+61 2 8227 4400

University Chambers
Level 19, 65 Martin Place
Sydney NSW 2000

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DANIEL M-KATZ

Barrister at University Chambers

 

About Daniel

Daniel is a barrister at University Chambers in Sydney. He specialises in corporate and commercial disputes, class actions (aka representative proceedings), and human rights litigation. He regularly acts for high worth individuals, small to medium size businesses, large corporates, and large groups of aggrieved people.

Before being called to the bar, Daniel was a senior associate at a specialist litigation firm in Sydney. He was a finalist in the dispute resolution category of the Lawyers Weekly 30 Under 30 awards in 2015 and 2016, and in the pro bono category in 2017.

Daniel has a bachelor's degree in financial mathematics and statistics, and before becoming a lawyer he worked for a number of years in media and public policy. He has the unique combination of a mathematician's accuracy, logic, and attention to detail, coupled with a journalist's ability to uncover the truth, and to make a case that is compelling and easy to follow.

Daniel will accept briefs as counsel in all areas of law.

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Areas of Practice

 

Commercial Disputes

Daniel has experience acting for both plaintiffs and defendants in a broad range of commercial disputes, including contract claims, debt claims, banking and finance claims, franchise disputes, insurance disputes, property disputes (including claims for possession), professional negligence claims against lawyers and against a search engine operator, and more.


He has acted for large, medium, and small businesses of all types, including property developers, franchisees, manufacturers, importers/distributers, record labels, restaurants, software startups, car dealerships, and art dealers.

Corporations and Insolvency Disputes

Daniel has acted in numerous corporations and insolvency disputes, including for directors, shareholders, creditors, and insolvency practitioners.


He has experience in a range of disputes under the Corporations Act 2001, the Australian Securities and Investments Commission Act 2001 ("ASIC Act"), and the Bankruptcy Act 1966, including shareholder oppression, breach of director duties, priority payments, selling assets at below value, voluntary administration, receivership, liquidation, financial planning and advice, registered and unregistered managed investment schemes, financial services licenses, and funds management.

Class Actions

Daniel has acted in multiple large and complex class actions against banks and other ASX-listed companies, government bodies, and large private companies, including the "Palm Island Class Action" against the State of Queensland, a class action against the Royal Australian Navy on behalf of enlisted personnel, a class action against Westpac Banking Corporation arising out of the collapse of Storm Financial, a class action against retirement village operator Aveo, and a class action against 7-Eleven and the ANZ Bank brought by 7-Eleven franchisees.

He is available to advise on all aspects of a class action brief, from the investigation phase through to settlement approval

Equity, Trusts, and Estates

Daniel has acted in a number of equity and trusts disputes. He has acted for trustees and beneficiaries in claims involving breaches of trust and the distribution of trust property, and he has brought a number of claims for breaches of fiduciary duty.

He has also acted in a broad variety of claims for equitable relief, including injunctions, estoppel, specific performance, tracing, equitable charges, restitution, declarations, and accounts of profits. 

His experience includes acting in matters concerning corporate trustees and managed funds, as well as in contested deceased estate, probate, and family provision matters.

Consumer Law

Daniel has acted in a broad variety of claims under consumer protection legislation and consumer credit legislation. He has experience in claims for misleading and deceptive conduct, unconscionable conduct, breaches of the Franchise Code, and breaches of retirement villages legislation.

He regularly acts for consumers and small businesses in disputes against large companies for corporate misconduct.

Human Rights

Daniel has extensive experience in human rights litigation. He has acted for disadvantaged individuals and not-for profits, and he has acted on anti-discrimination claims, cases involving freedom of speech and of assembly, and cases involving abusive conduct by police and other government excesses.

Property, Construction and Development

Daniel has experience acting in a range of matters regarding real property, building, and construction, including acting for and against both contractors and developers in applications for withdrawals of caveat, construction finance disputes, building and construction security of payment disputes, vendor/purchaser disputes, lease disputes, and strata disputes.

Administrative Law

Daniel has acted in a variety of administrative law disputes against government bodies.


He has experience in judicial review applications and in claims for negligence and misfeasance in public office.

Insurance Litigation

Daniel has acted in a variety of claims against insurers or insured parties, including in professional negligence claims against solicitors and conveyancers, matters relating to directors and officers ("D&O") liability insurance, and motor vehicle accident claims.

Professional Discipline

Daniel has experience defending solicitors in professional disciplinary applications alleging unsatisfactory professional conduct or professional misconduct.

Services

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Drafting Court Documents

Daniel has experience drafting all manner of court documents, including complex pleadings (statements of claim, defences, replies and cross-claims); all kinds of writs, originating applications, summonses, notices of motion, interlocutory applications, and similar documents; affidavits, witness statements, outlines of evidence, and submissions. He is also available to settle expert evidence and to advise on what evidence to tender in support of a case.

Hearings

Daniel is available to act in any kind of hearing, from a mention or directions hearing/case management conference through to a contested trial. He has experience appearing unled on interlocutory applications/motions in superior courts and on final hearings in lower courts. As a solicitor, he instructed on a number of large trials and significant appeals.

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Advisory Work

Daniel can give advice on any matter. He is experienced in advising on matters such as: commencing causes of action, including which claims to run and where to file; potential defences and cross claims that are available; what evidence is needed in support of a claim or defence; and the best strategy to litigate or to negotiate an outcome to a dispute.

Courts and Tribunals

Daniel is available to appear in all courts and tribunals. He has experience in the High Court of Australia, the NSW Court of Appeal, the Local, District, and Supreme Courts of NSW, the Supreme Courts of Victoria and Queensland, the County Court of Victoria, the NSW Civil and Administrative Tribunal (NCAT), the Victorian Civil and Administrative Tribunal (VCAT), the Financial Ombudsman Service (FOS), IP Australia, the Australian Human Rights Commission, and the National Court of Justice of Papua New Guinea. He is also available to appear in arbitrations, expert determinations, adjudications, mediations (including court-annexed mediations), settlement conferences, and other forms of alternative dispute resolution.

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Contact me

 

Pleadings pro tip: if you don't plead to it then you admit it

June 6, 2019

I am constantly seeing paragraphs in defences saying something to the effect of: "The defendant does not plead to paragraph [X] of the statement of cl...

I am vigorously opposed to vigorous defence

May 20, 2019

You can't just defend a claim these days, you have to "vigorously" defend it.

This post was triggered by an email from Lawyers Weekly with the "breakin...

Lee J endorses "self-funded" class actions in security for costs judgment

April 11, 2019

In Abbott v Zoetis Australia Pty Ltd (No 2) 2019 FCA 462, a decision handed down last week by Lee J regarding an application for security for costs in...

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