Daniel Harrison

• Arbitrators & Mediators
• Commercial Law
• Competition
• Equity
• Fraud, Injunctive Relief & Asset Recovery
• Inquests & Inquiries
• Insurance & Reinsurance
• Media, Entertainment & Broadcast
• Professional Negligence
• Public Law

Daniel is a client-focused commercial barrister with a broad range of experience.  He specialises in insolvency, property, contractual and general commercial disputes.

Daniel has acted for numerous liquidators and bankruptcy trustees.  He has appeared in all Victorian and Federal Courts, both at trial and appellate level.  Another area of interest to him is criminal law, especially white collar crime.

Daniel understands that for non-institutional clients, litigation is a difficult and stressful process.  He is mindful of the need to ensure that clients are as comfortable with the process as possible.

In his Master of Laws, which he completed in 2004, Daniel focused on equity, contractual remedies, professional indemnity insurance and minority shareholders’ remedies.

Daniel has long provided advice at community legal centres and on a pro bono basis.  He believes that those who have benefited from the law have the obligation to return that benefit to the community. To that end, he is always prepared to consider requests from solicitors to act on a pro bono basis in appropriate matters.

Type of Practice

Trial and appellate advocacy, pleadings and opinion work, principally in the Supreme Court, County Court and bankruptcy courts.

Examples of Cases

• Polis v Zombor (No 5) [2022] FCA 122. Application for preliminary discovery.
• Micheletto & Carrafa as Joint and Several Trustees of the property of Aid Eshi (Bankrupt) v Bhnan [2021] FCCA 1248. Trustees’ application to set aside a transfer of property.
• Sceam Construction Pty Ltd v Clyne [2021] VSC 296; on appeal [2021] VSCA 270. Application to set aside statutory demand.
• Murch v Annesley [2020] VSC 837; on appeal [2021] VSCA 83 and [2021] VSCA 126. Application for extended litigation restraint orders.
• Rathner (Liquidator), in the matter of Reliance Franchise Partners Pty Ltd (in liq) [2019] FCA 1816; Rathner (Liquidator), in the matter of Reliance Franchise Partners Pty Ltd (in liq) (No 2) [2019] FCA 1930. Liquidators’ examinations.
• In the Matter of Wyndham Park Estate Pty Ltd [2019] VSC 92. Shareholder oppression relief.
• R.G. Murch Nominees Pty Ltd v Annesley [2019] VSC 107. Application for injunctions and to remove ASIC and PPSR registrations.
• Watts Eagle Services Pty Ltd v Passon [2018] VSC 682. Supreme Court appeal.
• Earthworks Today Pty Ltd (In Liquidation) v Butler [2018] FCA 1386. Freezing order and liquidator’s claims for recovery from a director and his wife.
• Brujah v Wolf [2018] VCC 19. Claim for money owed.
• Kuek v Phillips [2017] VSC 332; on appeal [2017] VSCA 332 and [2018] HCASL 70. Claim for payment arising from employment.
• Re Amerind Pty Ltd (rec and mgrs apptd) (in liq) (No 2) [2017] VSC 169. Application by liquidators for directions.
• BB Australia Pty Ltd v Constanti [2017] VSC 114. Supreme Court appeal over franchising agreement.
• Mourik v Von Marburg [2016] VSC 601. Application of the indemnity principle in relation to pro bono representation.
• GW & R Mould Pty Ltd v Mould [2016] VSC 330. Caveat removal application.
• Erskine and Gooding v Elan Media Partners Pty Ltd [2016] VSC 493. Liquidators’ application for directions and PPSA claims.
• Patmore v Hamilton [2014] VSC 275. Sale of land dispute.
• Arnold Thomas & Becker Pty Ltd v Finch [2014] VSCA 45; [2014] VCC 819; [2014] VCC 1269; [2015] VSCA 86; [2015] VCC 1431; [2016] VSCA 117. Claim by solicitors for fees and counterclaim for professional negligence.
• In the Matter of Meares Nominees Pty Ltd (In Liq) [2013] FCA 631. Application to extend time under s 588FF of the Corporations Act 2001 (Cth).
• Ali v Retail Decisions Pty Ltd [2012] FCA 1130. Appeal against a sequestration order.
• Westside Real Estate Investments Pty Ltd v Nguyen [2011] VCAT 1830.  Leasing dispute and relief against forfeiture.
• Kousal v Suncorp-Metway Limited [2011] VSC 312 and Zhou v Kousal [2012] VCS 187. Application to compel delivery up of a duplicate certificate of title following the purchase of property at a Sheriff’s auction, and application to set aside Sheriff’s sale.
• BM2008 Pty Ltd (In Liquidation) v Iliopoulos [2011] FMCA 203; [2011] FMCA 249; [2011] FMCA 267.  Creditor’s petition; substituted service
• Re BM2008 Pty Ltd (in liq) (2010) 244 FLR 17; [2010] VSC 337.  Application to compel liquidators to register a transfer of shares in a company in liquidation.
• Re Perth Freight Lines Pty Ltd [2010] VSC 395; on appeal [2010] VSCA 277 (2010 80 ACSR 240); on re-hearing [2010] VSC 593 ((2010) 246 FLR 235); on further appeal [2011] VSCA 62.  Application to set aside a statutory demand; offsetting claim; recall of unauthenticated orders.
• Iliopoulos v BM2008 Pty Ltd (in liq) [2010] FMCA 376; on appeal [2010] FCA 787 and [2010] [2010] HCATrans 326.  Application to set aside bankruptcy notice.
• Bray v Dye (No. 2) [2010] VSC 152.  Application for costs against lawyers personally.
• Broleb Pty Ltd v Naranto Pty Ltd [2010] VSC 520.  Mortgagee’s claim for possession; costs under the mortgage.
• Porter v Bonarrigo [2009] VSC 500; Porter v Bonarrigo (No. 2) [2010] VSC 302.  Claim against bankruptcy trustee for an equitable charge or equitable lien over property.
• Perth Freightlines Pty Ltd v BM2008 Pty Ltd (in liq) [2009] VSC 542; on further appeal [2011] VSCA 218.  Application for leave to appeal from an arbitrator’s award; application for leave to enforce the award as an order of the Supreme Court.
• Motium Pty Ltd v Arrow Electronics Australia Pty Ltd [2009] WADC 184; on appeal [2011] WASCA 65.  Sale of goods; allegedly defective goods; questions of causation and proof of damage.
• Johnson v Morrison [2009] VSC 72.  Injunction; adverse possession; adequacy of damages; injunction against the Registrar of Titles.
• Everest Project Developments Pty Ltd v Mendoza [2008] V Conv R 54-755; [2008] VSC 366.  Sale of property “off the plan”; requirements of the Sale of Land Act 1962; recission of contracts of sale; payment of deposits; natural surface level of land.
• Tsapepas v Rhino Strategic Communications [2008] VSC 55; Appeal to the Supreme Court; limitation of actions; part payment.  Further appeal to the Court of Appeal.
• Protec Pacific Pty Ltd v Cherry [2008] VSC 76.  Injunction application; expert witnesses; legal professional privilege and confidential information; principle of no property in a witness.
• Protel Communications International Pty Ltd v Chen [2007] FMCA 1135; on appeal [2007] FCA 1374.  Application to stay proceedings under the Trade Practices Act 1974 because of related criminal proceedings.
• Re the will of G G Sitch (dec’d) [2005] VSC 308 and [2005] VSC 383.  Application for testator’s family maintenance.
• Keirl v Kelson (2004) 21 VAR 422; [2004] VSC 224.  Three day appeal from the VCAT; apprehended bias because of comments made out of court by VCAT member; unreasonableness of decision; failure to accord procedural fairness by the exclusion of evidence.

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.