Katherine was admitted to practice in 2006 and called to the Bar in 2019.  She accepts briefs in all areas of public and commercial law.

Katherine’s principle area of expertise is in public/administrative law.  She regularly appears both led and unled in all Federal and State courts and tribunals.  Recent cases in which Katherine has appeared as counsel include:

  • ZMBZ v Minister for Home Affairs [2019] FCAFC 195 (led);
  • AOQ16 v Minister for Immigration and Border Protection [2020] FCA 103 (unled);
  • ENP19 v Minister for Immigration & Anor [2020] FCCA 1216 (unled);
  • Tran v Minister for Immigration & Anor [2019] FCCA 2859 (unled); and
  • HME Services Pty Ltd v Ortado [2019] NSWSC 1325 (led).
     

Prior to being called to the Bar, Katherine retained the carriage of a variety of significant and complex matters for the (now) Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, including:

  • Appeals by the Minister raising issues concerning the construction of the procedural code governing the Immigration Assessment Authority, and the application of legal unreasonableness to the Authority's discretionary powers: Minister for Immigration & Border Protection v CRY16 (2017) 253 FCR 475; Minister for Immigration & Border Protection v DZU16 (2018) 253 FCR 526.
  • Proceedings challenging the legality of a Practice Direction of the Immigration Assessment Authority, in which Katherine appeared as solicitor advocate: DGZ16 v Minister for Immigration & Anor [2017] FCCA 623; appeal dismissed DGZ16 v Minister for Immigration and Border Protection [2018] FCAFC 12; (2018) 258 FCR 551.
  • Numerous matters in the courts and Administrative Appeals Tribunal lodged by a litigant raising issues in relation to Australian citizenship and the cancellation of approval of citizenship, character, the Freedom of Information Act 1982 (Cth), Archives Act 1983 (Cth) and Privacy Act 1988 (Cth), the conduct of Commonwealth public servants, vexatious proceedings, and inquiries by the Commonwealth Ombudsman.
  • A matter concerning the construction of Article 33(2) of the Refugees Convention: SZOQQ v Minister for Immigration and Citizenship (2013) 296 ALR 409.
  • Instructing the Solicitor General of Australia in proceedings before the High Court of Australia, including a successful appeal by the Minister in a matter involving whole of Commonwealth implications: Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164.
  • Instructing Senior Counsel (Stephen Gageler SC, now a Justice of the High Court of Australia) on behalf of the Minister: SZFDV v Minister for Immigration and Multicultural and Indigenous Affairs (2007) 233 CLR 51.

Katherine has represented various State and Federal government agencies and Ministers in judicial and merits review proceedings, including, for example Chief of Navy v Angre [2016] FCAFC 171.  She has provided advice and representation to the Commonwealth of Australia in claims for damages arising out of alleged unlawful detention.

Katherine is enthusiastic about giving practical and timely advice that addresses the needs of her clients and about maximising efficiency through the innovative use of information technology.  She is also a passionate advocate for wellness and diversity at the Bar.

In 2016, 2017, 2018, 2019 and 2020 Katherine was named as one of the AFR's best lawyers in Australia in the categories of Government Practice and Immigration Law.

Contact

KATHERINE HOOPER
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