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, insolvency, insurance, defamation, resources and energy, partnership disputes, trade practices, contract and negligence claims. Her clients have included accounting firms, large listed resources and manufacturing companies, construction and engineering firms, wine producers and brokers, statutory corporations and biotechnology companies.
Principal Areas of Practice
- Commercial Dispute Resolution
- Energy and Resources
- Construction & Engineering
- Media and Defamation Law
Qualifications
- Bachelor of Health Science
- Bachelor of Laws (Hons)
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.
Kerry’s practice is tailored towards achieving timely, cost effective dispute resolution and commercial legal advice.
In her spare time, Kerry also volunteers in wildlife rescue and rehabilitation for Fauna Rescue of South Australia. She is deputy chairman of the Board of the Animal Welfare League of South Australia.