image of Kym FraserKym Fraser

Clayton Utz Partner , Melbourne, Sydney T +61 3 9286 6913 | +61 2 9353 5369

Kym Fraser specialises in commercial litigation and dispute resolution.

He has vast experience in handling all manner of commercial disputes including joint venture and shareholder disputes, trade practices litigation, partnership disputes, commercial tenancy disputes, defamation and an array of contractual disputes in various industries and sectors.

Kym also has a leading public law litigation practice.  He has extensive experience in acting in judicial review proceedings in the superior courts in Australia, acting primarily for Commonwealth and State departments and agencies, including in connection with challenges to major infrastructure projects.

Kym has also recently acted in high profile public and private Investigations and Commissions of Inquiry.  These have been matters of significant reputational impact to his clients.  He has also assisted many clients to deal with campaigns against them on social media and other on-line services. This has included "take-down" letters of demand and urgent interlocutory applications to Court for the removal of offending material and the publication of remedial statements.

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Litigation and Dispute Resolution

Linking Melbourne Authority (LMA): Advising LMA in connection with litigation risks and management in respect of the East-West Link Project, including acting for LMA in Supreme Court of Victoria (at trial and on appeal) and in the High Court of Australia in proceedings commenced by Anthony Murphy.

Vision Group Holdings (VGH):
 Acting for VGH in proceedings in the Supreme Court of Queensland against a former Doctor Partner (Ophthalmologist) of the Group in connection with breach of contract and misleading and deceptive conduct allegations.

Racing Victoria Ltd (RVL)
: Advising RVL in connection with the constitutional validity of and challenges to various States' "Race Fields" legislation.

Acted for a market participant in a gas supply interruption dispute under the wholesale gas market rules for Victoria. This involved proceedings before a dispute resolution panel comprising two former judges and an expert economist, and judicial review proceedings in the Supreme Court of Victoria.


Toll Holdings Limited: Acting in various Supreme Court litigation and domestic arbitrations against Patrick Corporation arising in the context of Toll's hostile takeover bid for Patrick.

ThoroughVisioN Pty Ltd (TVN):
 Representing TVN in various Supreme Court of NSW and Federal Court of Australia proceedings against Sky Channel involving competition issues under Part IV of the Trade Practices Act 1974 (Cth).

See Litigation and Dispute Resolution

International Arbitration

Major US Agribusiness Company: Acting in a major international arbitration (under the AAA Rules) between US Company and its Australian distributor in relation to a contractual dispute arising under their Distributorship Agreement.

Toll Holdings Limited:
 Acting in various Supreme Court litigation and arbitrations against Patrick Corporation arising in the context of Toll's hostile takeover bid for Patrick. 

See International Arbitration

Social Media

Kym's skills in protecting his clients' reputation have seen him called upon to deal with the challenges of social media, including take downs of defamatory and/or misleading material from websites, blogs, Twitter, YouTube  and other social media channels. Most recently, he ran a high-profile case in the Federal Court  for Tintern School against a disgruntled parent who waged a social media campaign against the school board and principal (based in defamation, misleading and deceptive conduct and breach of copyright). 

See Social Media

Investigations and Crisis Management

Royal Commission into Institutional Responses to Child Sexual Abuse: Acting for The Salvation Army (Southern Territory) in response to and connection with this Royal Commission.

Undisclosed Victorian Public Hospital: Acting for a major Victorian hospital in connection with a Victorian Ombudsman Inquiry concerning the affairs of the Hospital and associated matters arising out of the Ombudsman's report.

Victorian Department of Health: Advising the Department and a public hospital on open disclosure in the context of a cluster of adverse events.

See Investigations and Crisis Management

Government Services

Department of Immigration and Border Protection (DIBP): Acted for the Department in literally hundreds of proceedings conducted in a range of courts and tribunals (including the High Court of Australia, Federal Court, Federal Circuit Court and the Administrative Appeals Tribunal) in relation to refusals by the Minister for Immigration's delegates to grant various types of visa to applicants under the Migration Act 1958. Kym has acted for the Department in this field since 2003. 

See Government Services


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