Biographical
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
Alternative Dispute Resolution
Commercial law
Insurance
International Arbitration
Mediation
Mining, Energy, Resources and Environment
Personal Injury
Professional Negligence
Sports Law
Transportation Law (Aviation/Maritime)
Admission
First call to the Bar - 17 September 2010
High Court of Australia - 3 April 2006
Queensland Supreme Court - 30 January 2006
NMAS Mediator since 2011
MCIArb Arbitrator since 2019
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)
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)
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)
Papers and Presentations
"Commercial Arbitration" ACICA seminar 4 August 2022
"Mediation and Negotiation Skills" Crown Law presentation 20 July 2022
"Effective Drafting Strategies to Avoid Inadequate Pleadings" Legalwise seminar 4 May 2022
"Disclosure Obligations, Rights and Remedies" Law firm presentation 27 April 2022
"Enforcement of Arbitral Awards in Australia" International Arbitration in Oceania Seminar 14 September 2021
"Ethical considerations and issues for corporate lawyers" with Alexandra Feros, Partner, Corrs Chambers Westgarth - Commercial Law Association seminar 25 March 2021
"Commercial Negotiation Toolkit" Legalwise seminar 23 March 2021
"Providing Medical Records to Third Parties" Avant seminar 23 October 2020
"The Compulsory Conference & Negotiation Skills" Legalwise Personal Injury Conference 12 March 2020
"Changes in Financial Assurance and Environmental Regulation" Legalwise conference on Mining Law: The Latest in M&A and JVs 22 March 2019
"Ethical Issues for the Personal Injury Practitioner" LegawWise Personal Injury Conference 14 March 2019
"Litigation Essentials - Federal Court Costs" presentation to Thynne + Macartney Lawyers on 7 February 2019
"Assessment of Damages for Personal Injuries (Queensland)" presentation to various law firms 2019
"Costs of Litigation : How to Maximise your Return" presentation to Ashurst on 29 August 2018
"Ethics & Power : Trump, GOT and the Legal Profession” presentation delivered at various law firm conferences and at the QELA Conference February and March 2018
“Nervous Shock” presentation to Shine Lawyers Major Claims Quantum Conference January 2018
"Pre-contractual Agreements and Conditions Precedent: where does negotiation end, and a contract begin?" AMPLA National Conference 20 October 2017 presented with G. Beacham QC
Developments on financial assurance requirements in Queensland AMPLA State Conference May 2016
McIntyre, K "Farm debt mediation — how does it work and is it effective?" Australian Alternative Dispute Resolution Law Bulletin (2016) Vol 3. No 1.
Ambrose, P & McIntyre, K "Mediator's Ethical Obligations" Australian Alternative Dispute Resolution Law Bulletin (2014) Vol 1. No 2.
Ambrose, P & McIntyre, K “Statutory Requirements to Attend or use ADR: Queensland” Australian Alternative Dispute Resolution Law Bulletin (2014) Vol. 1 No. 1
"How to Recognise Rights of Termination" QLS Conference 17 July 2014
"Compensation under the Petroleum and Gas (Production and Safety) Act 2004 post Sullivan and the 2010 amendments: who is entitled to compensation and what are we compensating?" AMPLA State Conference 15 June 2013 with Mr. Ambrose QC
“Indemnity, Limitation and Exclusion Clauses in Retail and Commercial Tenancies” Legalwise CPD Seminar 26 March 2013
“Cumulative Management Regime” Legalwise CPD Seminar 20 November 2012
“Public Liability Update” Thomson Reuters Brisbane CPD Seminar 23 March 2012
“Property Law and Property Agents and Motor Dealers Act Update” Legalwise seminar 15 February 2012
“Limitation of Liability and Exclusion Clauses in Building and Construction Contracts” Legalwise seminar November 2011
“Applying the rules of evidence to commercial litigation” QLS seminar 11 March 2011
“Dealing with Counsel: The Brief, Conferences and Trial” QLS seminar 10 March 2011
“Boiler plate and force majeure clauses” Malleson Stephen Jaques presentation 2009
“Potential leakage outlines dangers” Gold and Minerals Gazette September 2008
“Carbon leakage under the CRPS” Oil and Gas Gazette September 2008
"No Shortage of Water – Reforms" November 2006 Minter Ellison Lawyers
"Occupier Bounced in Trampoline Case” July 2005 Carter Newell
“Spam Wars – Where does business stand now?” May 2004 Carter Newell
Cases of Note
Arbitration seated in the Court of Arbitration for Sport, Lausanne, Switzerland. Retained as Counsel 2020/2021.
Arbitration seated in Melbourne and conducted under the ICC Rules. Choice of law, Western Australia. Claim: USD $10.26 M. 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, Department of Environment & Heritage Protection (No. 3) [2016] QLC 21
Citigold Corporation Limited v Chief Executive, Department of Environment & Heritage Protection (No. 2) [2015] QLC 50
Citigold Corporation Ltd v Chief Executive, Department of Environment & Heritage Protection [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 for knee and hip replacements (2013-2014)
Clapham & Ors v. Department of Environment and Resource Management, 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 Department of Environment and Resource Management [2012] QLC 013
Newsletters
20 July 2015 - Restoration of community objection rights & confirmation of Land Court member immunity by Kelly McIntyre
21 March 2016 - DEHP’s extended powers to issue EPO’s to related persons & amendments to Financial Assurance by Kelly McIntyre
8 April 2016 - Guideline - Financial Assurance under the Environmental Protection Act 1994 (ESR/2015/1758) effective 4 March 2016