Principal Lawyer

A Principal Lawyer and Head of KCL Law's Litigation and Dispute Resolution and Insurance teams, David’s practice includes breach of contract claims, trade practices, shareholder / partnership disputes, international litigation, professional negligence claims, insurance coverage disputes, property disputes 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, David is qualified to practise law in both jurisdictions. With strong connections in both countries, David established and heads the firm’s US Group. He is also a current and past member of the firm’s Executive Committee and serves on the firm’s 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 in New York state.

David is a member of Law Institute of Victoria, the New York State Bar Association and the State Bar of Georgia, and a past member of the Law Institute of Victoria’s Social Media Taskforce. He is also a Governor of the American Chamber of Commerce in Australia (AmCham) and a Director of Port Phillip Community Group (not-for-profit).

Relevant experience

Reported Cases, Australia

Reported Cases, United States

Areas of practice

Litigation and dispute resolution

• Common law
• Commercial lease actions
• Competition and consumer law
• Contractual claims
• Directors duties
• Guarantees and indemnities
• Insolvency litigation
• Insurance
• International commercial litigation
• Negligence actions
• Partnership disputes
• Partnership and joint ventures
• Professional indemnity
• Property disputes
• Protection of intellectual property

Alternative dispute resolution

• Mediation

Insurance

• 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

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