Legal secretary: Joanne McKercher
+61 3 8600 8863
David has more than 25 years of civil litigation experience in Australia and America. He has been a Principal Lawyer and Head of Litigation and Dispute Resolution at KCL Law since 2008. David’s practice includes breach of contract claims, competition and consumer law, shareholder and partnership disputes, insurance claims, insolvency litigation and international litigation. He frequently appears in court and regularly acts for parties in Commercial List matters.
Since joining KCL Law in 2002, David has handled matters in all Victorian courts and the Federal Court of Australia. He has also represented clients in the Supreme Courts of New South Wales, Queensland, South Australia and Western Australia. David has appeared as Counsel before the High Court of Australia and was successfully involved in several leading cases in Australia, including:
- Chen v Blockchain Global Ltd, the first reported case in Australia using the Court’s power to preserve property to try and secure Bitcoins pending resolution of the dispute.
- Wells Fargo Bank Northwest National Association v Victoria Aircraft Leasing Limited, a case involving the commercial exception to sovereign immunity under the Foreign States Immunities Act 1985 (Cth).
- Flo Rida v Mothership Music Pty Ltd, a case where a music festival promoter served court documents via social media on a famous American rapper.
David is a dual American and Australian citizen, and is qualified to practise law in both jurisdictions. He maintains strong connections in both countries and heads the firm’s US Group and Insurance practice. He is a current and past member of the firm’s Executive Committee, and has served on the firm’s IT Committee for more than 10 years.
Prior to joining KCL Law, David practised at a New York City law firm where he gained experience in coverage litigation and professional indemnity claims (i.e. errors and omissions by insurance brokers/agents). During that time, he conducted trials and argued appeals in State and Federal courts in New York state, including the Second Circuit Court of Appeals and several Appellate Divisions.
David is a member of the Law Institute of Victoria (LIV) and the New York State Bar Association. He is a Director of Port Phillip Community Group (NFP) and a Life Member of the St Kilda Baseball Club (est. 1879). He is a past member of the LIV’s Social Media Taskforce and was a Governor of the American Chamber of Commerce in Australia (AmCham).
|Significant reported cases in Australia||Significant reported cases in the United States|
Areas of practice
- Common law
- Commercial lease actions
- Competition and consumer law
- Contractual claims
- Directors duties
- Guarantees and indemnities
- Insolvency litigation
- International commercial litigation
- Negligence actions
- Partnership disputes
- Partnership and joint ventures
- Professional indemnity
- Property disputes
- Protection of intellectual property
- Public and products liability
- Professional indemnity insurance
- Property damage insurance
- Business insurance (including business interruption claims)
- Home and contents insurance
- Motor vehicle insurance
- Claims against insurance brokers and agents
- Defending, disputing or prosecuting claims
- Negotiating to secure coverage
- Policy / coverage assessment and advice
- 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