Kaushalya Mataraaratchi

Special Counsel
Sydney

Biography

Kaushalya is a special counsel in our Disputes and Investigations and Employment groups.

As a talented employment lawyer, Kaushalya has a reputation for successfully handling high-value, high-stakes, complex disputes on behalf of employers. Her practice specialises in enforcing and advising on post-employment obligations, pursuing employees involved in fraud, securing the return of stolen confidential information and defending multifaceted employee breach of contract claims.

Kaushalya is an experienced commercial litigator known for safeguarding and fiercely pursuing her client’s interests to deliver results that protect their reputation and commercial interests. She navigates disputes across all superior courts and commissions, dealing with employment matters predominantly in the Federal Court of Australia, Federal Circuit Court and NSW and Victorian Supreme Courts.    

In addition to her impressive track record in litigation, Kaushalya is well-versed in the latest whistleblower laws and offers invaluable training, compliance and investigation advice to clients. She has also overseen numerous whistleblower investigations and provided expert guidance on litigated claims arising from breaches of these laws.

Experience

Kaushalya’s experience includes advising:

  • An aviation organisation in NSW Supreme Court proceedings against its former employee pursuing relief relating to allegations of a large scale confidential information theft.

  • A global infrastructure provider in Federal Court proceedings against 3 former employees, their new employer, its parent company and two directors for breach of fiduciary duty and theft of confidential information.

  • A multinational materials processing organisation in pursuing proceedings against a former Chief Executive Officer for significant breaches of fiduciary duties and misappropriate of monies.

  • A software development company in Supreme Court proceedings against a customer alleging breach of a non-solicitation clause in relation to a licensing agreement and interference with the contractual relations.

  • One of the big four banks as an investigator in relation to a significant whistleblower investigation into alleged misconduct (including breach of the Corporations Act) involving seven respondents.

  • A confidential client as an investigator in relation to a whistleblower investigation into disclosures made by anonymous whistleblowers making complaints of misconduct in parallel to a regulatory inquiry.

  • A listed technology and manufacturing company in relation to responding to requests for information from ASIC in its regulatory investigation into a whistleblower investigation made to it.

  • A multinational materials processing company in relation to a disclosure made alleging bribery, corruption and misconduct by senior executives.

  • On confidential information theft, including for a contract research organisation in the investigation and remediation of a considerable confidential information data theft involving its former employees and competitor.

  • On drafting and revising whistleblower policies (assessing compliance with Regulatory Guide 270), advising on whistleblower risk assessment, communications, investigation and training for companies including ASX entities.

Testimonials

Client first thinking

Kaushalya Mataraaratchi is very responsive, goes above and beyond, quickly learns the industry we operate in and provides great insights.

The Legal 500 Asia Pacific
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