Kendall Mutton

Senior Associate

Canberra, Australia

Kendall is a trusted adviser practicing in a wide range of public law and commercial disputes. She acts and appears for government, global and ASX listed corporations on often precedentially significant matters.

Kendall is sought after to advise on statutory interpretation, merits review, judicial review and investigations across jurisdictions. Kendall is a specialist advisor on administrative law decision making and challenges, and assists witnesses and agencies appearing before commissions (including integrity commissions and Royal Commissions). She has advised on the operation of freedom of information legislation in every Australian State and Territory. 

Kendall regularly provides training about defensible decision making, challenging administrative decisions and on access to information and privacy issues across jurisdictions. She co-founded the Public Law Committee of the ACT Law Society and regularly contributes to public law initiatives in the community.

Kendall’s work highlights include:

  • Anti-Dumping Review Panel: Lead solicitor advising the Review Panel on a technically complex judicial review proceeding before the Federal Court of Australia. Additionally, advising on statutory interpretation, review risk and limited merits review proceedings under the Customs Act 1901 (Cth).
  • Confidential client – Corruption investigation: Conducting an urgent internal investigation and advised on whether conduct was “corrupt conduct” under the National Anti-Corruption Commission Act 2022 (Cth). This included factually investigating the allegations, interviewing witnesses, reviewing documents, reviewing internal policies and procedures and preparing detailed advice and recommendations.
  • Global platform: Assisting a global platform to respond to notices issued by the Office of the Australian Information Commissioner for alleged contraventions of the Privacy Act 1988 (Cth).
  • Royal Commission into Defence and Veteran Suicide: Core member of the Solicitors Assisting team. Kendall advised at three hearing blocks (20+ hearing days). She supported several witnesses to give evidence in public hearings, private hearings and at roundtables.
  • Telstra Corporation Limited: Assisting Telstra to defend release of highly valuable commercial contracts requested under the Freedom of Information Act 1982 (Cth). This included appearing for Telstra before the Administrative Review Tribunal.
  • National Offshore Petroleum Titles Administrator: Developing and delivering a bespoke training package on administrative law decision making under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth). 
  • Administrative Law Training: Kendall co-presents an annual CLE to decision makers and those interacting with government on ‘Robust Administrative Law Decision Making’. This includes breaking down the elements of a decision, common grounds for challenges and proactively managing review risk. 

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