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Daniel
Harrison

Daniel is a 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 level and in numerous appeals.  Another area of interest to him is criminal law at both trial and appellate level, especially in relation to 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.  Daniel has often appeared as junior counsel.

Examples of Cases

    • Kuek v Phillips [2017] VSC 332; on appeal [2017] VSCA 332. 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 & Anor [2016] VSC 493. Liquidators' application for directions and PPSA claims.
    • Patmore & Anor 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.
    • Bonleaf Pty Ltd v Harmony Imports Pty Ltd [2009] VCAT 2475.  Claim by landlord against tenant and guarantors for unpaid rent and outgoings.
    • 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.
    • Gurappaji v Penhalluriack [2009] VSC 609.  Application to enforce terms of settlement.
    • 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.
    • 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.
    • Tankard v Chafer [2005] VSC 171.  Two day appeal from the Magistrates' Court; defamation claim; scope of qualified privilege; malice; interest and costs calculations.
    • Re the will of G G Sitch (dec'd) [2005] VSC 308 and [2005] VSC 383.  Application under Part IV of the Administration and Probate Act 1958 for testator’s family maintenance.
    • 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.
    • Johnson v Morrison [2009] VSC 72.  Injunction; adverse possession; adequacy of damages; injunction against the Registrar of Titles.
    • Tasic v Barro Group Pty Ltd [2003] FMCA 61: application for annulment of a sequestration order.

    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.

    Contact

    PH +61 3 +61 3 9225 8462
    Email harrison@vicbar.com.au
    FAX +61 3 9225 6355

    Chambers: Room 1012
    Lonsdale Chambers
    Level 10 460 Lonsdale Street
    Melbourne 3000

    Practice Areas

    Alternative Dispute Resolution
    International Arbitration
    Appellate
    Civil Appeals
    Banking & Finance
    Cheques
    Commercial Lending
    Complex Transactions
    Guarantees
    Mortgages
    Bankruptcy Law & Insolvency Law
    Corporate Insolvency
    Public Examinations
    Reconstruction
    Commercial Law
    Banking & Finance
    Bankruptcy Law & Insolvency Law
    Building Law & Construction Law
    Competition Law & Consumer Law
    Contractual Disputes
    Corporations Law & Securities Law
    Insurance Law & Professional Negligence Law
    Property & Probate
    Common Law
    Intentional Torts
    Negligence
    Criminal Law
    Corporate / White Collar Crime
    Fraud
    Proceeds of Crime
    Equity & Trusts
    Family Provision
    Powers of Attorney
    Real Property
    Wills & Probate
    Inquests, Inquiries, Tribunals & Commissions
    Coronial Inquests
    Royal Commissions
    Public Law & Administrative Law
    Costs Court & Taxing Master
    Disciplinary Proceedings
    Judicial Review
    Merits Review
    Technology Law & Media Law

    ADMISSIONS

    Admitted to the Legal Profession:
    04 Nov 1998
    Signed Victorian Bar Roll:
    22 Nov 2001

    Qualifications

    BSc, LLB (Hons) (Monash), LLM (Melb)

    Committee Memberships

    Health and Wellbeing Committee