BARRISTER
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, property disputes, insolvency litigation, and class actions. 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.
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 (including against lawyers, conveyancers, and a search engine optimisation consultant), 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. He is available to assist in any commercial dispute.
Corporations and Insolvency
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 (aka representative proceedings) against banks and other ASX-listed companies, government bodies, and large private companies, including shareholder class actions, a class action against Westpac arising out of a Ponzi scheme run by Anthony Famularo, the "Palm Island Class Action" against the State of Queensland, a class action against the Royal Australian Navy on behalf of enlisted personnel, and a class action against retirement village operator Aveo.
Daniel is available to advise on all aspects of a class action brief, from the investigation phase through to trial or settlement approval. He is regularly briefed by experienced class action firms, and has also assisted firms with no previous class actions experience to develop a practice in the area.
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, including the Australian Consumer Law, the National Credit Code, and the Australian Securities and Investments Commission Act 2001. He has experience in claims alleging misleading or deceptive conduct, unconscionable conduct, unfair contract terms, breaches of the Franchise Code, and breaches of retirement villages legislation.
Human Rights and Charities
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.
Daniel also has experience acting for a variety of community groups, not-for-profit associations, and charitable organisations in relation to disputes concerning their membership, meetings, and governing documents.
Property, Construction, and Infrastructure
Daniel has experience acting in a range of matters regarding real property, including acting for and against both contractors and developers in cases concerning caveats, mortgage disputes, vendor/purchaser disputes, lease disputes, strata disputes, priority disputes, judicial sales, co-ownership, conveyancing, and more.
Daniel also has experience in matters concerning building and construction, including claims regarding alleged defects, home building disputes, construction finance disputes, building and construction security of payment ("SOPA") disputes, and large infrastructure 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 both for and against insurers or insured parties, including in professional negligence claims against solicitors and conveyancers, matters relating to directors and officers ("D&O") liability insurance, motor vehicle accident claims, and construction and infrastructure disputes.
Daniel also has experience assisting in regulatory complaints regarding insurers, including to the Australian Financial Complaints Authority ("AFCA") and its predecessor, the Financial Ombudsman Service ("FOS").
Professional Discipline
Daniel has experience defending in professional disciplinary applications alleging unsatisfactory professional conduct or professional misconduct. This includes acting in relation to complaints to the Legal Services Commissioner or the relevant Law Society or Bar Association, appearing in proceedings in the Tribunal, and appealing the Tribunal's decision to the Court.
Services
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.
Advisory Work
Daniel can give advice on any question of law or dispute resolution strategy. 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.
