Rosalie Alison Byrne
Rosalie Byrne is a litigation and dispute resolution lawyer based in Canberra with over 15 years experience. She focuses on commercial and government litigation, statutory interpretation, administrative law and investigations.
Rosalie has advised Commonwealth government and commercial clients in a broad range of areas including negligence, public liability, administrative law, merits review, breach of contract litigation and strategy, statutory interpretation, civil penalty enforcement and privacy.
Rosalie has worked on various investigations including the CSIRO investigation into allegations of workplace bullying and other unreasonable behaviour, Defence review and investigation of grievance claims and the review and assessment of cases of wrongful detention identified by the Ombudsman in the '247 Report.'
Rosalie also understands government clients having undertaken a number of secondments to Commonwealth clients including Comcare, the Department of Industry and the Department of Immigration. Rosalie holds an Australian Government negative vetting 1 security clearance.
- Department of Finance, Comcover and the Department of Defence - resolve claims in multiple Australian jurisdictions for damages for negligent misstatement, breach of statutory duty, breach of Australian Competition Law and contract regarding eligibility to join or receive benefits under the Commonwealth and Military superannuation schemes.
- Australian Federal Police - defence of claim for personal injury (quadriplegia) arising from a police shooting. This was complex multi-party litigation involving territory and Commonwealth government departments and allegations relating to negligence, breach of statutory duty and misfeasance in public office.
- Department of Immigration - defend a claim for personal injury relating to detention of minors in immigration detention. This was complex high profile and politically sensitive multi-party litigation involving state and Commonwealth government departments and private contractors.
- Grains Research and Development Corporation - dispute concerning unauthorised use of confidential information and infringement of intellectual property rights arising from funding of research conducted at a tertiary institution concerning integrated weed seed destructor technology.
- Comcare - suite of claims brought under s50 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) bringing common law damages claims in the name of injured workers to recoup worker's compensation payments and other damages sustained by Commonwealth workers from CTP insurers. This work including running test cases in the ACT Supreme Court and NSW District Court relating to statutory interpretation of provisions in the Safety, Rehabilitation and Compensation Act 1988 (Cth) and the Civil Law (Wrongs) Act 2005 (ACT) and involved complex questions of interplay between Commonwealth and territory legislation.
- Department of Industry, Innovation and Science - responding to an AAT applications for review of R&D tax incentive and tax concession decisions by Innovation and Science Australia in respect of decisions relating to registration and eligibility of activities and extension provisions under enabling legislation.
- Department of Environment - civil penalty litigation in respect of alleged breaches by a commercial developer of provisions of the Environment Protection and Biodiversity Conservation Act 1999 relating to civil penalty provisions and collaboration with the Department of Public Prosecutions re concurrent criminal and civil penalty provisions relating to unapproved clearing of land containing protected flora and fauna.
- CSIRO - Member of the team assisting the Independent Investigator in the CSIRO investigation into allegations of workplace bullying and other unreasonable behaviour and Defence review and investigation of grievance claims. Rosalie also assisted the Department of Immigration in the review and assessment of cases of wrongful detention identified by the Ombudsman in the 247 Report.
- Commercial builder - complex multi-party Federal Court proceedings the subject of significant recovery action following a fire in The Flint restaurant in the Diamant Hotel precinct in NewActon. The proceedings involved consideration of manufacturing, design, construction, coordination and certification issues.
- Department of Immigration - Rosalie was seconded to the Department of Immigration to assess and investigate cases of wrongful imprisonment in immigration detention identified by the Ombudsman. This involved evaluating visas held and requirements for entry and comparing to breaches leading to detention for referral to legal services providers for assessment of damages.