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Chloe Foyster

Lawyer
+61.7.3233.1222
Fax +61.7.3233.0900
Chloe is a lawyer in our Commercial Litigation and Dispute Resolution team.

Chloe has experience in acting for companies and individuals in a variety of commercial litigation matters across a range of industries including property, manufacturing and insurance. Specifically, she has experience acting for a large mining company, a major national bank, various property developers and construction companies.

Chloe has also provided advice to health practitioners, in particular, dental practice owners regarding issues which include the operation of restraint of trade provisions, defamation, online reviews, advertising limitations and Service and Facilities Agreements.

Chloe is focused on achieving commercial and cost effective outcomes for clients.

Professional Background

Chloe joined K&L Gates as a Graduate in 2017 and has also gained experience in the Labour, Employment and Workplace Safety team and the Real Estate team.

Professional/Civic Activities

  • Queensland Law Society member
  • Volunteer at LawRight Self Representation Service
Complex Litigation:
  • Representing a property development company in Supreme Court Commercial List proceeding involving a dispute regarding performance of obligations under a development agreement. Claims for an account and declaratory relief for the distribution of funds are sought, including damages for breach of contract.
  • Defend proceedings brought against the company and its guarantor director in multiple jurisdictions in Queensland in relation to claims for damages for breach of contract and indemnity under a guarantee. Related proceedings involved successfully setting aside a statutory demand and procuring a consolidation of proceedings with favourable costs orders.
  • Assisting a client in various ADR mechanisms, including an expert determination regarding liability for substantial fees for the relocation of utilities, including proceedings to challenge the finding on the basis of manifest error.
  • Assisting in the conduct of proceedings involving a mining equipment supply company pursuing claims under contract and the Australian Consumer Law and in relation to defective goods supplied by a manufacturer through a third party.
  • Representing a mining company in proceedings in the Federal Court of Australia, seeking contribution from a Commonwealth Authority to a Workers' Compensation payment made under the Seafarers Rehabilitation and Compensation Act 1992.
  • Representing a Trustee for a major Australian superannuation fund defend various insurance claims, including total and permanent disability claims, death benefit claims, critical illness claims and income protection claims.
  • Assisting in an international arbitration regarding alleged breaches of Joint Venture Agreement between an Australian company and a foreign company, in relation to a proposed development outside Australia.
  • Assisting a petrol retailer pursue a claim for damages for breach of an asset sale agreement in the Supreme Court of Queensland regarding the condition of assets it purchased as part of a sale of business contract.
  • Assisting commercial landlords in tenancy matters to recover arrears and make good expenses incurred under commercial leases, including bringing proceedings against tenants (and guarantors) for damages.
  • Providing advice to an employer in relation to a breach of an employee's post-employment restraint of trade clause. Issuing cease and desist letters, resulting in favorable outcomes.
  • Assisting a property developer in pursuing proceedings against the State of Queensland regarding a claim for damages arising out of alleged negligence by a State Government Department, including assisting with preparation for a 4 day trial in the Supreme Court of Queensland.
  • Assisting various individuals and companies to recover debts due and owing under written, oral and implied contracts.
  • Assisting an individual to defend a claim for loss of opportunity to obtain a profit under a residential building contract between the parties.
  • Assisting a corporation with a Body Corporate Dispute arising from the election of a Body Corporate Committee within a Community Titles Scheme.