List G Dm 4967

David Morgan

Bar roll 2009 Admitted 2003
  • Commercial Law Tort Law
  • Public Law
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David Morgan has a broad general commercial and public law practice

David specialises in banking and finance, regulatory, taxation, disciplinary and contractual disputes.  He has appeared in all Victorian courts, the Federal Court and the High Court. 

Before coming to the Bar he was a Senior Associate in the disputes practice at Mallesons and spent a year as Associate to Justice Sundberg at the Federal Court. David is a former editor of the Melbourne University Law Review. 

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Ninian Stephen Chambers
Level 38 Room 11

140 William Street

Melbourne VIC 3000

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Jane King

03 9225 8558

Expertise

Commercial Law
  • Bankruptcy
  • Banking & Finance
  • Consumer Law
  • Contractual Disputes
  • Corporate Insolvency
  • Corporations & Securities
  • Equity & Trusts
  • Private International Law
  • Real Property
  • Taxation
Tort Law
  • Professional Negligence
Public Law
  • Administrative Law
  • Judicial Review
  • Native Title
  • Taxation

Qualifications

Qualifications

Master of Laws

Bachelor of Arts (Hons)

Diploma of Modern Languages (French)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Federal Court of Australia

High Court of Australia

Languages

French

Recent Cases

Commercial Law

Bella Products Pty Ltd v Creative Designs International Ltd (2009) 258 ALR 538 (application for a stay pending determination of foreign proceedings)

Walker v Newmont Australia Ltd [2010] FCA 298 Walker v Newmont Australia Ltd (No 2) [2010] FCA 414 (Corporations Act - allegation of breach of substantial shareholding provisions)

Hutchison v Hutchison (dispute concerning the ownership of shares in a family business)

Panopus Plc; in the matter of Opes Prime Stockbroking Limited[2012] FCA 158 (acting for the liquidators/administrators of Opes Prime in conducting public examinations and a disputed claim on the schemes of arrangement)

AGL HP1 Pty Ltd v Alanvale Pty Ltd [2012] VSC 192 (acting for landowners in dispute with operator of wind farm)

Dalkeith Resources Pty Ltd v Regis Resources Limited [2012] VSC 288 (consequences of termination of Managing Director)

Network Personnel Pty Ltd v Marchetti (insolvent trading claim)

Digital Cinema Network Pty Ltd v Omnilab Media Pty Ltd (Federal Court – breach of fiduciary and statutory duties in the provision of digital cinema)

Ubertini v Saeco International Group SpA [2014] VSC 294 (oppressive conduct – joinder of minority shareholders as plaintiffs)

Zwanenberg Australia Pty Ltd v Moira Mac’s Poultry and Fine Foods Pty Ltd [2014] FCA 1072 (construction of manufacturing contract)

Western Australia v Graham (Full Federal Court) (native title – validity of mining leases)

Taxation

National Australia Bank Ltd v Commissioner of Taxation [2011] FCA 44 (deductibility of ExCaps hybrid security - Part IVA)

ARIA v Commissioner of Taxation (capital/revenue dispute on the sale of buildings by superannuation fund)

Conder Tower Pty Ltd v Commissioner of State Revenue [2012] VSC 107 (stamp duty - meaning of consideration)

Elliott v Commissioner of Taxation [2012] AATA 428 (time for amending assessment)

Olivedale Park Pty Ltd v Commissioner of State Revenue [2012] VCAT 1874 (stamp duty – meaning of stock in trade)

Sent v Commissioner of Taxation (ultimate beneficiary non-disclosure tax)

Gravina v Commissioner of State Revenue [2013] VCAT 347 (first home owner grant)

Agriwealth Capital Ltd v Commissioner of State Revenue [2013] VCAT 1129 (stamp duty – trees as fixtures)

Ventura Motors Pty Ltd v Commissioner of State Revenue [2013] VCAT 1001 (land tax)

Genr8 Digital Media Pty Ltd v Commissioner of State Revenue [2013] VCAT 1126 (payroll tax)

Nanos v Commissioner of State Revenue [2015] VCAT 328 (stamp duty – aggregation)

Commissioner of State Revenue v Lend Lease Development Pty Ltd(2014) 254 CLR 142 (stamp duty – meaning of consideration)

Administrative Law

Nationwide News Pty Ltd v Integrity Commissioner [2010] FCA 385 (application to restrain publication of a report to State Parliament)

Acting in various solicitors disciplinary matters.

Memberships

Victorian Bar - Commercial Bar Association