Kylie Downes
The Honourable Justice Kylie Elizabeth Downes | |
|---|---|
| Judge of the Federal Court of Australia | |
| Assumed office 2 August 2021 | |
| Personal details | |
| Nationality | Australian |
| Education |
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Kylie Elizabeth Downes is an Australian judge of the Federal Court of Australia, appointed on 2 August 2021 to the Brisbane Registry.[1] She was previously a commercial barrister in Brisbane and was appointed senior counsel in 2008.[1] Since March 2023, she has also served as a Deputy President of the Australian Competition Tribunal.[2]
Education and early career
Downes graduated with a Bachelor of Laws (Honours) from the Queensland University of Technology and later completed the Bachelor of Civil Law at the University of Oxford.[1] She was admitted to the Queensland Bar in 1992 and took silk in 2008.[1] Before her judicial appointment she practised in commercial matters and contributed to practitioner education, including a long-running “Back to Basics” column for the Queensland Law Society Proctor, later collected in book form.[3][4]
Judicial service
Downes was appointed a judge of the Federal Court of Australia on 2 August 2021.[1] A ceremonial sitting to welcome her was held in Brisbane on 31 March 2022; the transcript is published by the Court.[5] The Australian Government Directory records her Federal Court commission and her concurrent appointment to the Competition Tribunal.[6]
Selected decisions
- Australian Securities and Investments Commission v BPS Financial Pty Ltd [2024] FCA 457: found that BPS engaged in unlicensed conduct in relation to the “Qoin Wallet” non-cash payment facility and made misleading representations.[7] On appeal, the Full Court allowed ASIC’s appeal in part in [2025] FCAFC 74.[8][9]
- MSA 4x4 Accessories Pty Ltd v Clearview Towing Mirrors Pty Ltd (No 2) [2024] FCA 417: patent and unjustified threats proceeding (costs and related relief).[10]
- Other published judgments of Downes J (single judge and Full Court) are indexed by the Court.[11]
Public and professional engagement
Downes has spoken on Federal Court trial practice for the Queensland Law Society’s Modern Advocate Lecture Series, reflecting on practical aspects of running trials.[12][13]
References
- ↑ 1.0 1.1 1.2 1.3 1.4 "The Hon Kylie Elizabeth DOWNES — Biography". Federal Court of Australia. 2 August 2021. Retrieved 16 October 2025.
- ↑ "Biography of Deputy President, Justice Downes". Australian Competition Tribunal. 27 March 2023. Retrieved 16 October 2025.
- ↑ "Kylie Downes QC – Proctor (author page)". Queensland Law Society. Retrieved 16 October 2025.
- ↑ "Back to basics (3rd ed.) — About the author" (PDF). Queensland Law Society. Retrieved 16 October 2025.
- ↑ "Ceremonial sitting of the Full Court to mark the appointment of Justice Kylie Downes — transcript". Federal Court of Australia. 31 March 2022. Retrieved 16 October 2025.
- ↑ "Kylie Downes". Australian Government Directory. Retrieved 16 October 2025.
- ↑ "ASIC wins first court outcome regarding a non-cash payment facility involving crypto assets". Australian Securities and Investments Commission. 15 May 2024. Retrieved 16 October 2025.
- ↑ "Australian Securities and Investments Commission v BPS Financial Pty Ltd [2025] FCAFC 74". Federal Court of Australia — Judgments. 30 May 2025. Retrieved 16 October 2025.
- ↑ "Judgment summary: ASIC v BPS Financial Pty Ltd [2025] FCAFC 74" (PDF). Australian Securities and Investments Commission. 30 May 2025. Retrieved 16 October 2025.
- ↑ "Browse Federal Court judgments by year — 2024 (entries FCA 408, FCA 417, FCA 505)". Federal Court of Australia — Judgments. Retrieved 16 October 2025.
- ↑ "Browse judgments by judge: Downes J". Federal Court of Australia — Judgments. Retrieved 16 October 2025.
- ↑ Gauld, Natalie (December 2023). "Trials much like 'Cricket Matches'". Hearsay. Queensland Law Society. Retrieved 16 October 2025.
- ↑ "Justice to talk trials for lecture series". Proctor. Queensland Law Society. 10 October 2023. Retrieved 16 October 2025.
External links
- Official website
- Judgments of Downes J at the Federal Court of Australia
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