Principal Lawyer

David Weinberger

David Weinberger

Principal Lawyer

BBusAdmin, JD


Legal secretary: Christine Bosevska

(03) 8600 8863

dweinberger@kcllaw.com.au

David is a Principal Lawyer and Head of KCL Law’s Litigation and Dispute Resolution practice. His 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. David also heads the firm's US Group, and has presented to the legal profession on the issue of social media and the law. He is a dual American and Australian citizen with strong connections to both jurisdictions.

David joined KCL Law in 2002 after practising 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, argued appeals in State and Federal courts, and conducted many depositions of insurance industry professionals.

At KCL Law, David has handled matters in all of the lower and appellate courts in Victoria, including the Federal Court of Australia, and acted for the US in proceedings that went to the High Court of Australia. David has also represented clients in cases filed in the Supreme Courts of New South Wales, South Australia and Western Australia, and successfully appeared as Counsel before the High Court of Australia.

David has represented American rap artist Flo Rida after the District Court of New South Wales permitted service on Flo Rida via posting a message on a Facebook page informing him that he had been sued. The Supreme Court of New South Wales Court of Appeal threw out the judgment that had been entered against Flo Rida in absentia, holding that service via Facebook on an overseas celebrity was invalid particularly where there was insufficient evidence to connect the Facebook page to Flo Rida.

Admitted to Practice

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

Professional Memberships

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 a member of the Law Institute of Victoria’s Taskforce on Social Media.

Reported Cases

Reported Cases, Australia

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Reported Cases, United States

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US Practice

Commercial litigation / Insurance litigation

  • 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

Professional memberships

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