Kym Fraser specialises in commercial litigation and dispute resolution.

He has worked on a wide range of disputes including trade practices litigation, partnership disputes, commercial tenancy disputes, judicial review proceedings, defamation, and an array of contractual disputes, including warranty claims under business acquisition agreements.

Kym has assisted many clients to deal with campaigns against them on social media. This has included "take-down" letters of demand and urgent interlocutory applications to Court for the removal of offending material.

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Expertise

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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.


EnergyAustralia: 
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 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.

See Investigations and Crisis Management

Government Services

Department of Immigration and Border Protection (DIBP): Acted for the Department in numerous 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

Knowledge

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