Kerry Colmer
Kerry Colmer was admitted to practice in 1998, with
qualifications in both law and Health Science. Since that time she has worked principally in dispute
resolution for corporate and government clients at several major
Adelaide firms. Kerry brings to Fenwick Elliott Grace
extensive experience in all areas of dispute resolution including
building, construction and engineering disputes, insurance, defamation,
resources and energy, partnership disputes, administrative law, trade
practices, contract and negligence claims. Her clients have
included accounting firms, large listed resources and manufacturing companies,
construction and engineering firms, wine producers, statutory
corporations and biotechnology companies.
Kerry’s practice is tailored towards achieving timely, cost
effective dispute resolution and commercial legal advice. In her spare time, Kerry also works in wildlife rescue
and rehabilitation. She is a member of the Board of the Animal Welfare League of South Australia.
Principal areas of practice
Dispute Resolution, Energy and Resources, Media and Defamation Law and Construction & Engineering
Qualifications
Bachelor of Health ScienceBachelor of Laws (Hons)
Examples of professional experience
Dispute Resolution
- Conduct of unfair preference recovery proceedings (both for plaintiffs and defendants) pursuant to the Corporations Act;
- Professional negligence actions, including proceedings against company auditors, accountants and lawyers;
- Representing a large South Australian Home Loan broking company in relation to unauthorised use of client lists;
- Defending Supreme Court proceedings claiming remedies for oppression of a minority shareholder pursuant to the Corporations Act;
- Representation of partners in relation to partnership disputes and dissolution of partnerships;
- Defending injunctive proceedings, brought against a large gas supplier, seeking to restrain a call on a bank guarantee;
- Supreme Court injunction seeking orders foreclosure in respect of a mortgage over real property;
- Representing a prominent South Australian insurance broker in a misuse of confidential information claim against a former employee;
- Trade Practices Act claims in respect of defective products;
- Representing a trustee in bankruptcy bringing an injunction to compel withdrawal of a caveat;
- Supreme Court appeal in relation to the interpretation of limitation of liability provisions in the Civil Aviation (Carriers Liability Act) (Cth);
- Representing a prominent South Australian real estate management company in defamation proceedings against a former employee and competitor;
- Federal Court Injunctive proceedings to restrain passing off a business name;
- Directors' liability proceedings;
- Federal Court injunction to restrain passing off of a domain address.
Energy and Resources Law
- Supreme Court proceedings in relation to the fitness for purpose of an offshore drilling rig;
- Advice in relation to the Petroleum Act 1940 and Petroleum Act 2000;
- Application for reconsideration of an administrative act pursuant to the Petroleum Act 2000 and appeal to the District Court from that reconsideration;
- Disputes in relation to gas supply agreements.
Construction and Engineering
- Representing builders, developers and owners in claims for breach of contract;
- Representing a building contractor for claims in relation to the Barcoo outlet flooding;
- Representing a large South Australian building company in Supreme Court proceedings with respect to defects in the Rundle Mall paving;
- Advice in relation to construction franchises.