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Gowri Kangeson

Gowri Kangeson

Partner
About

Gowri Kangeson is a 'go to' litigator - particularly for difficult and complex cases - especially those involving proceedings in numerous jurisdictions.  She is the 'ultimate crisis manager' for SMEs and large corporates alike.

Gowri is experienced in all forms of dispute resolution including arbitration, mediation, conciliation, expert appraisal and commercial negotiation as well as formal litigation before Australian and international courts. She is a qualified lawyer in Malaysia, England & Wales and Australia.

Gowri's experience encompasses commercial disputes, controversy across the technology, energy, education and real estate sectors and also regulatory investigations and disputes.

She has significant experience of regulatory investigations including the interrelationship between civil litigation and regulatory issues, and also in investigating and litigating fraud claims in a variety of contexts. Gowri also values the use of alternative dispute resolution mechanisms when suitable to her clients’ varying circumstances

Gowri's focus is on building long term relationships with clients. In doing this, she gains a deep understanding of her client's businesses and risk appetite - knowledge she applies in investigations, defence of claims, pursuit of remedies and also in pursuit of better (and faster) alternative dispute approaches.  In all cases, her client facing approach fosters efficiency and commercial results and assists in delivering outcomes for 'bet the farm' disputes and every day commercial disputes.

Professional QualificationsAdvocate and Solicitor of the High Court of MalaysiaSolicitor of the Supreme Court of VictoriaSolicitor of the High Court of AustraliaSolicitor of the Senior Courts of England and Wales

EXPERIENCE

  • Acted for Fortescue Metals Group in a high profile occupational health and safety prosecution in Perth involving contractual, agency, construction and criminal law issues. Fortescue was cleared of all 21 criminal charges.  Gowri was one of the principal instructing solicitors in the litigation and had a key project management and reporting to client responsibility.  She was also responsible for finalising the investigations into what occurred at the site, preparing the evidence of key witnesses and developing the litigation strategy
  • Acted in a series of urgent arbitrations before the Hon Murray Gleeson AC QC relating to the operation of the Basslink interconnector.  Our client was successful in the defence of an arbitration instigated by Hydro Tasmania (HT), and the successful prosecution of one of two arbitrations instigated by our client. Gowri also acted for our client in an urgent injunction application, to prevent the issue of a default notice and to refer certain disputes to arbitration, where an injunction was granted in favour of our client.  Gowri was the lead litigation lawyer in this matter and led a team of over 10 lawyers involved in all aspects of the arbitration
  • Acted for Virgin Airlines Australia in relation to a proceedings brought by John Holland Aviation Services in the Supreme Court of Victoria.  The proceedings contained 11 claims related to an Alliance Agreement that was entered by the parties in 2008.  The proceeding raised a number of novel and untested issues. The action also raised a number of complex issues including the obligations of an Alliance partner, alleged frustration of the Alliance arrangement, the extent of good faith obligations and the assessment of any payments to be made under the arrangement.  The matter settled on favourable terms after service of compelling lay and expert evidence
  • Acting for an ASX listed company in relation to proceedings in the Supreme Court of Western Australia in relation to the interpretation of the Share Sale Agreement, interpretation of accounting standards and earn out provisions
  • Part of the core employment and litigation team acting for McDermott Australia in urgent Federal Court injunction proceedings and litigation to protect Esso’s Kipper Tuna Turrum Project from interruption due to labour disputes.  The matter settled on favourable terms
  • Acted for a national health organisation in relation to proceedings brought by the ACCC involving allegations that certain contractual provisions had/have the purpose of substantially lessening competition, in contravention of sections 47 or 45 of the Competition and Consumer Act.  The matter settled on favourable terms
Education
  • University of Melbourne, Master of Commercial Law, 2004
  • Gary's Inn, London, Utter Barrister, 1997
  • University of Glamorgan, Wales, Bachelor of Laws (Hons), 1996

Publications

  • Appeal dismissed: Difficult to avoid public IBAC probe, 21 Mar 2016
  • Definition of corrupt conduct: The High Court has limited the scope of the New South Wales Independent Commission Against Corruption's powers, 7 May 2015
  • Foreign bribery and corruption update - Australian law, 27 Feb 2015

Memberships And Affiliations

  • Australian and Malaysian Business Council
  • Law Institute of Victoria
  • Australian Corporate Lawyers Association

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