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Experience

Daniel practices primarily in commercial litigation - including building and construction, insurance, professional negligence, corporations, equity and trusts, consumer protection and trade practices.

Daniel started his career at Arnold Bloch Leibler in Melbourne and holds a Bachelor of Arts and a Bachelor of Laws (with Honours) from Monash University and a Master of Laws from the University of Melbourne.

Committee positions:

• Secretary of the Building & Construction Committee
• Secretary of the Health & Wellbeing Committee

Recent matters include:

Building and Construction

• Owners Corporation PS 623721 & Ors v Shangri-La Construction Pty Ltd & Ors: brief on behalf of Arch Underwriters (the builder's insurer) in relation to a defective building dispute (led by Peter Murdoch QC).

• Central Pier (Docklands) Pty Ltd & Anor v Schiavello (Vic) Pty Ltd & Ors: briefed on behalf of the plaintiffs in relation to a claim for alleged breaches of contract and duty of care by the defendants resulting in a fire at the Woolshed Pub in Melbourne (led by Peter Murdoch QC).

• Cityold Pty Ltd v Aerotech Canopies & Sheetmetal Pty Ltd: briefed in a recovery claim by Insurance Australia Limited (formerly Lumley General Insurance Limited) in relation to claim for negligent building works resulting in a fire at a restaurant in Melbourne (unled).

• Cafecco Pty Ltd v Prolux Electrical Contractors Pty Ltd: briefed in relation to claim for negligent electrical works resulting in a fire at a café and office building in Melbourne (unled).

• CSR Building Products Pty Ltd v Dematic Pty Ltd & Anor: briefed on behalf of the plaintiff in a dispute in the Victorian Supreme Court in relation to the delivery and performance of automated guided vehicles and a warehouse management system at CSR's Springvale and Yarraville factories (led by Frank Hicks SC).

Insurance

• Briese v Allianz Australia Insurance Pty Ltd: acted for the defendant at trial in relation to the successful defence of a claim by an insured under a contract of insurance and later on appeal (led by Philip Solomon QC, and then Jeremy Twigg QC).

• Insurance Australia Limited v AAI Limited: brief in relation to a claim for contribution for dual insurance (unled).

• Russell & Anor v The Hollard Insurance Company Pty Ltd: briefed for the defendant in relation to an insurance contract dispute (led by Jeremy Twigg QC).

Negligence

• Michos Family Super Company Pty Ltd & Anor v LSA Partners Pty Ltd: briefed for the plaintiffs in a claim for professional negligence against a firm of accountants (unled).

• Chemtrans Pty Limited v Rubbertec Australia Pty Ltd: briefed in a claim for breach of contract, breach of consumer guarantees under the ACL and negligence leading to a chemical spill near Macedon in Victoria (unled).

• Almas Almonds Pty Ltd v Northwest Irrigation Systems Pty Ltd & Ors: acted on behalf of a defendant (and plaintiff by cross claim) in proceedings brought by Almas Almonds in relation to the alleged negligence supply and installation of a commercial irrigation system (led by Richard Attiwill QC).

• Austech Wire & Cable Pty Ltd v Primaplas Pty Ltd: acted for the defendant in proceedings in relation to the alleged negligent or faulty supply of high-density polyethylene (led by Richard Attiwill QC and later Jeremy Twigg QC).

• Lend Lease Infrastructure Services Pty Ltd v Whitehorse Trucks Pty Ltd & Anor: appeared on behalf of the plaintiff (Lend Lease) in proceedings concerning a claim in negligence relating to defective trucks (led by Will Alstergren QC).

• King v Douglas Partners Pty Ltd: briefed in proceedings regarding claims for loss (including pure economic loss) arising out of alleged misleading and deceptive conduct and negligence in respect of the provision of environmental reporting services by the defendant, and appeared for the defendant in an interlocutory application in respect of several subpoenas issued by the defendants (unled).

Commercial and Corporations Law

• Nailini Asher Enterprises Pty Ltd v H&M Tracey Construction Pty Ltd & Anor: briefed on behalf of the applicant in a successful preliminary discovery application and subsequent oppression proceedings in the Federal Court of Australia (unled).

• Moriatis & Anor v Sam Wood & Ors: briefed on behalf of the plaintiffs in relation to a dispute in the Victorian Supreme Court over ownership of an online health and fitness business, 28 by Sam Wood (led by Greg Harris QC).

• Finance & Guarantee Company Pty Ltd & Ors v Auswild & Ors: briefed on behalf of the plaintiffs in relation to a large dispute in the Victorian Supreme Court relating to alleged breaches of trust and directors duties over several years in relation to the Preston Motors Group of companies (led by David Collins QC, with Justin Tomlinson).

• De Lutis v De Lutis: briefed on behalf of the defendant (Colin De Lutis) in relation to oppression proceedings and related claims in the Victorian Supreme Court in respect of a demerger agreement in respect of the $500 million De Group of companies (led by Allan Myers QC, with Justin Tomlinson).

• Key Infrastructure Australia Pty Ltd v Bensons Property Group Pty Ltd: briefed on behalf of the plaintiff in relation to proceedings in the Victorian Supreme Court for breach of a development management agreement relating to the development of property in Port Melbourne (led by Allan Myers QC).

• Leone v Turi Foods Pty Ltd & Anor: acted on behalf of the defendants in proceedings in the Victorian Supreme Court alleging, inter alia, breach of contract, estoppel, unjust enrichment and misleading and deceptive conduct in relation to the defendant’s employment by the plaintiff (led by Tim North QC).

• Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd: appeared on behalf of the plaintiffs (the Armstrong parties) in proceedings in the NSW Supreme Court in respect of alleged false and misleading conduct, unconscionable conduct and breach of contract in respect of the establishment and management of a global insurance expense reduction business, including interlocutory applications in respect of security for costs and related applications (led by Will Alstergren QC).

• Len Group Holdings Pty Ltd & Anor v The Cheesecake Shop Pty Ltd & Anor: acted for the plaintiff (franchisee) in proceedings in the Victorian Supreme Court against The Cheesecake Shop Pty Ltd (the franchisor) in respect of the sale of business and allegations of breach of the franchise agreement (unled).

• Statewide Secured Investments Pty Ltd v Hillington Valley Pty Ltd: appeared for a defendant in an application for summary judgment in the NSW Supreme Court (unled).

• Perricoota Boat Club Investments Pty Ltd v Watson: appeared on behalf of the plaintiff (Perricoota Boat Club Investments) in proceedings in the NSW Supreme Court concerning a contractual dispute in respect of the sale and development of land (led by Will Alstergren QC).

Trusts and equity

• BBHF Pty Ltd v Compare Forex Brokers Pty Ltd: briefed on behalf of the defendants in relation to alleged breaches of trust and directors' duties in respect of an online foreign exchange business (led by Hamish Austin QC).

• Ying Mui Pty Ltd v Frank Kiang Ngan Hoh & Ors: acted for the defendants in proceedings for breach of trust in respect of discretionary trusts owning substantial property assets in Victoria (led by Peter Bick QC, with Cam Truong).

• Land & Anor v Prideland Equity Pty Ltd: acted for the defendants in proceedings for breach of trust in respect of a discretionary family trust (led by Jeremy Twigg QC).

Constitutional Law

• Briefed to advise the Australian Southern Bluefin Tuna Industry Association Ltd in relation to proposed government action to make changes to Statutory Fishing Rights (SFRs) under the Fisheries Management Act 1991 (Cth) (led by Allan Myers QC).

From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.