DANIEL M-KATZ

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.

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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.

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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.

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

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.

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Some published decisions in this area in which Daniel has appeared include:

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• Daewoo Shipbuilding & Marine Engineering Co Ltd v INPEX Operations Australia Pty Ltd [2022] NSWSC 112

• GEMI 169 Pty Ltd & Anor v Suria Global (L) Pty Ltd & Ors [2022] NSWSC 857

• IWC Industries Pty Ltd v Sergienko [2021] NSWCA 292; 20 BPR 41,785

• Naumburger v Berger [2021] NSWSC 903

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.

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Some published decisions in this area in which Daniel has appeared include:

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• Lianos v Order of AHEPA NSW Inc [2020] NSWCA 193; [2020] NSWCA 304; [2021] NSWCA 292

• In the matter of Computer Room Solutions Pty Limited [2021] NSWSC 845; 154 ACSR 672

• Vaspip 2 Pty Ltd v Thorn Group Ltd [2020] VSC 700

• Dehsabzi v Afghan Community Support Association of NSW Inc [2020] NSWSC 899

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. He has also acted for the defendant in a class action against a major cruise operator.

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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.

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Published judgments in which Daniel has appeared include:

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• Searle v Commonwealth of Australia [2020] NSWSC 665; [2022] NSWSC 119

• Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCA 1234

• TW McConnell Pty Ltd as trustee for the McConnell Superannuation Fund v SurfStitch Group Ltd (subject to deed of company arrangement) (No 3) [2018] NSWSC 1749

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.

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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. 

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

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Published judgments in which Daniel has appeared in this area include:

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• Naumburger v Berger [2021] NSWSC 903

• IWC Industries Pty Ltd v Sergienko [2021] NSWCA 292; 20 BPR 41,785

• O'Dea v Westpac Banking Corporation [2019] NSWSC 1078

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.

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Published judgments in this area in which Daniel has appeared include:

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• Davaria Pty Limited v 7-Eleven Stores Pty Ltd [2020] FCA 1234

• Stav Investments Pty Ltd v Taylor [2022] NSWSC 208

• Meyerowitz-Katz v American Airlines Group Inc trading as American Airlines [2017] NSWLC 17
   

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.

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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.

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Prominent cases in this area in which Daniel has been briefed as counsel include:

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• Cummings v Commonwealth—the class action on behalf of the members of the Stolen Generation in the Northern Territory, which acheived a successful settlement.

• A claim against the State of Western Australia on behalf of the family of Ms Dhu, an Aboriginal woman who died in police custody.

• Various cases concerning community and not-for profit associations, including the Order of AHEPA NSW Inc (Greek community organisation), the Australian Federation of Islamic Councils Inc, and the Afghan Community Support Association of NSW Inc.

• The class action on behalf of First Nations residents of Palm Island against the State of Queensland in relation to police conduct after the death of Mulrunji Doomadgee in police custody and the subsequent burning down of the police station (Wotton v Queensland)—brief was in relation to administration of settlement.

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.

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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—in court or in commercial arbitrations (including international arbitrations).

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Published decisions in real property disputes in which Daniel has appeared include:

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• IWC Industries Pty Ltd v Sergienko [2021] NSWCA 292; 20 BPR 41,785

• Double Bay Bowling Club v Council of the Municipality of Woollahra [2020] NSWSC 1861

• Ageist Pty Limited v More Than Skin Deep Pty Limited [2020] NSWSC 698

• The Owners – Strata Plan No 63731 v B & G Trading Pty Ltd [2020] NSWCATAP 202

• The Owners – Strata Plan No 91157 v Yoolee Holdings Pty Ltd Limited [2020] NSWCATAP 6:

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Some prominent construction and infrastructure matters in which Daniel has appeared include:

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• Daewoo Shipbuilding & Marine Engineering Co Ltd v INPEX Operations Australia Pty Ltd [2022] NSWSC 112—concerning the construction of a large offshore hydrocarbon processing and storage facility.

• CPB Contractors Pty Ltd & Anor v Mott MacDonald Australia Pty Ltd & Ors (NSWSC No. 2019/00267188)—concerning the design and construction of the North West Rail Link/Sydney Metro train service.

• CPB Contractors Pty Ltd & Ors v N D Y Management Pty Ltd & Ors (NSWSC No. 2021/00259105)—concerning the design and construction of the M4 East tunnel.

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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.

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Prominent cases in this area in which Daniel has been involved include:

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• Searle v Commonwealth of Australia [2020] NSWSC 665; [2022] NSWSC 119

• Wotton v Queensland (see [2015] FCA 910; [2015] FCA 1075; 333 ALR 466).

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.

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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").

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Some cases in this area in which Daniel has been involved include:

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• CPB Contractors Pty Ltd & Anor v Mott MacDonald Australia Pty Ltd & Ors (NSWSC No. 2019/00267188)—concerning the design and construction of the North West Rail Link/Sydney Metro train service.

• CPB Contractors Pty Ltd & Ors v N D Y Management Pty Ltd & Ors (NSWSC No. 2021/00259105)—concerning the design and construction of the M4 East tunnel.

• Yalda v Mshref [2021] NSWSC 624; [2021] NSWSC 951

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.

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Notable cases in which Daniel has appeared include Council of the Law Society of New South Wales v Carr [2020] NSWCATOD 5 and the appeal in Carr v Council of the Law Society of New South Wales [2020] NSWCA 276.