Kym Fraser

Clayton Utz
Partner Melbourne, Sydney

Your timeliness with responses, …your ready availability, your willingness to share your knowledge and experience along the way … - all of that has been absolutely invaluable and has made all the difference to us.

– Director, Australian University

Overview

Kym is renowned for his specialisation in dispute resolution. Kym is experienced across a broad spectrum of disputes, from partnership disputes to trade practices litigation, contractual disputes, and public law challenges. Kym also offers invaluable insight and strategic guidance on investigations and inquiries.

Notable Work
  • The Salvation Army (Southern Territory): represented at the Royal Commission into the Institutional Response to Child Sexual Abuse.
  • Commonwealth Bank of Australia: supported in relation to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry
  • Australian University: advised a "Group of Eight" Australian University on jurisdictional issues concerning a misconduct panel convened under University Regulations.
  • University of Wollongong: acted in a NSW Supreme Court judicial review proceeding.
  • Level Crossings Removal Authority: provided administrative law and statutory interpretation advice.
  • West Gate Tunnel Project: advised on the litigation risks and potential challenges under various statutory frameworks supporting the project.
  • Linking Melbourne Authority: advised in connection with litigation risks and management in respect of the East-West Link Project including acting in litigation in the Supreme Court of Victoria and High Court of Australia.
  • International arbitration: acted in a major international arbitration between a major US Agribusiness Company and its Australian distributor in relation to a contractual dispute.
  • North East Link Authority: acted in judicial review proceedings commenced in the Supreme Court of Victoria challenging planning aspects of the North East Link Project.
  • Energy Australia: acted in judicial review proceedings in the Supreme Court of Victoria commenced by Environment Victoria against decisions made by the Environment Protection Authority in relation to greenhouse gas emissions in the La Trobe Valley.
Insights
Higher education reform post-Accord – key legal and regulatory changes
13 Jun 2024 | Article
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High Court decision puts the spotlight on procedural fairness obligations arising from adverse findings
2 May 2024 | Article
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Journalists, decision-makers and the risk of apprehended bias: lessons from Drumgold v Board of Inquiry – Criminal Justice System
20 Mar 2024 | Article
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"You can't say that!" Testing the boundaries of non-disparagement clauses
31 Aug 2023 | Article
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Defamation: the serious costs of failing to establish "serious harm"
25 Aug 2023 | Article
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Transgender athletes or athletes with a DSD: science and the need for fair and sensible regulations
26 Apr 2023 | Article
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The perils of failing to document an oral agreement at mediation – a cautionary tale
28 Sep 2022 | Article
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A Bill for the protection of intersex rights in a medical setting
21 Jul 2022 | Article
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"What's the harm in that?" Australian courts consider the newly introduced "serious harm" test in defamation law
9 Jun 2022 | Article
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New Anti-Trolling Bill intends to assist "victims" identify who defamed them on social media
9 Dec 2021 | Article
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Media Release: Clayton Utz celebrates completion milestone on landmark North East Link PPP in Victoria
8 Nov 2021 | Media Release
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You're the publisher of public posts on your social media pages, says High Court – but don’t panic just yet
8 Sep 2021 | Article
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Public interest litigants: the price you (might) pay
22 Jul 2021 | Article
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High Court sets materiality at centre of establishing jurisdictional error in administrative decisions
10 Jun 2021 | Article
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TEQSA regulatory implications for overseas higher education providers
15 Oct 2020 | Article
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Victory for transgender children in recent Family Court decision
7 Dec 2017 | Article
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