Catherine Kelso

Biography

Catherine is a partner in our Disputes and Investigations group.

She has extensive expertise in navigating clients through complex and contentious matters including commercial litigation, arbitration, class actions, Royal Commissions and public inquiries, regulatory investigations and enforcement proceedings. She also advises companies and their boards and executives on a broad range of issues, including directors duties’, D&O insurance, risk, governance and accountability issues.

Catherine advises clients in a broad range of industries but has a particular focus on the financial services, investment funds, life insurance and superannuation industries. She has recently acted for a number of life insurers, trustees and superannuation participants in class actions, commercial disputes, regulatory investigations and enforcement actions. She has advised on and conducted insurance scheme transfers in the Federal Court.

Before joining Gilbert + Tobin, Catherine was a senior lawyer at the Australian Government Solicitor (AGS) for over a decade advising a broad range of federal Ministers and agencies in administrative law litigation, sensitive regulatory disputes, international arbitration and commercial litigation. She was a Solicitor Assisting the Financial Services Royal Commission and has acted for clients in various other Royal Commissions and high-profile public inquiries. While at AGS, Catherine worked on a range of matters for defence and other agencies involving national security information.

Experience

Catherine’s experience includes advising:

  • Gina Rinehart in defending the largest commercial arbitration in Australian history in claims concerning the assets of Australia’s largest private company.

  • A life insurance company in a commercial dispute concerning reinsurance arrangements for a large superannuation portfolio. The claims include breach of warranty and misleading and deceptive conduct.

  • A life insurance company in Supreme Court proceedings in relation to a high value contractual dispute with a superannuation trustee in relation to insurance premiums and tendering arrangements.

  • The Commonwealth of Australia as a Solicitor Assisting the Robodebt Royal Commission and as a Solicitor Assisting the Financial Services Royal Commission (instructing Counsel Assisting during hearings on financial advice, business lending, superannuation and policy issues).

  • Australian Banking Association in providing advice on statutory interpretation and legislative reform proposals as well as several Freedom of Information consultations and reviews.

  • Commonwealth Bank of Australia on numerous internal and regulatory investigations, enforcement proceedings and class actions relating to monthly account fees, consumer credit insurance products and other financial products sold to retail and small business customers.

  • La Mancha Resource Capital in appeal proceedings against the ATO concerning capital gains tax assessment in respect of Australian gold mining assets.

  • Administrators of AMP’s superannuation funds in class action proceedings in the Federal Court regarding administration fees and investment options.

  • Seconded to a major Australian Bank to assist with responses to an ASIC enforcement investigation and the conduct of internal investigations, including in relation to compliance with the Banking Executive Accountability Regime.

  • A large financial institution on complex customer disputes and coordinating large-scale external review process for legacy complaints.

  • The Commonwealth of Australia in defending a multibillion dollar damages claim by Philip Morris in an investor-state arbitration in the Permanent Court of Arbitration concerning Australia’s 'world first' plain packaging laws and related constitutional challenges and trade disputes brought by global tobacco companies.

Awards and Recognition

  • Australia Day Achievement Awards

    During her career in the public sector, Catherine’s contributions to significant legal matters for the Commonwealth of Australia have been recognised through multiple Australian Government Australia Day Awards (in 2009, 2013, 2016, 2017 and 2019)

  • Best Lawyers 2025

    Recognised in the areas of Class Action Litigation, International Arbitration, Litigation and Regulatory Practice