Principal Lawyer

David Weinberger

David Weinberger

Principal Lawyer

BBusAdmin, JD


Legal secretary: Christine Bosevska

+61 3 8600 8863

dweinberger@kcllaw.com.au

A Principal Lawyer and Head of Litigation and Dispute Resolution, David’s practice includes breach of contract claims, trade practices, shareholder / partnership disputes, international litigation, insurance claims, estate litigation and insolvency litigation. He frequently appears in court for interlocutory hearings and regularly acts for parties in Commercial List matters pending in the Supreme and County Courts.

Since joining KCL Law in 2002, David has handled matters in all of the lower and appellate courts in Victoria, including the Federal Court of Australia, and has represented clients in the Supreme Courts of New South Wales, South Australia and Western Australia. He has also successfully appeared as Counsel before the High Court of Australia. David was successfully involved in the leading case in Australia regarding the commercial exception to sovereign immunity under the Foreign States Immunities Act and, separately, serving court documents via social media.

A dual American and Australian citizen with strong connections to both jurisdictions, David established and heads the firm’s US Group. He has also served on the firm’s Executive Committee and is currently a member of the IT Committee.

Prior to joining KCL Law, David practised at a New York City law firm specialising in insurance law, including coverage litigation and defending insurance brokers and agents against professional indemnity claims. During that time, he conducted trials and argued appeals in State and Federal courts.

David is a Governor of the American Chamber of Commerce in Australia (AmCham), a member of the New York State Bar Association, an inactive member of the State Bar of Georgia and was a member of the Law Institute of Victoria’s Taskforce on Social Media.

Relevant experience

Reported Cases, Australia

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Reported Cases, United States

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Areas of practice

Commercial litigation and dispute resolution

  • Common law
  • Commercial lease actions
  • Contractual claims
  • Directors duties
  • Guarantees and indemnities
  • Insurance
  • Negligence actions
  • Partnership disputes
  • Partnership and joint ventures
  • Professional indemnity
  • Protection of intellectual property
  • International commercial litigation
  • Real estate litigation
  • Trade practices

Alternative dispute resolution

  • Mediation

US Practice

Professional memberships

  • Law Institute of Victoria
  • American Chamber of Commerce in Australia
  • New York State Bar Association
  • State Bar of Georgia

Admitted to practice

  • 1995 — Georgia, USA
  • 1996 — New York, USA
  • 2002 — Victoria and Federal Court of Australia