors.
Mediations
As an accredited mediator, Caroline facilitates the resolution of complex disputes in a range of areas, from corporate breakdowns to commercial litigation, helping parties achieve practical outcomes.
Commercial Law
Caroline’s commercial practice encompasses the full spectrum of corporate and business disputes, acting for both public and private entities.
Banking and Finance
She arbitrates matters involving financial instruments, securities enforcement, regulatory investigations, and institutional lending disputes.
Commercial Class Actions
Caroline has experience in large-scale commercial class actions involving shareholder claims, financial product misrepresentation, and misleading conduct.
Competition and Consumer Law
She acts as counsel and arbitrator in proceedings involving restrictive trade practices, cartel conduct, unconscionable conduct, and consumer protection breaches under the Australian Competition and Consumer Law.
Contractual Disputes
Caroline is widely briefed in complex contractual disputes involving construction, joint ventures, franchise agreements, and business sales.
Intellectual Property
She has acted in proceedings involving copyright, trademarks, and confidential information, often in the context of commercial transactions or restraint of trade.
Bankruptcy and Insolvency
Caroline advises and has been appointed arbitrator in relation to voluntary administrations, liquidations, bankruptcies, and related litigation including voidable transactions.
Building and Construction
Caroline acts in disputes involving large-scale infrastructure and construction projects, including claims relating to delay, defect, and non-payment. Caroline is often appointed as arbitrator in these matters.
Common Law and Personal Injury
She has experience in significant common law cases involving personal injury, tortious liability, and class actions, including novel and developing areas of duty.
Corporations Law
Caroline regularly advises on and appears in matters involving shareholder disputes, governance breaches, and compliance with the Companie’s Legislation.
Insurance
She has particular experience in proceedings involving alleged breaches of directors’ duties, including civil penalty proceedings, derivative actions, claims of mismanagement, reinsurance and insurance matters.
Equity
Her experience in fiduciary duties, breaches of trust, equitable compensation, and remedies including injunctions and account of profits, family provision claims, and disputes over testamentary capacity and undue influence.
Sports Law
Caroline advises and appears in matters relating to governance, disciplinary action, anti-doping, and contract disputes within sporting bodies and leagues.