Kaushalya is a Special Counsel in Gilbert + Tobin's Disputes + Investigations/Employment group.
Kaushalya provides employment advice in both advisory and litigious matters. Kaushalya’s practice focuses on acting for employers in complex, high-value employment disputes in the Federal and Supreme Courts.
She has a proven track record, successfully enforcing post-employment obligations, pursuing employees involved in high-value breaches of their employment contract and defending claims brought by employees following their termination.
Kaushalya has expertise in the new whistleblower laws and delivers training, advice on compliance issues, oversees whistleblower investigations and represents clients in Federal Court proceedings, defending allegations seeking relief for breaches of these laws. She has acted for clients across multiple industries, successfully representing them in a range of forums including before the corporate and consumer regulators, in international arbitration and mediation.
Kaushalya has a Bachelor of Laws (First class Hons.), Bachelor of Communication from the University of Technology Sydney.
Kaushalya's experience includes:
- Acting for software development company in commencing proceedings in the Supreme Court against a customer alleging breach of a non-solicitation clause the subject of a licensing agreement and interference with the contractual relations between the company and its employees. Defending a $7.5 million dollar breach of contract counterclaim.
- Acting for a global infrastructure provider in commencing proceedings in the Federal Court against 3 former employees, their new employer, its parent company and two of its directors for breach of fiduciary duty and the theft of confidential information. Successfully obtaining interlocutory injunction compelling the return of client confidential information, preventing the misuse of this information and ordering the inspection and forensic analysis of the respondent’s personal devices.
- Advising confidential clients in their defence of adverse action claims, claims of contractual breaches and claims of breaches of the whistleblower laws under the Corporations Act.
- Representing a confidential client in responding to inquiries in connection with a financial services investigation by a number of supervisory domestic and global regulators, concerning conduct in relation to benchmarks and foreign exchange.
- Successfully representing individuals and large multinational corporations in criminal and civil proceedings in relation to the Corporations Act.
- Advising a confidential client in its settlement with its former CEO in relation to an adverse action claim following a disciplinary investigation.
- Successfully negotiating on behalf of and representing corporations in multi-million dollar actions relating to the misleading and deceptive provisions of the Australian Consumer Law in the Supreme Court and Federal Court jurisdictions.
Awards and Recognition
‘Kaushalya Mataraaratchi is very responsive, goes above and beyond, quickly learns the industry we operate in and provides great insights.’
Kaushalya co-authored the Australian Chapter of Chambers and Partners Global Practice Guide: Employment, 2020.