Kellie Edwards

Kellie is a specialist in employment, industrial and discrimination jurisdictions. She also accepts briefs in administrative, trade practices, common law, and restraints of trade cases. Kellie represents plaintiffs and defendants in often large, complex litigation seeking diverse remedies in equity, under the common law and under legislation (such as discrimination and competition and consumer laws). Many of these matters settle without proceedings to mediation.  Kellie also advises and appears in appeals, as well as commissions, inquiries and inquests

Kellie is a qualified arbitrator and mediator and has mediated commercial, employment and discrimination matters.  She has been an arbitrator of the Local Court since 2016 and was the inaugural Chair of the Australian Payments Network’s Sanctions Tribunal arbitrating penalty decisions from 2017 to 2022.

Kellie has conducted complex investigations at the highest levels of government and corporate life covering diverse issues and concerning employment, industrial, discrimination and harassment laws, ultimately providing advice and recommendations to address individual and systemic issues.

Kellie applies her keen logic to every argument, and works towards the best resolution of legal issues for clients. Working closely with her solicitors and their clients, Kellie identifies client goals and desired outcomes in order to tailor a legal strategy to suit. Kellie brings to bear her decades of experience as a lawyer as well as her experience prior to becoming a lawyer, as a consultant, working in private enterprise, government (including the then NSW Department of Industrial Relations, Education, Training and Further Education and Board of Vocational Education and Training) and academia.

Outside of chambers, she enjoys spending time with family and friends, running, hiking, cycling, yoga, painting and music.

Practice Areas

  • Employment and Industrial
  • Discrimination
  • Administrative Law
  • Inquests and Commissions of Inquiry
  • Common Law

Recent and Selected Cases

a. Industrial and Employment Law

  1. Cross v Secretary of the Department of Education [2022] NSWIRComm 1096 (7 November 2022)
  2. Edgar v Norton Rose Fulbright Australia Services Pty Ltd [2022] FedCFamC2G 449 (on appeal).
  3. McLoughlin v Randstad Pty Ltd [2021] FCAFC 160 (overturning McLoughlin v Randstad Pty Ltd [2021] FCCA 223).
  4. Morrison v Australian National University [2022] FWC 3011
  5. Buchanan v Secretary, NSW Department of Education [2016] NSWIRComm 1045 (28 October 2016)
  6. Katerson Pty Ltd v Thambipillay [2016] NSWSC 1226.
  7. Marroun v State Transit Authority[2016] NSWSC 1830 (15 December 2016) – a successful defence of an appeal of a public service disciplinary hearing before the Industrial Relations Commission of NSW, leading to overturn in Marroun v State Transit Authority (2016) 215 IR 122.
  8. Beavan v Industrial Relations Secretary (No 1) (2016) 92 NSWLR 473.
  9. Buckley v Terrigal Grosvenor Lodge (Erina) Pty Ltd (No.2)(2015) 298 FLR 429.
  10. Richard Plunkett and Silverbrook Research Pty Limited (2012) 221 IR 90 (led by Max Kimber SC)

b. Discrimination and Human Rights:

  1. Delpachitra v University of Technology Sydney [2023] FCA 18 (20 January 2023) and Delpachitra v University of Technology Sydney [2022] FCA 22 (successful strike out applications before O’Sullivan J and Besanko J respectively).
  2. Gutierrez v MUR Shipping Australia Pty Limited [2021] FedCFamC2G 56 (first successful claim under federal age discrimination laws – on appeal with regard to damages decision pending).
  3. Edgar v Norton Rose Fulbright Australia Services Pty Ltd [2022] FedCFamC2G 449 (on appeal).
  4. McLoughlin v Randstad Pty Ltd [2021] FCAFC 160 (overturning McLoughlin v Randstad Pty Ltd [2021] FCCA 223).
  5. Vitality Works Australia Pty Ltd v Yelda (No 2) (2021) 105 NSWLR 403.
  6. Hinton v Alpha Westmead Private Hospital P/L (2016) 242 FCR 1 (led by Kylie Nomchong SC)
  7. Casey v Rebel Sport Ltd & Anor [2017] FCCA 1470 (3 July 2017)
  8. Fernandez v University of Technology, Sydney (2015) FCCA 3432.
  9. Innes v Rail Corporation of NSW (No 2) (2013) 273 FLR 66 .
  10. Kujundzic v MAS National & Ors (2013) 274 FLR 125.
  11. Burns v Media Options Group Pty Ltd & Ors [2013] FCCA 79.

c. Administrative Law

  1. Department of Education and Training v EM (GD) [2011] NSWADTAP 4.
  2. Parmar v Minister for Immigration and Citizenship (includes erratum dated 7 July 2011) (2011) 195 FCR 186.
  3. Kiernan v Commissioner of Police, New South Wales Police (No. 2) (GD) [2010] NSWADTAP 18 (26 March 2010) – appeal.
  4. Claim to nullify judgment due to legal incapacity under the Uniform Civil Procedure Rules in Azar v Dr Ritchie unreported before the District Court.

d. Common Law and Commercial Law

  1. Katerson Pty Ltd v Thambipillay [2016] NSWSC 1226.
  2. Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) FCA 1352 (16 October 2006) 236 ALR 720; (2006) 70 IPR 146; [2007] ALMD 1936.
  3. Darcy v State of New South Wales [2010] NSWDC 210 (21 September 2010) and Darcy (bht Diane Aldridge) v State of New South Wales [2011] NSWCA 413 (21 December 2011) (led by Dr Chris Birch SC).
  4. State of New South Wales v Rogerson (2007) Aust Torts Reports 81-926 (early bullying case).

Appointments / Nominations / Awards

  • Chairperson Australian Payments Network – April 2016 to 2022
  • Arbitrator of the Local Court of NSW (2016 to present)
  • LEADR Accredited Mediator (2014)
  • Member of the NSW ADT (Equal Opportunity Division) (now NCAT) – 1997-2003
  • Recommended Doyles Employment 2022
  • Finalist Australian Law Awards Barrister of the Year 2022

Publications

  1. Author Thomson’s National Workplace Relations looseleaf service – 2005-2009
  2. Editorial Member NSW Cell of the Alternative Law Journal – 2001 to 2007.

Any other committees / volunteering

  1. Bar Council Subcommittee on Accessibility – May 2022 to date.
  2. LEADR Accredited Mediator – since 2014.
  3. BarADR Approved Arbitrator – since 2016.
  4. Arbitrator of the Local Court of NSW- January 2016 to present.
  5. Bar Council Subcommittee on Wellbeing – June 2017 to date.
  6. Bar Council Subcommittee Arbitration and ADR – 2017 to 2018.
  7. Bar Council Subcommittee on Education – 2013-2016.
  8. Mentoring in Freehill’s Women’s Mentoring Program- 2013 to date.
  9. Judging Baker and McKenzie’s Women’s Law Moots – 2011 to date.

Recent Presentations / Chairing seminars

  1. Unethical Behaviours in Legal Practice – Rule 123 – March 2023
  2. The Impact of #MeToo on Employment and Sexual Harassment Claims – March & September 2022
  3. Discrimination & IR in the Pandemic – March 2022
  4. Chairing Legalwise Employment Seminar – March 2022

Date of Admission to the Bar 2005
Date of Admission as a solicitor 2001