Government
LK advises and represents governments and public bodies in Australia, the United Kingdom and internationally. Our work includes Royal Commissions and other public inquiries, regulatory investigations, commercial disputes, trade matters and claims arising from major corporate collapses. We understand the sensitivities of public sector work and our team includes former government lawyers with first-hand experience of the standards, scrutiny and accountability these matters demand.
With a deep understanding of international trade laws, we advise clients on protections available under international trade treaties and act for clients bringing trade-related and commercial claims against governments.
Discrete, considered and exacting our team delivers work our government clients can rely on in the moment and future.
Experience
New Royal Adelaide Hospital
Representing the South Australian State Government on various strategic and legal issues concerning defaults, delays and disputes arising out of the AU$2.5 billion public-private partnership arrangements for the design, construction and operation of the State’s major health facility. This involves acting for the State in the associated expert determination proceedings, arbitral proceedings and proceedings in the Federal Court of Australia and the Supreme Court of South Australia
Whyalla Steelworks
Advising South Australian Government on insolvency issues related to the Whyalla Steel Works arising from the administration of OneSteel Manufacturing Pty Ltd and related entities. Coordinated urgent introduction of legislation to appoint an administrator to attract new investors with a view to safeguarding the jobs and livelihood of some 10,000 employees.
Kangaroo Island Port Redevelopment
Representing the South Australian State Government in a dispute concerning the upgrade of the ferry terminals at Cape Jervis and Penneshaw, including in Supreme Court proceedings commenced by the contractor.
Parliamentary Select Committee Inquiry
Supporting counsel assisting a Select Committee of the South Australian Parliament. The inquiry concerned a decision by the then Attorney-General and Deputy Premier to refuse development approval for a new deep-water port on Kangaroo Island and related issues of conflict of interest.
Sovereign State Cultural Property Claim
Advised and represented a sovereign State in disputes concerning the recovery of ancient artefacts believed to have been stolen or illegally excavated from its territory.
Confidential Independent Commission Against Corruption (ICAC) Investigation
Advised a public institution on a confidential ICAC inquiry.
State Taxation Advice
Conducting independent reviews and assessments of objections to complex payroll tax determinations, including an analysis of the factual and legal basis for decisions. Advising the State revenue authority on the interpretation and application of payroll tax legislation and case law.
Whistleblower Advice
Engaged by a whistleblower to collect, transmit, and report evidence of alleged breaches of US–Iran sanctions by a global conglomerate. Worked with intelligence partners across jurisdictions and filed reports with members of US Congress and relevant US authorities, including OFAC and FinCEN.
HIH Royal Commission
Retained by the Australian Government in the Royal Commission inquiry into the collapse of the HIH Insurance Group, one of Australia’s largest corporate failures. LK assisted the Royal Commissioner in all aspects of the inquiry, including the final report addressing future civil and criminal actions and reforms to corporate governance and the insurance industry.
European Commission Proceedings
Representing the European Commission as intervener in enforcement proceedings before Australian courts.
Recovery Proceedings
Acting for a consulting company in recovery proceedings against state and local governments concerning entitlements arising from negotiations with South Australia’s electricity distribution network provider.
Dispute regarding provision of Council Services
Representing residents in a dispute with a rural council arising from recommendations made by the South Australian Ombudsman in relation to the provision of electricity and water. Advised in respect of the Electricity Act 1996 (SA), Water Industry Act 2012 (SA) and Local Government Act 1999 (SA).
Defamation Proceedings
Representing the State of South Australia in relation to defamation proceedings concerning public statements made by a Minister of the Crown, including complex jurisdictional issues.
Investment Treaty Claims and Protection
Members of our team have acted on behalf of sovereign states in trade negotiations and in investment treaty claims. Currently advising an African nation on negotiations in relation to an international trade agreement with another sovereign state.
