Lonsdale Chambers

Profile

Daniel Harrison 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

• Kousal v Suncorp-Metway Limited [2011] VSC 312.  Application to compel delivery up of a duplicate certificate of title following the purchase of property at a Sheriff’s auction.

• 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 1974because of related criminal proceedings.

• Suckling-Evans v Hackett (Unreported, Court of Appeal, 10 February 2006).  Application for leave to appeal; legal professional privilege; waiver of privilege.

• Johnson v Morrison [2009] VSC 72.  Injunction; adverse possession; adequacy of damages; injunction against the Registrar of Titles.

• La Doria SpA v Global Resourcing Pty Ltd [2009] VSC 89.  Application to transfer proceedings to the Supreme Court of New South Wales.

• Melbourne Coach Terminal Pty Ltd v Talbot. Supreme Court trial (13 days) relating to validity of a mortgage over property and the loan of money (with R Berglund QC).

• Tasic v Barro Group Pty Ltd [2003] FMCA 61: application for annulment of a sequestration order.

• ANZ v Valenzise.  Supreme Court proceedings arising from default upon a mortgage; questions of Garcia wives' special equity, Amadio special disadvantage at the time of execution of guarantees; consideration for loan contracts; whether loans were for personal or business purposes.

• Cardoso v McNamara.  Supreme Court proceedings and Magistrates' Court trial (5 days) relating to an easement; appropriateness of jurisdiction, existence of easement; interference with use of easement by dominant tenement. 

 

Victorian Bar Committee memberships

• Pro Bono Committee

 

Admitted to the Legal Profession: 

04 Nov 1998

 

Signed Victorian Bar Roll:

22 Nov 2001

 

Qualifications:

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

 

Liability limited by a scheme approved under Professional Standards Legislation.