Damien McAloon Portrait

Damien McAloon

Bar roll 2013 Admitted 1998
  • Commercial Law
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Damien McAloon practises in a range of commercial matters

Damien appears in Doyle’s Guide's listing of the leading Commercial Litigation & Dispute Resolution Junior Counsel in Australia.

In addition to his general commercial practice, Damien has extensive experience in insolvency matters. He has acted for secured and unsecured creditors, company directors and insolvency practitioners. Damien appears in Doyle’s Guide's listings of the “Leading Insolvency & Reconstruction Barristers” in both Victoria and Australia.

Prior to coming to the Bar, Damien was a solicitor and conducted a broad range of litigation matters in the Federal Court, all Victorian Courts and other state Supreme Courts.

Liability limited by a scheme approved under the Professional Standards Legislation


Chambers & Clerk

Aickin Chambers
Level 19 Room 9

200 Queen Street 
Melbourne VIC 3000 

View map

Jane King

03 9225 8558


Commercial Law
  • Appellate
  • Banking & Finance
  • Bankruptcy
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Equity & Trusts
  • Insurance
  • Real Property
  • Sports Law



Bachelor of Laws (Hons)(Melb)

Bachelor of Arts (Melb)



Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Recent Cases

Corporations (including corporate insolvency and oppression claims)

Longley, in the matter of Dixon Advisory & Superannuation Services Pty Ltd (Administrators Appointed (No 2)[2022] FCA 950 (Corporate insolvency: extension of convening period)

Re Intellicoms Pty Ltd (in liq)[2022] VSC 228;Re Intellicoms Pty Ltd (in liq) (No 2)[2022] VSC 310 (Corporate insolvency: creditor-defeating disposition, relief) [led by H Austin KC]

Hylepin Pty Ltd v Doshay Pty Ltd[2021] FCAFC 201; (Corporations: oppression; alleged breach of duties) [led by C Caleo QC]; (2020) 148 ACSR 30; [2020] FCA 1370 [led by M Osborne QC]

Kucianski (liquidator), in the matter of Johnson Roofing Pty Ltd (in liquidation) [2021] FCA 1370 (Corporations: empowering liquidator of bare trustee to deal with trust property)

McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed) (2020) 145 ACSR 243; [2020] FCA 666; McCallum, in the Matter of Re Holdco Pty Ltd (Administrators Appointed) (No 2) (2021) 391 ALR 418; 159 IPR 226; [2021] FCA 377 (Corporate insolvency: disposal of property of companies in administration)

Deppeler, in the matter of Asten Holdings Pty Ltd (in liq)[2020] FCA 1107 (Corporate insolvency: dealing with trust assets)

Re N.W.E.L. Pty Ltd (in liq)[2018] VSC 634 (Corporate insolvency: unfair preference claim)

In the matter of Dalstonville Pty Ltd (in Liq) and Don Leunig Pty Ltd (in Liq) (2018) 133 ACSR 473; [2018] VSC 774 (Corporate insolvency: application to set aside summonses for public examinations)

Re Matthew Forbes Pty Ltd (in liq)[2018] VSC 331 (Corporations: application by liquidators appointed to bare trustee of trading trust)

In the Matter of Innovateq Pty Ltd[2018] VSC 124 (Corporations: application for leave to bring derivative proceeding; winding up application) [led by J Peters QC]

Re Cyberduck Software Pty Ltd (In Liq) & Anor (2018) 125 ACSR 79; [2018] VSC 122 (Corporate insolvency: uncommercial transaction claim; discretion under s 588FF of the Corporations Act).

Lopez & Verge v Pawksi [2017] WASC 338 (Corporations: liquidators’ application for directions; “indoor management rule”)

Re Pt Cook Community Entertainment Facility Pty Ltd[2017] VSC 727 (Corporations: appeal against reinstatement) [led by P Bick QC]

FF (R & D) Pty Ltd v ASIC[2017] VSC 482 (Corporations: reinstatement; application for nunc pro tunc leave to proceed against company in liquidation).

Woods v Harrison, in the matter of Telco Service Holdings Pty Ltd (in liquidation)[2017] FCA 732 (Corporations: application for winding up and appointment of liquidator in place of interim receiver)

Strategic Management Australia AFL Pty Ltd & Anor v Precision Sports & Entertainment Group Pty Ltd & Ors (2016) 114 ACSR 1; [2016] VSC 303 & [2017] VSC 35 (Corporations: oppression (including relief and determination of fair value); duties of directors and officers) [led by M Osborne QC]

Onebev Pty Ltd v Encore Beverages Pty Ltd (2016) 50 VR 106; (2016) 309 FLR 289; [2016] VSC 284 (Corporations: application to set aside statutory demand)

Re Tomker Pty Ltd (in liquidation) (2016) 315 FLR 164; 104 ATR 27; [2016] VSC 656 (Insolvent trading; leave for director to object to tax assessment)

Security enforcement (including PPSA, real property mortgage and guarantees)

Hazelwood v Mercurio[2021] VSC 362 (Real Property: removal of caveat)

Jayfield Pty Ltd v Cussen[2020] VSC 380 (Personal Property: disposal of uncollected goods; equitable lien; application of PPSA)

Hall v Hall[2018] VSC 131 (Mortgage: application of s 5(7) of Limitation of Actions Act 1958 (Vic)) [led by L Glick QC]

Re Amerind Pty Ltd (receivers and managers apptd) (in liq) (2017) 320 FLR 118; (2017) 121 ACSR 206; [2017] VSC 127 (Securities: retention of title clause, operation of PPSA and section 588FL of the Corporations Act)

Central Cleaning Supplies (Aust) Pty Ltd v Elkerton (2015) 321 ALR 181; (2015) 296 FLR 25; [2015] VSCA 92; (Contract: retention of title clause; Securities: operation of PPSA) [led by P Crutchfield QC]

Helms Plumbing v Coulson & Anor [2015] VCC 1566 (Mortgage)

Contract, consumer law and equitable remedies

Re Wonderful Capital Biotechnology Group Pty Ltd[2022] VSC 652 (Application to set aside statutory demand)

Swiss Re International Se v LCA Marrickville Pty Ltd (Second Covid-19 insurance test cases) [2021] FCA 1206 (Contract: insurance) [led by J Slattery QC]

Li v So [2021] VSCA 32 [led by C Caleo QC]; (2019) 349 FLR 352; [2019] VSC 515 [led by M Osborne QC] (Equitable remedies: fiduciary relationship; loss of opportunity)

Definity Clinic v AMD Rifat [2021] VSC 325 (Contract: construction of contract for sale of real property)

Wong v Smyth[2020] VCC 75 (Contract: existence of alleged agreement)

Primary Flooring Pty Ltd v Australian Comfort Group Pty Ltd [2019] VSC 104 (Contract: implied terms; good faith in contract) [led by P A Neskovcin QC]

CA & CA Ballan Pty Ltd v Oliver Hume (Australia) Pty Ltd (2017) 55 VR 62; [2017] VSCA 11 (Equitable remedies: rectification of written sales agreements) [led by L Glick QC]

Oliver Hume (Vic) Pty Ltd v Santa Monica (Aust) Pty Ltd [2017] VCC 1138 (Contract: agreement for sharing of estate agent’s commission)

Geemaz Management Pty Ltd v Geelong Motors Pty Ltd[2013] VSC 571 (Contract: whether enforceable bargain) [led by M Robins QC]

Practice & Procedure

Business Service Brokers Pty Ltd v Optus Mobile Pty Ltd (No 3)[2022] VSC 283 (Application to amend and strike out pleadings) [led by D Collins KC]

Fleiszig v Trumble[2021] VSC 659 (Application for consolidation of proceedings) [led by D Collins QC]

Tonks, in the matter of Ambient Rail Pty Ltd (in liq) v Fishwick[2020] FCA 1755 (Security for costs)

Flightdeck Geelong Pty Ltd v All Options Pty Ltd (2020) 280 FCR 479; 147 ACSR 227; [2020] FCAFC 138 (Representation of company in proceedings; procedural fairness for self-represented litigant) [led by T Boston QC]

Andrews & Anor v Zuccubarr Pty Ltd & Ors [2020] VSC 675 (Security for costs)

Regent 125 Pty Ltd v Brdar[2019] VSC 177 (Subpoena objection; legal professional privilege)

Ma v Hickory Building Systems Pty Ltd & Ors [2018] VSC 813 (Application for preliminary discovery)[led by C Caleo QC]

PCCEF Pty Ltd v Geelong Football Club Ltd [2018] VSC 258 (Application to re-open case; application for special costs order) [led by P Bick QC]

Raskin v Mediterranean Olives Estate Limited & Ors [2017] VSC 94 (Alternative dispute resolution: expert determination clause; application for stay of proceedings)

Strategic Management Australia AFL Pty Ltd & Anor v Precision Sports & Entertainment Group Pty Ltd & Ors[2015] VSC 717 (Open justice principle; privacy and confidentiality of evidence) [led by M Osborne QC]


Victorian Bar - Commercial Bar Association

Insolvency & Reconstruction Law Committee of the Law Council of Australia