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.
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)
