Kate Davey Senior Associate

Kate joined KHQ in 2015 and has extensive experience in dispute resolution and litigation.

Kate has acted for a wide range of clients in the banking and financial services, retail, manufacturing, insurance and property industries. She practises primarily in the areas of contractual disputes, property and leasing disputes and all aspects of debt proceedings for financial institutions.

Prior to joining KHQ, Kate worked at K&L Gates (formerly Middletons) where she gained experience on a broad range of matters including the Centro class action.

Kate has a particular interest in community law and has provided pro bono support to a number of clients in litigious matters.

Latest News & Insights

High Court refuses special leave to appeal, “ultimate consumer” test confirmed (for now)

Posted By on 19/12/17 at 4:39 PM

On Friday the High Court refused an application for special leave to appeal the Victorian Court of Appeal decision of IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 (Appeal Decision).  The Appeal Decision was significant for all landlords and tenants because it confirms that the “ultimate consumer” test is part … Read more

Significant changes to the Bankruptcy Act

Posted By on 13/12/17 at 10:28 AM

Under a bill introduced into Parliament earlier this year, the default period for bankruptcy in Australia is proposed to be significantly reduced from three years to one year (along with various other reforms). According to the Explanatory Memorandum which accompanied the Bankruptcy Amendment (Enterprise Incentives) Bill 2017, the reforms aim to: “… foster entrepreneurial behaviour … Read more

AFS licence holder cops penalty for breach of the best interests duty

Posted By on 3/11/17 at 9:26 AM

By Josephine Mammone (Trainee Lawyer), Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On 27 October 2017, the Federal Court imposed a significant penalty, totaling $1 million, against financial services firm NSG Services Pty Ltd (NSG) in what ASIC has described as ‘the first civil penalty imposed on a financial services licensee for breaches … Read more

Statutory Demands – the pros and cons

Posted By on 4/05/17 at 9:44 AM

As we noted in our earlier blog post titled “You’re owed money…what next?”, in certain circumstances, a Statutory Demand may be an appropriate method for recovering a debt from a company. The purpose of this post is to detail the process for issuing a Statutory Demand and to consider the pros and cons of doing … Read more

Discovery 101

Posted By on 10/06/16 at 4:34 PM

Discovery…it’s a necessary step in any litigation and the one that causes clients the most frustration. Outlined below are the basics you need to know. What is discovery? Discovery is the process by which parties to litigation provide one another with all documents in their possession which are relevant to the issues in dispute. Generally, … Read more

You’re owed money…what next??

Posted By on 17/05/16 at 9:20 AM

So you’ve tried the usual methods – sending outstanding invoices with “REMINDER: your account is overdue” stickers on them and making follow-up telephone calls – what’s next? Letter of demand This document, usually sent on a lawyer’s letterhead, states how much is owed and on what basis. It concludes with a warning that legal action … Read more

Early stage management of a looming dispute

Posted By on 19/01/16 at 1:40 PM

The way in which you manage a potential dispute in its early stages (before anyone actually issues a legal proceeding) can set you up for success or failure later on. Identifying and dealing with potential disputes early may even enable you to negotiate a settlement and avoid formal legal proceedings altogether. Outlined below are some … Read more