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David appears predominantly in property and commercial disputes. He also appears in wills and probate matters. He has appeared in trial, interlocutory and appellate proceedings in the Victorian Supreme Court, Court of Appeal, Federal Court and New South Wales Supreme Court.

He has appeared and advised in matters involving breach of contract, sale of goods, sale of livestock, sale of business involving breach of contract, misleading and deceptive conduct, unconscionable conduct, mistake, duress, fraud, estoppel, and negligence including professional negligence.

He also advises and appears in relation to breach of director duties, shareholder disputes and winding up of corporations.

He has been involved in many matters involving constructive or resulting trusts. He has appeared in farm and farm related matters. He has experience in joint venture disputes particularly in the area of property development.

He has appeared in a number of Commercial Arbitration’s, is a member of the Commercial Bar Association and also speak Japanese.

Recent Cases David has been involved in include:

Marr Ltd v. Marr August 2019 Supreme Court trial before Sifris J. that settled after day 7. Case involved breach of director duties, constructive and resulting trusts over land, alleged misuse of company funds, directors loans, alleged unlawful transfer of shares, alleged overpayment of wages,  and allegations of fraudulent documents.

Leared v. Lordan [2019] VCC 364 joint venture dispute involving a development of a property,  rectification of loan agreements and assessment of damages

Grace Christian Chapel v. Canaan Holdings Pty Ltd [2019] VSC 5 Claim for additional security for costs against a foreign corporation

Kids Vision Day Care v. Secretary, Department of Education and Training [2018] AATA 4121 Administrative Law review of Child Care Service

LCY v Ma [2017] VSCA 383 a breach of contract dispute relying upon estoppel by convention (with JL Bourke QC)

Broughton v B&B Investments Pty Ltd [2017] VSCA 227 a termination of contract case involving interpretation of contract.

De Oliveira v Udayaratna [2016] VSC 123 a contract dispute involving both written and oral terms.

Hays International College Pty Ltd and Cheng v Quikfund (Australia) Pty Ltd [2014] NSWSC 869 a contract dispute involving misleading and deceptive conduct and agency.

He also appears in the family court primarily in property disputes.

He speaks Japanese.

David is also a member of the Commercial Bar Association

Scott Davison is available to accept briefs in Defamation, Disciplinary and Regulatory matters. In addition, Scott accepts briefs in the area of Medical Law and professional liability.

Scott comes to the Bar with broad experience gained as a solicitor advocate. Since coming to the Bar, Scott has gained advocacy experience in a range of commercial and civil disputes as well as criminal proceedings.

Scott graduated from Monash University with Honours and is the 2009 recipient of the Supreme Court Exhibition Prize.  Scott is a candidate for a Master of Laws at the University of Melbourne. He has completed subjects including “Medical Litigation”, “Advanced Evidence”, “Regulation of Health Practitioners”, “Medical Ethics” and “Defamation”. In 2019, Scott commenced tutoring in Evidence Law at Monash University.

Before coming to the Law, Scott served with the Australian Regular Army for more than 21 years reaching the rank of Major in the Royal Australian Armoured Corps. He recently transferred to the Royal Australian Navy (Reserve) as a Legal Officer.

Scott is a current member of the Australian Academy of Forensic Sciences. Scott is also a member of the Common Law, Military, Industrial, Commercial and Criminal Bar associations.

Scott read (VI) with David Purcell SC. His Senior Mentor is Professor Ian Freckelton QC.

Scott has recently been published in the Journal of Law and Medicine: ‘Therapeutic privilege is no defence’, (2019) 23(3) Journal of Law and Medicine 595. Furthermore, Scott has recently been published again in the Journal of Law and Medicine: ‘The Doctrine of Double Effect and Potential Criminal Liability of Medical Practitioners in Australia’, (2021) 28(2) Journal of Law and Medicine 503

Since coming to the Bar in 2011, Nick has worked almost exclusively in Personal Injuries including Workcover, TAC and Public Liability claims in the Magistrates, County and Supreme Courts and at VCAT. He also has experience in  Coronial Inquests.

Prior to coming to the Bar, Nick worked at Galbally & O’Bryan from 2002 to 2011. He worked in Commercial Litigation and then in Personal Injuries. He was made a Senior Associate in 2005.

Prior to joining Galbally & O’Bryan, Nick worked as a refugee lawyer for the Jesuit Refugee Service in Cambodia in 2000.

 

Since coming to the Bar, Craig has practised widely in all jurisdictions. His current practice is primarily common law, but includes all facets of commercial law, construction and general commercial disputes, as well as banking and finance matters.