KYM KENNEDY
Canberra,ACT
Summary
I am an acting Principal Legal Officer (Executive Level 2) in AFSA Legal at the Australian Financial Security Authority (AFSA). I have 21 years’ post admission experience working in law firms in Sydney and Canberra and the Federal Government in Canberra. I have also worked as a Litigation Lawyer in London (UK). I hold a Negative Vetting Level 1 (NV1) Government Security Clearance. Practicing Certificate I am eligible to hold and maintain a practicing certificate. I have previously held a restricted, unrestricted and government practicing certificate with the Law Society of ACT and a restricted and unrestricted practicing certificate with the Law Society of NSW.
Overview
16
16
years of professional experience
Work History
Senior Legal Officer (Executive 1)
Attorney-General’s Department
03.2022 - Current
- Provide pragmatic, responsive and results focused advice to Attorney-General and Senior Executive on Class Actions and Litigation Funding reforms based on Australian Law Reform Commission Inquiry Report recommendations and Parliamentary Committee Inquiry Report recommendations
- Exercise strong analytical and critical thinking skills to explore and develop options, including legislative and financial solutions to present to Attorney-General and Senior Executive
- Progress Class Actions and Litigation Funding proposed legal policy and legislative changes
- Undertake sensitive stakeholder engagement with Treasury, ASIC and PM&C on the Class Actions and Litigation Funding reforms
- Provide pragmatic, responsive and results focused advice to Attorney-General and Senior Executive on South West Sydney Justice and Community Precinct project
- Consult with Consultants for provision of demand modelling report on South West Sydney Justice and Community Precinct project
- Prepare high level briefings for Senior Executive for meetings with Attorney-General
- Prepare high level briefings for Senior Executive to attend steering committee meetings on South West Sydney Community and Justice Precinct
- Represent Commonwealth by attending working group meetings on South West Sydney Community and Justice Precinct
- Exercise excellent written and verbal communication skills for purposes of effective collaboration with internal and external stakeholders and departments/agencies
- Demonstrated ability to work flexibly and to suit changing priorities and demanding workload
- Exercise daily strong time management skills to ensure projects both meet timeframes and deliver outcomes
- Attend to legal co-ordination tasks for Attorney-General Office at Parliament House.
Senior Government Lawyer (Executive Level 1)
Attorney-General’s Department
07.2021 - 03.2022
- Carriage of high profile and sensitive litigation matters
- Responsible for commencement of legal proceedings on behalf of Commonwealth against Liquidators and Receivers for breaches of section 561 and section 433 of Corporations Act 2001
- Provide pragmatic, responsive and results focused advice to Senior Executive and Forensic Accountants in Branch concerning litigation and corporate insolvency matters, in particular breaches of Corporations Act 2001 by Liquidators and Receivers
- Exercise strong analytical skills by reviewing legal advice prepared by departmental Lawyers and Counsel to determine if in best interests of Commonwealth to commence legal proceedings against Liquidators and Receivers after considering financial and reputational risk
- Prepare committee minutes/delegate minutes to internal steering committee setting out legal strategy/analysis and legal recommendation for provision of litigation funding
- Supervise, lead and mentor Junior Lawyers, law graduates and paralegals
- Undertake performance appraisals for Junior Lawyers and law graduates
- Effectively manage relationships with internal and external stakeholders and other departments/ agencies (ATO, ASIC and AGS), including attending meetings and forums locally and interstate.
Senior Legal Officer (Executive Level 1)
Office of Legal Services Coordination (OLSC), Legal Services Policy Division
12.2020 - 07.2021
- Administer parts of Legal Services Directions 2017 including obtaining litigation settlement approval from Attorney-General on behalf of Commonwealth departments/agencies
- Analysis legal issues provided by broad range of Commonwealth departments/agencies when seeking settlement approval from Attorney-General in settling litigation claims brought against Commonwealth
- Work with Commonwealth departments/agencies and their Lawyers (AGS) and Counsel on settlement approvals and risk-based strategies and considering financial and reputational risk
- Work closely with AGS on legal policy and strategic issues connected to presentation of Commonwealth evidence, legal, financial and reputational risk and quantum of litigation claims brought against Commonwealth
- Work closely with Commonwealth departments/agencies, AGS and Attorney-General’s Office to meet deadlines for Commonwealth departments/agencies to settle matters at mediation or prior to trial in different jurisdictions
- Responsible for coordination and conduct of Significant Legal Issues (SLIC) Committee Meetings held every quarter with Secretary of AGD, Solicitor-General, AGS legal representatives (Lawyers and Counsel), Division heads and presenting Commonwealth departments/agencies
- Assist with settlement of large litigation class actions (including preparing Cabinet Submissions for settlement)
- Attend to legal tied work requests and litigation responsibility
- Supervise, lead and mentor Junior staff
- Undertake performance appraisals for Junior staff
- Mentor Graduate Lawyer in Industrial Relations Legal Group, as part of the 2021 AGD Graduate Program
- Assessor for 2022 AGD Graduate Recruitment Process.
Senior Government Lawyer (Executive Level 1)
Fair Entitlements Guarantee (FEG) Recovery & Litigation Branch, Industrial Relations Group
07.2017 - 12.2020
- Analyse litigation funding applications from Liquidators and their Lawyers to determine whether Commonwealth should provide funding to commence legal proceedings against directors and company officers, having regard to merits, prospects of success and risks of legal action, complexity of legal action, availability of favourable evidence and related matters for recoverability of FEG advance (employee entitlements) paid by Commonwealth
- Day to day carriage of high profile and sensitive litigation matters
- Appear in Supreme Court and Federal Court of Australia in Sydney, Brisbane and Melbourne and attend High Court in Canberra and Brisbane in proceedings such as public examinations, breach of director duty claims, unfair preference claims and insolvent trading claims
- Provide pragmatic, responsive and results focused advice to Senior Executive on financial and reputational risk for Commonwealth to provide indemnity with respect to any adverse costs order arising from legal proceedings
- Draft Litigation Funding Agreements and Amendment Deeds and negotiate clauses with Liquidators and their Lawyers
- Prepare committee minutes/delegate minutes for internal steering committee setting out legal strategy and legal recommendation for provision of litigation funding
- Liaise with Liquidators and their Lawyers with respect to ongoing legal strategy and oversee conduct of litigation, to ensure Liquidators and their Lawyers are conducting litigation in best interests of Commonwealth
- Supervise, lead and mentor Junior Lawyers, law graduates and paralegals
- Undertake performance appraisals for Junior Lawyers and law graduates
- Manage sensitive stakeholder engagement with ATO and ASIC, including attending meetings and forums locally and interstate
- Branch representative for ATO Phoenix Taskforce (including preparing reports to ATO reporting suspicious corporate activity and enforcement activities and attending ATO Phoenix taskforce meetings and forums and reporting back to Senior Executive)
- Leader of Corporate Governance tasks for Branch (including preparation of all senior executive litigation reports including: Key Legal Matters Report to Minister for Industrial Relations and Attorney-General, Significant Legal Issues Report to Office of Legal Services Coordination of AGD, FEG Recovery Program Quarterly Report to Secretary of AGD, Significant Legal Issues Committee Report to OLSC, responsible for facilitating monthly internal steering committees for litigation funding approvals and granting of indemnities by Commonwealth with respect to adverse cost orders.
Attorney-General Lawyer
Mutual Assistance & Extradition (Criminal Casework) Division – International Crime Cooperation Central Agency (ICCCA) - Criminal Justice Group
01.2017 - 07.2017
- Carriage of large caseload of 53 criminal matters (extradition cases and mutual assistance cases) – confiscating proceeds of crime, tax fraud, drug offences, on-line child sexual exploitation, terrorism, espionage, homicide, violence offences, property offences, money laundering, war crimes, historical sexual offences, environmental offences and offences against Corporations legislation
- Undertake legal processes for incoming extradition requests, outgoing extradition requests and provisional arrest warrants
- Prepare extradition matters for Magistrates Court appearances (search and seizure warrant hearings, remand hearings, surrender hearings etc.) and preparation of submissions and appeal submissions
- Appear as advocate in extradition proceedings in Magistrates Court of ACT
- Prepare ministerial submissions and briefing material to Minister for Justice relating to extradition matters
- Responsible for conduct of casework pursuant to Extradition Act 1988, Mutual Assistance in Criminal Matters Act 1987, Proceeds of Crime Act 2002, Foreign Evidence Act 1994 and International Criminal Court Act 2002
- Liaise and consult with victims in prosecutions, especially in relation to cases involving sexual offences and violent offences
- Effectively manage relationships with stakeholders including Australian Federal Police, AFP International Liaison Officers, State Police Forces, Commonwealth Director of Public Prosecutions, Office of Director of Public Prosecutions, Interpol Channels, Central Authorities in foreign countries, Victims and Witnesses
- Provide pragmatic, responsive and results focused advice to Australian Law Enforcement Agencies, International Law Enforcement Agencies with respect to extradition legal proceedings and mutual assistance requests
- Supervise, lead and mentor legal officers and support staff
- Undertake legal research into international reciprocal criminal laws and international treaties
- Active involvement in activities aimed at improving work practices within International Crime Cooperation Central Agency.
Legal Officer
Legal, Policy & Reform Section – AusCheck – Criminal Justice Group
08.2016 - 01.2017
- Undertake legal criminal casework with respect to AusCheck Scheme
- Undertake legal reviews with respect to national background police checks (criminal history information) for issue of Maritime Security Identification Cards (MSIC) and Aviation Security Identification Cards (ASIC) to ascertain if applicants are eligible within criminal legislative framework
- Undertake statutory interpretation with respect to criminal legislation
- Undertake special projects for Assistant Secretary and Directors of AusCheck with respect to criminal legislative reforms
- Undertake comprehensive criminal law research
- Liaise with MSIC and ASIC applicants with respect to their criminal records
- Supervise, lead and mentor legal officers and graduates with respect to criminal legal casework and legal file reviews
- Point of contact for AusCheck’s criminal background checking and operations staff with respect to criminal legislative framework for MSIC and ASIC Schemes
- Prepare legal criminal recommendations to Delegates with respect to AusCheck eligibility criteria
- Attend and participate in AusCheck and Issuing Body (IB) forums interstate
- Effectively manage relationships with stakeholders.
Special Counsel
Griffin Legal, Canberra
12.2015 - 07.2016
- Head of litigation, personal insolvency, and estate planning practice areas
- Day to day carriage of large caseload of litigation matters, including commercial disputes, class actions, compensation claims, insolvency matters and estate planning matters
- Preparation of legal correspondence, pleadings and legal documents
- Appear as advocate in Supreme Court of ACT, Magistrates Court of ACT, District Court of NSW and Administrative Appeals Tribunal
- Supervise, lead and mentor Junior Lawyers and paralegals in litigation, insolvency, debt recovery and estate planning practice areas
- Settle legal correspondence and Court documents prepared by Junior Lawyers and paralegals
- Brief Counsel and attend conferences with Counsel
- Brief Experts to prepare reports and/or give evidence
- Achieve daily billable targets and ensure Junior Lawyers and paralegals meet their daily billable targets
- Responsible for delegation of work to Junior Lawyers and paralegals within litigation, insolvency, and estate planning practice areas
- Business development activities –attend client events and client lunches
- Prepare blogs and present at client events and seminars.
Senior Associate
Goodman Law, Canberra
08.2014 - 12.2015
- Day to day carriage of litigation matters including complex and sensitive disputes, including commercial disputes, compensation claims, property claims, insolvency matters, estate planning matters, estate litigation matters and building and construction matters
- Appear as an advocate in the Supreme Court of ACT and Magistrates Court of ACT
- Provide pragmatic, responsive and results focused advice
- Prepare legal documents (Statement of Claim, Originating Process Application, Defence, Counterclaim, Affidavit, Witness Statement, Short Minutes of Order, Consent Orders, Shareholder Agreement, Deed of Release, Discharge and Indemnity, Testamentary Will, Probate and Letter of Administration documents, Enduring Powers of Attorney etc.)
- Prepare legal correspondence (including Calderbank letters)
- Brief Experts to provide reports and/or to give evidence
- Supervise, lead and mentor Junior Lawyers and paralegals concerning legal process, correspondence, Court documents and Court procedures
- Achieve billable hours (budget) plus client referral base
- Perform client management (including reporting to clients; liaise with accountants and other third parties regarding client matters)
- Conduct business development (including attending networking and professional social events, accept referrals and refer clients to contacts)
- Present seminars and presentations (including writing blogs and articles on related areas of law).
Senior Litigation Lawyer
Malouf Solicitors, Sydney
04.2011 - 07.2014
- Day to day carriage of litigation matters including commercial disputes, compensation claims, property disputes, estate litigation matters and medical negligence matters
- Appear as advocate in direction hearings, pre-trial reviews, notice of motion hearings, interlocutory hearings, contested hearings, appeal hearings in Supreme Court of NSW, Federal Court of Australia, Federal Circuit Court, Supreme Court of Appeal of NSW, District Court of NSW and various Local Courts in Sydney
- Attend mediations (private and Court appointed), conciliation conferences and arbitrations
- Prepare legal correspondence (including written pragmatic, responsive and results focused legal advice)
- Prepare Court documents
- Brief Experts to provide reports and/or to give evidence
- Brief Counsel and attend conferences with Counsel
- Supervise, lead and mentor paralegals regarding legal process, correspondence, Court documents and Court practices and procedures
- Conduct client meetings
- Undertake client management; liaise with accountants, mortgage brokers and other third parties regarding client matters
- Undertake Business Development - attend networking and professional events.
Senior Lawyer
Kent Attorneys, Sydney
04.2009 - 04.2011
- Day to day carriage of litigation matters including commercial disputes, compensation claims, property disputes, insolvency matters and estate planning
- Appear as advocate in Supreme Court of NSW, Federal Court of Australia, Federal Magistrates Court, District Court of NSW and various Local Courts in Sydney
- Prepare legal documents, correspondence (including pragmatic, responsive and results focused advice)
- Brief Experts to provide reports and/or give evidence
- Brief Counsel and attend conferences with Counsel.
Litigation Lawyer
HWL Ebsworth Lawyers, Sydney
08.2008 - 04.2009
- Day to day carriage of large-scale Supreme Court litigation (workplace law matter) including providing pragmatic, responsive and results focused advice, preparing lay evidence, instructing experts and appearing as advocate in Supreme Court of NSW
- Day to day carriage of large-scale Supreme Court litigation (building & construction matter) including undertaking discovery process and appearing as advocate in the Supreme Court of NSW.
Education
Bachelor of Laws Degree (LLB) -
University of New England, Armidale, NSW
07.2003
Associate Diploma in Legal Practice, Professional Program (Practical Legal Training Course, College of Law) - Law
College of Law
Sydney, NSW08.2003
Some College (No Degree) -
University of Southern Queensland
Queensland, QLDAffiliations
- Professional Member of the Law Society of ACT (2014 onwards))
- Professional Member of the Law Society of NSW (2003 to 2014)
- Full Professional Member of the Australian Restructuring Insolvency and Turnaround Association (ARITA)
Pro Bono Activities
- Pro Bono work for the Cancer Council of Australia
- Volunteer to the Law Society of ACT Advice Bureau
- Mentor for the Law Society of ACT Young Lawyers Mentoring Program (2019)
- Participant at the 12th National Public Sector Women in Leadership Summit (2019)
- Participant at the Public Sector Women’s Leadership Workshop (2020)
- Mentor for the 2021 Attorney-General’s Department Graduate Program (2021)
- Assessor for the 2022 Attorney-General’s Department Graduate Recruitment Process (2021)
- Women’s Lawyers Association of Australia
- Member of Canberra Women in Business
- Vice Present of the Ultra Mediocre Runners Club of Canberra (UMROC)
- Attendee at regular Executive Level 2 (EL2) Leadership Strategy Workshops
- Nominee for the 2024 AFSA Chief Executive Awards for Leadership
Admissions
- Admitted as a Legal Practitioner in the Supreme Court of New South Wales – Oct 2003
- Registered as a Legal Practitioner in the Australian Capital Territory – July 2014
- Registered as a Legal Practitioner in the High Court of Australia – August 2015
References
Available on request.
Timeline
Senior Legal Officer (Executive 1)
Attorney-General’s Department
03.2022 - Current
Senior Government Lawyer (Executive Level 1)
Attorney-General’s Department
07.2021 - 03.2022
Senior Legal Officer (Executive Level 1)
Office of Legal Services Coordination (OLSC), Legal Services Policy Division
12.2020 - 07.2021
Senior Government Lawyer (Executive Level 1)
Fair Entitlements Guarantee (FEG) Recovery & Litigation Branch, Industrial Relations Group
07.2017 - 12.2020
Attorney-General Lawyer
Mutual Assistance & Extradition (Criminal Casework) Division – International Crime Cooperation Central Agency (ICCCA) - Criminal Justice Group
01.2017 - 07.2017
Legal Officer
Legal, Policy & Reform Section – AusCheck – Criminal Justice Group
08.2016 - 01.2017
Special Counsel
Griffin Legal, Canberra
12.2015 - 07.2016
Senior Associate
Goodman Law, Canberra
08.2014 - 12.2015
Senior Litigation Lawyer
Malouf Solicitors, Sydney
04.2011 - 07.2014
Senior Lawyer
Kent Attorneys, Sydney
04.2009 - 04.2011
Litigation Lawyer
HWL Ebsworth Lawyers, Sydney
08.2008 - 04.2009
Bachelor of Laws Degree (LLB) -
University of New England, Armidale, NSW
Associate Diploma in Legal Practice, Professional Program (Practical Legal Training Course, College of Law) - Law
College of Law
Some College (No Degree) -
University of Southern Queensland
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