Kay Chan

Kay practises in all areas of commercial and public law.  She has particular experience in contract disputes, regulatory litigation and administrative law.  She has an interest in insolvency and is a member of the Australian Restructuring Insolvency & Turnaround Association.

Kay holds a Bachelor of Laws (Hons) and Bachelor of Arts from Monash University.

Kay read with Albert Dinelli SC.  Her Senior Mentor is Jason Pizer KC.

Some of Kay's recent matters at the Bar include:

Commercial and tax litigation

• Zhang v Zhao (No 3)[2025] VSC 810 (interlocutory ruling on admissibility — led by N Papaleo, for the defendants)
• Zhang v Zhao (No 2)[2025] VSC 340 (application to vary freezing order — led by N Papaleo, for the defendants)
• Mirvac Victoria Pty Ltd v Building Appeals Board & Ors[2024] VSC 782 (dispute concerning protection work notice issued under Building Act 1993 (Vic) — unled, for the Board)
• CVMW and Commissioner of Taxation[2023] AATA 4039 (Hearing); Liang v Commissioner of Taxation[2024] FCA 535 (Appeal — how taxpayer discharges onus of proof under the Taxation Administration Act 1953 (Cth) — led by A Lee, for the Commissioner) 
• Vicinity Funds RE Ltd v Commissioner of State Revenue[2024] VSC 658 (appeal from determination of duty on transfer of land — led by D McInerney QC and L Hilly, for the appellants)
• Vicinity Funds v Commissioner of State Revenue (No 2)[2021] VSC 687 (Hearing) [2022] VSCA 176 (Appeal) — application to hear separate question concerning nature of the appeal — led by D McInerney QC, for the plaintiffs

Injunctions and stays of administrative action

• KPA25 v Minister for Immigration and Citizenship[2025] FCA 1188 and [2025] FedCFamC2G 1544 (applications for interlocutory injunctions to restrain the removal of the applicant from Australia — unled, for the Minister)
• Alvindo v Minister for Immigration & Multicultural Affairs[2024] FedCFamC2G 1088 (interlocutory injunction to restrain removal — unled, for the Minister)
• Green Sand Recycling Pty Ltd v Environment Protection Authority [2025] VCAT 683 (application for stay of environmental action notice — unled, for the Authority)

Regulatory litigation

• ESI Projects Pty Ltd v Environment Protection Authority[2025] VCAT 837 (dispute concerning compliance with general environmental duty and contaminated land — unled, for the Authority) 
• L. Bisinella Developments Pty Ltd v Environment Protection Authority[2025] VCAT 159 (dispute concerning concept design for waste-to-energy facility — unled, for the Authority)
• Thomas v Victorian Building Authority[2020] VSC 150 (dispute concerning combustible cladding and applicability of disciplinary regime to conduct occurring before regime commenced — led by David Klempfner, for the plaintiff)

Quasi-criminal matters 

• The King v White[2026] VSC 10 (contempt proceeding — unled, for the applicant)
• Madafferi v The Queen [2021] VSCA 1(Hearing) (2021) 63 VR 143 (Costs Ruling); Zirilli v The Queen [2021] VSCA 2(briefed on behalf of the Chief Commissioner of Police in relation to criminal appeals about Nicola Gobbo and Joseph Acquaro raising significant issues concerning public interest immunity and criminal appeal procedure — led by S Maharaj QC and M Pekevska)
• Madafferi v The Queen[2022] VSCA 189 (suppression order application by respondent to s 317 Criminal Procedure Act 2009 (Vic) application — led by S Maharaj QC)
• Numerous appearances on behalf of the Chief Commissioner of Police as respondent to applications under s 317 of the Criminal Procedure Act 2009 (Vic), including: Fezollari v The King[2022] VSCA 281 (led by A Dinelli SC); Zirilli v The Queen[2021] VSCA 174 and [2021] VSCA 305 (led by S Maharaj QC and M Pekevska); Zirilli v The King [2022] VSCA 192 (led by S Maharaj QC and J Bayly)

Judicial review

• Nkani v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1410 (Hearing) [2024] FCAFC 70 (Appeal) — led by A Solomon-Bridge, for the Minister
• Minister for Immigration, Citizenship and Multicultural Affairs v NDBR[2024] FCAFC 114 (appeal from NDBR v Minister for Immigration, Citizenship and Multicultural Affairs[2024] FCA 168 — led by N Wood SC, for the Minister)
• Tasmanian Conservation Trust Incorporated v Forest Practices Authority[2022] TASSC 29 (review of certification of forest practices plan — led by L De Ferrari SC)
• Numerous proceedings in the Federal Court and Federal Circuit and Family Court of 
  Australia brought under the Migration Act 1958 (Cth), unled 

Trusts and equity

• Re EM McPherson Settlement [2024] VSC 744 (application to vary terms of trust — unled, appearing as amicus curiae appointed by the Court)

Commissions and inquiries

• Consultant Counsel to the Board of Inquiry into the COVID-19 Hotel Quarantine Inquiry
• Counsel for State witnesses in the Parliamentary Inquiry into the 2022 Flood Event In Victoria
• Counsel for State witnesses in the Yoorrook Justice Commission