Kristina Mihalic
Kristina practices in the areas of government related litigation, administrative law, and information law.
Kristina assists administrative decision-makers to effectively discharge their functions and assists with the review of matters in the Administrative Appeals Tribunal (AAT), the Federal Court and the High Court of Australia. Kristina is also an experienced solicitor advocate.
Kristina regularly advise Commonwealth, State and private clients on areas such as legislative development, governance, administrative review, judicial review, statutory interpretation, CDDA, freedom of information (FOI) and privacy, drafting of instruments and delegations, and regulatory programs.
Kristina also assists Commonwealth clients in royal commissions, inquiries, investigations and coronial inquests. Her experience includes advising on strategy, leading a team of solicitors, document management, witness interviews, report and document writing (including policies, processes and responses for requests for information), briefing and assisting counsel and witness preparation. Kristina has been involved in various sensitive investigations.
Kristina is known for her detailed, thorough, and practical advice and her ability to explain complex concepts in a comprehensive yet simple manner. She is a trusted legal provider who seeks to actively manage her matters from a cost and strategy perspective. She is known for her ability to provide full and frank advice while remaining cognisant of client sensitivities, including compliance with the Model Litigant Obligations.
Experience
Kristina’s experience includes:
- Advising Commonwealth and State Government clients on all aspects of information law, including drafting FOI decisions and FOI policies; providing on-going or ad-hoc advice on privacy, secrecy, and FOI provisions; preparing privacy impact assessments for new policy initiatives; and acting in the AAT and the Federal Court in respect of challenges to FOI decisions and Privacy determinations.
- Acting for Clients in the AAT, Federal Court and High Court in administrative law litigation, including acting for the Commonwealth in respect of a special leave application to the High Court regarding matters related to the giving of evidence in concurrent criminal and inquisitorial processes; managing a large case load of matters in the AAT; regularly appearing as solicitor advocate on behalf of the Commonwealth in the AAT; assisting clients with judicial review proceedings in the Federal Court and Full Federal Court in respect of a whole range of administrative decisions; and significant experience in the conduct of alternative dispute resolution.
- Advising Clients with respect to all aspects of legislation, including advising with respect to complex statutory interpretation issues; assisting decision-makers to exercise their statutory functions including reviewing evidence, drafting decisions and advising on procedural fairness; drafting legislative instruments, instructions for legislative amendments, instruments of delegations and authorisations.
- Advising Agencies with respect to policy and procedure documents, including procedures on decision-making, natural justice, integrity procedures, and guidelines with respect to application of law; conducting training to legal and non-legal officers with respect to all aspect of administrative law; and advising on the CDDA Scheme and reviewing draft decisions. and
- Conducting investigations and acting for Clients in commissions of inquiry, including Royal Commissions, Coronial Inquests, whistle-blower investigations and internal agency investigations.