Biographical

Kelly McIntyre

Qualifications

LLM (International Trade — Maritime), UQ

LLB, Griffith University

BCom (Politics & Public Policy), Griffith

Articles of Clerkship (2004–2006)

Called to the Bar: 17 September 2010

High Court: 3 April 2006

QLD Supreme Court: 30 January 2006

NMAS Mediator: Since 2011

MCIArb Arbitrator: Since 2019

Kelly McIntyre was called to the Bar in 2010, having practised as a solicitor at a large mid-tier firm, two national law firms and as in-house counsel for a railway turnkey provider. She has extensive experience in Mediation, Personal Injuries Law and Energy & Resources Law.

As a mediator, Kelly is known to be an astute resolution specialist, skilled in successfully engaging parties to resolve or narrow issues in dispute. She mediates a variety of commercial, insurance and resources matters, with a particular day-to-day focus on personal injuries law in Queensland.

Kelly's background in Personal Injuries Law covers the field of public liability, motor accident, workers compensation and other common law claims. With most claims resolved prior to pleadings being filed, Kelly has the necessary skill and expertise to accurately assess personal injury compensation, liability, and risk at the earliest stage, with a view to achieving the best outcome for the client. She accepts both Plaintiff and Defendant briefs and has a set-fee arrangement for each to provide the highest level of certainty for clients.

Her background in Energy & Resources Law in Queensland and Victoria covers water, environment, metalliferous and non-metalliferous mining, offshore and onshore petroleum (Oil & CSG). She also has experience in deep sea submarine cables, pipelines, and installation shipping contractor disputes.

Kelly has appeared as Counsel in the Supreme Court, Land Court, District Court and Federal Court of Australia, along with a number of International arbitral tribunals including the Court of Arbitration for Sport. She has been a NMAS accredited mediator since 2011 and is a Member of the Chartered Institute of Arbitrators.

Kelly frequently travels for Arbitrations, Hearings and Mediations whether as Arbitrator, Mediator or Counsel.

In 2016, Kelly was appointed to the Land Court ADR Panel as a Panel Mediator and she frequently travels to Regional Queensland to act as a Mediator appointed by the Land Court or in accordance with an ADR Election Notice issued pursuant to the Mineral and Energy Resources (Common Provisions) Act 2011. In 2023, Kelly was appointed to the Mediators Panel under the Petroleum Regulations 2020 of the Northern Territory.

Kelly has a particular interest in maritime law and the law of the sea. She holds a Masters of International Trade Law from the University of Queensland which focused on maritime and shipping law. In recent times she has been engaged to act as Counsel in Sports Arbitrations at the Court of Arbitration for Sport in Lausanne, Switzerland.

Kelly was recently profiled in the McCullough Robertson lead "Year 101: Women in Law" campaign which is profiling 101 women in the law Nationally who have had an influence on the legal profession, and in particular who have had an impact on another female's career.

Areas of Interest

  • Administrative Law
  • Alternative Dispute Resolution
  • Commercial Law
  • Insurance
  • International Arbitration
  • Mediation
  • Mining, Energy, Resources & Environment
  • Personal Injury
  • Professional Negligence
  • Sports Law
  • Transportation Law (Aviation/Maritime)

Current Appointments

  • Bar Association of Queensland — International Law Committee (2019–current); ADR Committee (current)
  • Hemmant's List Board (2019–current)
  • Land Court — ADR Panel Mediator (2016–current)
  • Northern Territory — Petroleum Regulations Panel Mediator (2023–current)
  • QCAT — Panel Mediator
  • QIRDA — Farm Debt Panel Mediator
  • Federal Court — LawRight Pro Bono Counsel and Mediator
  • Resolution Institute Mediator

Associations

  • Australian Insurance Law Association
  • Australian Mining and Petroleum Law Association
  • Bar Association of Queensland
  • Commercial Law Association
  • LawRight (formerly QPILCH)
  • Maritime Law Association of Australia and New Zealand
  • Women Lawyers Association of Queensland
  • Zonta International — Brisbane Chapter

Former Appointments

  • Commercial Law Association Qld Chapter — Inaugural Committee Member (2020–2022)
  • LexisNexis Australian Alternative Dispute Resolution Bulletin — General Editor (2017–2022)
  • Queensland Government Development Tribunal — General Referee (2015–2021)
  • Australian Mining and Petroleum Law Association — Committee member (2010–2020)
  • Queensland Environmental Law Association — Seminars Sub-committee (2018)
  • Women Lawyers Association of Queensland — President (2014–2015), Committee member (2009–2012, 2016), Social Secretary (2007–2008)
  • Maritime Law Association of Australia and New Zealand — Chair (2014–2015)
  • Bar Association of Queensland — Council member (2013–2014)
  • Law Council of Australia — Australian Young Lawyers Committee (2013–2014)
  • BAQ Flood Advice Scheme — Mediation coordinator (2011/2012)

Education

  • Masters of Laws (International Trade — Maritime), University of Queensland, 2007
  • Articles of Clerkship — Carter Newell Lawyers (2004–2006)
  • Bachelor of Law, Griffith University, 2004
  • Bachelor of Commerce — Politics and Public Policy, Griffith University, 2004
  • Somerville House (1986–1997)

Cases of Note

  • Arbitration seated in the Court of Arbitration for Sport, Lausanne, Switzerland. Retained as Counsel 2020/2021.
  • Arbitration seated in Melbourne conducted under ICC Rules. Choice of law, Western Australia. Claim: USD $10.26M. Retained as Counsel March 2017. Final Award, 28 February 2018.
  • Acacia Coal Ltd v Springsure Creek Coal B573/15 (resolved prior to trial 2017)
  • Citigold Corporation Limited v Chief Executive, DEHP (No. 3) [2016] QLC 21
  • Citigold Corporation Limited v Chief Executive, DEHP (No. 2) [2015] QLC 50
  • Citigold Corporation Ltd v Chief Executive, DEHP [2015] QLC 10
  • Casey v DePuy International Ltd and Johnson & Johnson Medical Pty Ltd (DePuy LCS Duofix Class Action) — Counsel assessing QLD claimant quantum claims (2013–2014)
  • Clapham & Ors v DERM, Arrow Energy Pty Ltd and Arrow (CSG) Australia Pty Ltd [EPA 030-11] (resolved prior to trial 2013)
  • Xstrata Coal Queensland Pty Ltd & Ors v Friends of the Earth — Brisbane Co-Op Ltd & Ors, and DERM [2012] QLC 013

Selected Papers & Presentations

  • "Commercial Arbitration" — ACICA seminar, August 2022
  • "Mediation and Negotiation Skills" — Crown Law presentation, July 2022
  • "Effective Drafting Strategies to Avoid Inadequate Pleadings" — Legalwise seminar, May 2022
  • "Enforcement of Arbitral Awards in Australia" — International Arbitration in Oceania Seminar, September 2021
  • "Commercial Negotiation Toolkit" — Legalwise seminar, March 2021
  • "The Compulsory Conference & Negotiation Skills" — Legalwise Personal Injury Conference, March 2020
  • "Ethical Issues for the Personal Injury Practitioner" — Legalwise Personal Injury Conference, March 2019
  • "Assessment of Damages for Personal Injuries (Queensland)" — presentation to various law firms, 2019
  • "Pre-contractual Agreements and Conditions Precedent" — AMPLA National Conference, October 2017 (with G. Beacham QC)
  • "Farm debt mediation — how does it work and is it effective?" — Australian ADR Law Bulletin (2016) Vol 3, No 1
  • "Compensation under the Petroleum and Gas Act post Sullivan" — AMPLA State Conference, June 2013 (with Mr Ambrose QC)