174 - 180 Phillip Street
Sydney NSW 2000
TEL: (02) 9232 7750


Kim Elizabeth Burke

Barrister

Tel:  (02) 9223 5673          Fax:  (02) 9221 4196

Email:   keburke@13wentworthselbornechambers.com.au

Admitted to the Bar

February 1993


Previous Occupation

Registered General Nurse
Oncology Nurse Consultant

Legal Education

LLB (Hons) - University of Technology


Areas of Practice

Coronial Inquests
Equity, including commercial matters
Family Provision Act Matters
General Negligence
Medical Negligence
Professional Negligence


Admitted to Practice

NSW Supreme Court
Federal Court
High Court


Memberships

NSW Bar Association


Additional Qualifications

General Registered Nurse Certificate, Oncology Certificate


Curriculum Vitae

Click for CV


Publications

"Safe Administration of High Dose Cisplatin to Elderly Patients", Burke KE, Swanson C, Lancaster L, Raghavan D, Oncology Nursing Forum, 1985, 12, 2, 69

"Alteration in Comfort - Pain", Burke KE, College of Nursing Conference Proceedings, 1988, 1, 5


Career Highlights

A selection of cases in which Kim has been briefed and appeared at trial, include:

Family Provision Act, Probate and NSW Jurisdictional / Constitutional Proceedings:
Balajan v Nikitin (1994) 35 NSWLR 51

Contempt Proceedings:
Registrar, Court of Appeal v Craven (1994) 126 ALR 668; 77 A CrimR 410;
Registrar, Court of Appeal v Craven (1995) 120 FLR 464; 80 A CrimR 272.

Commercial / Corporations/Equity Proceedings:
Wright & Ors v Australia and New Zealand Banking Group Limited [2000] NSWCA 62
Wright & Ors v Australia and New Zealand Banking Group Limited [2000] NSWCA 62
Commonwealth of Australia v The Official Trustee in Bankruptcy as Trustee of the property of Stephen Vasil [2004] NSWSC 1155
Hall v Gelin & Anor (unreported), 21 April 2004, Williams DCJ, upheld by Court of Appeal in Graham v Hall [2006] NSWCA 208
Eccleston v O'Keefe [2010] NSWLEC

Professional Negligence - including interlocutory judgments:
South Western Area Health Service v Gabriel & Ors (2001) NSWCA 477
Boshell v Sharman (2005) NSWCA 476
Caldwell v JA Neilson Investments Pty Ltd (2007) NSWCA 3
Marko v Falk (2007) NSWSC 14 upheld by Court of Appeal in Marko v Falk [2008] NSWCA 214
G&M v Armellin [2008] ACTSC 68, overturned on appeal [2009] ACTCA 6
Swanson v Kedesh Rehabilitation Services Ltd (unreported) 19 December 2008, Gibb DCJ, upheld by the Court of Appeal in Swanson v Kedesh Rehabilitation Services Ltd [2010] NSWCA 25
MD v Sydney South West Area Health Service & Anor (2009) NSWDC 24

Inquests:
Inquest into the death of Rebecca Murray, June 2009;
Inquest into the death of Rebecca Lawrence, August 2009,
Inquest into the death of Peta Kimm, September 2009
Inquest into the death of Rasphal Hayer, October 2009
Inquest into the death of Forster, March-April 2010
Inquest into the death of William Chell, November 2010
Inquest into the death of Jasmina Djordjevic, September 2010, Feb-March 2011


Special Interests

Kim has a special interest in professional negligence, specifically matters pertaining to medical and nursing practice, which includes but is not limited to "wrongful birth" and "wrongful life cases". Kim is particularly interested in inquests and the manner in which they are conducted.

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