Katharine Brown

Katharine has a broad trial and appellate practice. She practices primarily in public, commercial and appellate criminal law.

Before joining the Bar, Katharine was an associate to the Hon Justice Gageler AC, now Chief Justice of the High Court of Australia. She has also worked at the Victorian Government Solicitor’s Office and the Office of Public Prosecutions.

Katharine holds a Master of Laws from Duke University, and has lectured in the postgraduate programs at Melbourne and Monash Universities.

A representative sample of recent cases in which Katharine has been briefed include:

• Farshchi v The King (High Court of Australia, ongoing): criminal law, constitutional law — beyond reasonable doubt directions and s 80 of the Constitution — led by Daniel Gurvich KC and Michael Stanton SC, with Paul Smallwood, for the appellant.
• Harkness v Banks & DPP & Anor (Court of Appeal, ongoing); [2024] VSC 709: constitutional law, judicial review — susceptibility of prosecutorial decisions to judicial review — led by Rowena Orr SC, Solicitor-General for Victoria (written submissions before the Supreme Court) and Alistair Pound SC, Solicitor-General for Victoria with Jennifer Vogan (oral hearing in the Supreme Court, and on appeal), for the DPP.
• Dann & Anor v CEO Housing (Federal Court of Australia, ongoing): class action, contract, consumer law, discrimination — conditions of remote housing in the Northern Territory — led by Sera Mirzabegian SC with Matthew Albert, Alexander Edwards and Jack Gracie, for the plaintiffs.
• Smith v City of Boroondara (Supreme Court, ongoing): constitutional law, injunction — whether a local law regulating political signage contravened the implied freedom of political communication — led by Emrys Nekvapil SC, with Jamie Blaker, for the defendant.
• Australian Society of Otolaryngology Head and Neck Surgery Limited v Ahpra [2024] FCA 995:  constitutional law, statutory interpretation, declaratory relief — availability of declaratory relief in respect of criminal offence provisions; constitutional requirement for a matter — led by Saul Holt KC, for the respondent.
• Save the Children Australia v Minister for Home Affairs [2024] HCATrans 65 (oral special leave hearing); (2024) 304 FCR 262 (appeal); [2023] FCA 1343 (trial): habeas corpus — detention of citizens abroad — led by Peter Morrissey SC and Emrys Nekvapil SC, with Jim Hartley, Rachael Taylor and Nicholas Petrie, for the applicant.
• Athwal v State of Queensland (2023) 379 FLR 92: constitutional law, discrimination — validity of a statutory provision prohibiting initiated Sikhs from carrying Kirpans in schools; s 10 of the Racial Discrimination Act— led by Saul Holt KC (written submissions) and Ron Merkel KC (oral argument) with Matt Jackson, for the appellant.
• Baggaley v The King [2023] QCA 249: appellate crime — attempted importation of a commercial quantity of a border controlled drug; conviction appeal — led by Saul Holt KC, for the appellant.
• Waratah Coal v Youth Verdict & Ors (No 6) (2022) QLC 21: environmental law, human rights — coal mine approval applications; climate change impacts; human Rights impacts; 8 week trial with significant expert evidence —led by Saul Holt KC with Emrys Nekvapil SC and Kasey McAuliffe Lake, for the lead objectors.
• Asmar & Ors v Albanese [2022] HCASL 71;  [2022] VSCA 19: equitable relief, Electoral Act — justiciability of preselection decisions by a registered political party — led by Ron Merkel KC with Emrys Nekvapil and Colette Mintz on appeal and by Noel Hutley SC, Emrys Nekvapil and Colette Mintz on special leave.

Katharine has also been briefed unled in judicial review proceedings, discrimination and disciplinary proceedings in tribunals, and criminal proceedings in the Supreme Court raising questions of statutory interpretation.

Katharine is also regularly briefed to advise. Recent advices have involved: the implied freedom of political communication, parliamentary privilege, human rights, discrimination, environmental approvals, director’s duties, legislative reforms, appeal prospects advice and questions of statutory interpretation.

Katharine read with Emrys Nekvapil SC and her senior mentor is Peter Morrissey SC.