BRIGGS, Daniel

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BRIGGS, Daniel


Daniel practices primarily in commercial litigation, including corporations and securities, insolvency, professional negligence, trade practices, equity and trusts.

Prior to coming to the Bar, Daniel worked as a commercial litigation lawyer at Arnold Bloch Leibler in Melbourne after graduating from Monash University with a Bachelor of Arts and a Bachelor of Laws (with Honours). Daniel is currently studying a Master of Laws at Melbourne University.

Cases in which he has been briefed include:

Commercial Law

  • De Lutis v De Lutis: currently briefed on behalf of the defendant (Colin De Lutis) in relation to oppression proceedings and claims in respect of a demerger agreement in respect of the $500 million De Group of companies (led by Allan Myers QC, with Justin Tomlinson).
  • Key Infrastructure Australia Pty Ltd v Bensons Property Group Pty Ltd: currently briefed on behalf of the plaintiff in relation to proceedings for breach of a development management agreement relating to the development of property in Port Melbourne (led by Allan Myers QC).
  • Leone v Turi Foods Pty Ltd & Anor: acted on behalf of the defendants in proceedings alleging, inter alia, breach of contract, estoppel, unjust enrichment and misleading and deceptive conduct in relation to the defendant’s employment by the plaintiff (led by Tim North QC).
  • Armstrong Strategic Management and Marketing Pty Ltd v Expense Reduction Analysts Group Pty Ltd: appeared on behalf of the plaintiffs (the Armstrong parties) in proceedings in respect of alleged false and misleading conduct, unconscionable conduct and breach of contract in respect of the establishment and management of a global insurance expense reduction business, including interlocutory applications in respect of security for costs and related applications (led by Will Alstergren QC).
  • Len Group Holdings Pty Ltd & Anor v The Cheesecake Shop Pty Ltd & Anor: acted for the plaintiff (franchisee) in respect of a dispute with The Cheesecake Shop Pty Ltd (the franchisor) in respect of the sale of business and allegations of breach of the franchise agreement (unled).
  • Statewide Secured Investments Pty Ltd v Hillington Valley Pty Ltd: appeared for a defendant in an application for summary judgment (unled).
  • Perricoota Boat Club Investments Pty Ltd v Watson: appeared on behalf of the plaintiff (Perricoota Boat Club Investments) in proceedings concerning a contractual dispute in respect of the sale and development of land (led by Will Alstergren QC).

Insolvency

  • Kirra Beachfront Investments Pty Ltd (in liq) v Omiros One Architecture Pty Ltd: Daniel acted for the defendant in unfair preference proceedings commenced by the liquidator of Kira Beachfront Investments Pty Ltd (unled).  

Trusts and equity

  • Ying Mui Pty Ltd v Frank Kiang Ngan Hoh & Ors: acted for the defendants in proceedings for breach of trust in respect of discretionary trusts owning substantial property assets in Victoria (led by Peter Bick QC, with Cam Truong).
  • Land & Anor v Prideland Equity Pty Ltd: acted for the defendants in proceedings for breach of trust in respect of a discretionary family trust (led by Jeremy Twigg QC, and later with Peter Lithgow).

Negligence

  • Almas Almonds Pty Ltd v Northwest Irrigation Systems Pty Ltd & Ors: acted on behalf of a defendant (and plaintiff by cross claim) in proceedings brought by Almas Almonds in relation to the alleged negligence supply and installation of a commercial irrigation system (led by Richard Attiwill QC).
  • Austech Wire & Cable Pty Ltd v Primaplas Pty Ltd: acted for the defendant in proceedings in relation to the alleged negligent or faulty supply by Primaplas to Austech of high-density polyethylene (led by Richard Attiwill QC and later Jeremy Twigg QC).
  • Lend Lease Infrastructure Services Pty Ltd v Whitehorse Trucks Pty Ltd & Anor: appeared on behalf of the plaintiff (Lend Lease) in proceedings concerning a claim in negligence for pure economic loss (led by Will Alstergren QC).
  • King v Douglas Partners Pty Ltd: briefed in proceedings regarding claims for loss (including pure economic loss) arising out of alleged misleading and deceptive conduct and negligence in respect of the provision of environmental reporting services by the defendant, and appeared for the defendant in an interlocutory application in respect of several subpoenas issued by the defendants (unled).

Property Law

  • Kersting v KB Litho Supplies Pty Ltd & Anor: acted for the defendant in relation to an application for removal of a caveat (unled).

 

From 24 Oct 2013, liability limited by a scheme approved under Professional Standards legislation.



 

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McPhee Mediation Centre

Excellent facilities in a bright and roomy environment. The McPhee Mediation Centre has been designed to create an environment conducive to obtaining successful mediation results. Its configuration allows you to bring parties together for mediation and then separate them from private consultation as required.

Phone: 9670 4003
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