- Successfully negotiating the withdrawal of a Writ issued against a security company following injury sustained by an intoxicated patron, relying on the technical defences of voluntary assumption of risk and ex turpi causa.
- Convincing a prospective plaintiff not to issue Federal Court proceedings for copyright infringement against a building company, on the basis any infringement had been innocent.
- Defending a complex multi-defendant personal injury expedited proceeding issued in the Supreme Court involving significant causation and liability issues. The matter ran to judgment and the plaintiff failed against all parties.
- Convincing a plaintiff to abandon his claim for common law damages after obtaining evidence that he continued to work despite claiming a total incapacity.
Kelly is a Senior Associate in the Melbourne office with a diverse insurance litigation practice, acting for Australian and international insurers. She has wide-ranging experience advising on policy response and representing insured defendants in public liability and Wrongs Act claims, WIRC Act recovery and third party liability claims. She also defends claims for major property loss and damage, and has developed a substantial practice defending builders and engineers in professional indemnity claims arising in building and construction disputes.
In addition to a liability practice, Kelly also acts for medical negligence insurers where claims arise in a worker’s compensation environment, and has a growing motor vehicle and marine insurance practice.
She was admitted in the Supreme Court of Victoria in 2016 before joining a Victorian Workcover Authority panel firm. There, her practice included statutory benefits, serious injury and damages matters representing employers and various insurers.
Kelly is a member of AILA and the Law Society of Victoria.