Kristina Stern SC

Year of call:
1996
Email:
kristina.stern@39essex.com

Clerks:
+44 (0)20 7832 1111

“One of the sharpest and most easy to work with juniors around.”
Legal 500

Kristina Stern SC has a broad based practice including commercial / contract disputes, mining dispute and regulation, environmental law, arbitration, public / administrative law, taxation, telecommunications disputes and advisory work (including commercial and regulation), FOI, regulatory proceedings, human rights / discrimination, health care and pharmaceuticals and professional negligence. Extensive experience in a range of private and public law litigation and disciplinary prosecutions.

Regularly acts in freedom of information cases.

Represented a range of public bodies including the Attorney-General, the Minister for Planning and Infrastructure, the Minister for Infrastructure and Transport, the Commissioner of Taxation, the ATO, ASIC, ACMA, the Department of Defence, the Minister for Broadband, Communications and the Digital Economy, Innovation Australia, the Minister for Mining, the Minister for Immigration and Border Protection, and the Director-General of Security.

Appeared in a number of arbitrations, including ICC and domestic arbitrations.

Appears regularly in disciplinary and regulatory proceedings including in relation to financial services, director’s responsibilities and professions.

Involved in public inquiries – including acting as junior counsel to Jonathan Sumption QC (as he then was) for the UK Government in the Hutton Inquiry. Regularly instructed as counsel assisting in coronial inquests and fire inquiries.

Appeared in the High Court of Australia on six occasions and in the House of Lords on six occasions.

Written and lectured extensively on all areas of public law and professional negligence. Published in the Modern Law Review, LQR, Australian Bar Review and AIAL Forum. Contributing author to Key Issues in Judicial Review (2013, Federation Press). Until 2006 contributing editor to Bullen & Leake’s Precedents and Pleadings.

Recommendations


Kristina is recommended as a leading junior for Administrative and Public Law, and Clinical Negligence in the Legal 500

Related Cases


List of Reported Cases:

High Court

Momcilovic v The Queen and Ors

Minister for Immigration and Citizenship v SZIZO [2009] 238 CLR 627

Gedeon v Commissioner of the NSW Crime Commission [2008] 236 CLR 120

Minister for Immigraiton and Citizenship v SZIZO [2009] FCA 37

Court of Appeal

Mount Bruce Mining Pty Ltd v Wright Prospecting [2014] NSWCA 323

Howe v Fischer [2014] NSWCA 286

Hall v NSW [2014] NSWCA 154

Knezevic v Perpetual Trustees Victoria Ltd [2013] NSWCA 199

Perry Properties Pty Ltd v Chief Commissioner of State Revenue [2013] NSWCA 274

Coffs Harbour City Council v Minister for Planning and Infrastructure (2013) LGERA 203; [2013] NSWCA 44

McGuirk v NSW Ombudsman [2008] NSWCA 357

Full Federal Court

QNA v The Takeovers Panel [2015] FCAFC 68

Fraser v Minister for Immigration and Border Protection [2015] FCAFC 48

CSL v Minister for Infrastructure and Transport [2014] FCAFC 35

Parker v Minister for Sustainability, Environment, Water, Population and Communities (2012) 205 FCR 415; [2012] FCAFC 94

Kumar v Minister for Immigration and Citizenship [2009] 176 FCR 401

Minister for Immigration and Citizenship v SZKKC [2007] 158 FCR 292

Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts (2008) 166 FCR 64; [2008] FCAFC 7

SZISM v Minister for Immigration and Citizenship (No 2) [2007] FCAFC 106

Federal Court

King v Minister for Immigration and Border Protection [2014] FCA 766

ATS Pacific Pty Ltd v Federal Commissioner of Taxation (2014) 219 FCR 302; [2014] FCAFC 33

CSL v Minister for Infrastructure and Transport [2014] FCA 1160

CSL v Minister for Infrastructure and Transport [2013] FCA 152; (2013) 133 ALD 507

Green v Bradbury (No 2) [2011] FCA 469

Griffiths v Rose [2011] 192 FCR 130

Parker v Minister for Sustainability, Environment, Water, Population and Communities [2012] FCA 263; [2011] FCA 1325

Peebles v Honourable Tony Burke (No 2) [2010] FCA 861

Alyssa Treasury Services Limited v Commissioner of Taxation [2010] FCA 967; (2010) 80 ATR 84, 118 ALD 494

Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 5) [2010] FCA 1204

Charlie v Minister for Immigration and Citizenship (2008) 171 FCR 44

Telstra Corporation Ltd v Minister for Broadband, Communications and the Digital Economy (2008) 166 FCR 64

v Federal Commissioner of Taxation (2008) 69 ATR 567

Different Solutions Pty Ltd v Commissioner, Australian Federal Police (No 2) (2008) 190 A Crim R 265

Croker v Federal Commissioner of Taxation [2009] FCA 275

Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts [2007] FCA 1567

BAE Systems Australia (NSW) Pty Ltd v Commissioner of Taxation [2008] FCA 48

Charlie v Minister for Immigration and Citizenship [2008] FCA 1025

Supreme Court NSW and Supreme Court Vic

Craig v Silverbrook [2013] NSWSC 1687

Wright Prospecting Pty Ltd v Hamersley Iron Pty Ltd (No 3) [2013] NSWSC 1069

Wright Prospecting Pty Ltd v Hamersley Iron Pty Ltd (No 2) [2013] NSWSC 709

Wright Prospecting Pty Ltd v Hamersley Iron Pty Ltd  [2013] NSWSC 536

Perpetual Trustees v Knezevic [2012] NSWSC 956

Re Atlantis Holdings Pty Ltd [2012] NSWSC 112

Ex Parte Attorney General [2012] NSWSC 341

Donnelly v Health Care Complaints Commission [2011] NSWSC

Ballard v Multiplex Limited [2010] NSWSC 1038

Hill End Gold Ltd v First Tiffany Resource Corporation (No 2) [2010] NSWSC 555, [2010] NSWSC 375 and [2008] NSWSC 1044

Microwave Safety Systems Pty Ltd v Commissioner for Fair Trading [2008] NSWSC 37

Secretary to the Department of Justice v Fletcher (No 1) [2009] VSC 501; [2009] VSC 502; [2009] VSC 503

Sabet v Medical Practitioners Board (2008) VR 414

Wharfside v McCormick [2010] NSWSC 398; (2010) 8 ABC(NS) 510, [2011] ALMD 2807

R v Baladjam [2008] NSWSC 714

Tribunals and District Court

Coshott v ASIC [2014] AATA 677

Frangie v Takchi [2014] NSWDC 58

DBTL v Innovation Australia (2013) 137 ALD 88; [2013] AATA 573

Axiome Pty Ltd v Food Standards Australia New Zealand (2012) 129 ALD 681; [2012] AATA 551

McKinnon v Nepean Blue Mountains Local Health Network [2012] NSWADT 86

Wang v Zheng [2010] NSWDC 135

Caines v ASIC [2012] AATA 289

R v BUSB

Montgomery Wools Pty Ltd v Commissioner of Taxation (2012) 87 ATR 282; 128 ALD 406; [2012] AATA 61

Dezfouli v Corrective Services [2011] ASWADT 11

Petroulias v Commissioner of Taxation (2010) 81 ATR 853; [2010] AATA 1060

Health Care Complaints Commission v Baez [2014] NSWCATOD 26

Health Care Complaints Commission v Balafas  [2010] NSWMT

Health Care Complaints Commission v Holmes [2010] NSWMT 19

Health Care Complaints Commission v Taylor [2010] NSWMT 10

Health Care Complaints Commission v Gatenby, Zhang and Horn [2011] NSWNMT 18

Health Care Complaints Commission v Greenwood [2011] NSWNMT 13

Health Care Complaints Commission v Dene & Donnelly (No 2) [2010] NSWPST 4

Health Care Complaints Commission v Clarke-Saunders [2010] NSWPST 8

Health Care Complaints Commission v Pembroke [2010] NSWMT

Artibrations

Globecast Holding SA v Cosgrove and ors (ICC Arbitration before David Williams QC, led by T Bathurst SC. Hearing as to relief and costs without leader against N Hutley SC with Richard Scruby, and I Davidson SC, instructed by Sophie Dawson of Blake Dawson)

Spirit Pharmaceuticals Pty Ltd v Apotex Pty Ltd (arbitration before Rowan Darke SC, led by D Studdy SC, against J Sackar SC and David Thomas, instructed by Reaymond McGuinness of Watson Mangioni)

Cases in the United Kingdom (not exhaustive)

Junior Counsel in the Hutton Inquiry (led by Jonathan Sumption QC)

 

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