Daniel Kinsey

QUALIFICATIONS  BA, LLB (Hons) (Melb), GDLP, LLM (Class I) (Cantab)
ADMITTED  2011    BAR  2016

CLERK CONTACT  03 9225 7999
PHONE  9225 6346
MOBILE  0432 331 235

LOTE   Polish  

Open CV

Daniel Kinsey, BA, LLB (Hons) (Melb), GDLP, LLM (Class I) (Cantab)


  • Magistrates Court
  • Class Actions
  • Commercial Law
  • Common Law
  • Coronial Inquests
  • Criminal Law
  • Defamation
  • Equity / Equitable Relief / Trusts
  • Guardianship
  • Media
  • Personal Injuries
  • Probate / Wills / Part IV
  • Product Liability
  • Professional Negligence
  • Torts (Other Than PI)




Daniel has a broad appearance and advice practice, with particular expertise in equity and commercial law, common law and insurance, and criminal matters.

Daniel frequently acts in wills, probate, and estate matters, and in commercial and property cases involving allegations of breaches of trust and/or fiduciary duties.

Daniel also has experience in common law matters, particularly cases involving intentional torts and institutional abuse and the application of the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic).

Daniel regularly appears in all Victorian courts and the Victorian Civil and Administrative Tribunal (VCAT), and in federal courts. Daniel regularly appears both at first instance and on appeal.

Daniel’s recent experience includes:

  • Common law:
    • intentional tort matters, especially assault and battery (including institutional abuse and the application of the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic)), and malicious prosecution and false imprisonment (eg Setka v Dalton [2020] VSC 521);
    • personal injury and negligence matters, including proceedings involving foreign jurisdictions (eg Vale v Daumeke & Ors (2017) 323 FLR 418; [2017] VSC 467);
    • product liability, occupier’s liability, motor vehicle, and general insurance matters; and
    • professional liability and discipline.
  • Equity, trusts, and family law:
    • proceedings involving wills, trusts, testator family maintenance (TFM) claims, and guardianship matters (eg Demediuk v Demediuk [2019] VSCA 79);
    • proceedings involving unit trusts (eg PharmX Pty Ltd (in its capacity as trustee of the PharmX Unit Trust) v Fred IT Group Pty Ltd (No 3) [2019] VSC 748); and
    • advising upon family law proceedings involving complex property issues (eg family companies and trusts).
  • Commercial law:
    • proceedings involving breach of contract, debt, consumer law, property, and breaches of trust (eg Bullhead Pty Ltd v Brickmakers Place Pty Ltd (in liq) & Ors [2018] VSCA 316);
    • interlocutory applications, including freezing orders, applications for release from the Harman obligation, and costs disputes (eg Bullhead Pty Ltd v Brickmakers Place Pty Ltd (in liq) & Ors [2018] VSCA 50);
    • Corporations Act matters, such as statutory demands and oppression; and
    • commercial arbitration.
  • Art law and cultural property / movable cultural heritage law:
    • advising upon the applicability of the Protection of Movable Cultural Heritage Act 1986 (Cth) (and the Regulations thereunder); and
    • drawing pleadings and advising with regard to a forgery claim.
  • Criminal law:
    • intervention orders, bail applications, and proceedings involving property and dishonesty offences, and driving offences.

Before coming to the Bar, Daniel was a solicitor at Allens, an Associate to the Hon Justice Robson of the Supreme Court of Victoria, and an Associate to the Reserve Judges (including the Hon Justices Ashley, Bongiorno AO, and Coghlan) of the Court of Appeal of the Supreme Court of Victoria.

Daniel holds a Bachelor of Arts and a Bachelor of Laws with First Class Honours from the University of Melbourne, and a Master of Law (Class I) from the University of Cambridge (where he was the Davis McCaughey Scholar).

Daniel has been an Honorary Fellow at Melbourne Law School (the University of Melbourne), where he has taught Equity and Trusts.

Daniel has published in a number of journals on a variety of subjects including negligence, product liability, and cultural property law (an area in which Daniel has particular interest and expertise). He is also a reporter for the Victorian Reports.

Please click here to see Daniel’s CV (which includes a complete list of publications and presentations).

Daniel read with Anthony Strahan (now QC) and Richard H Stanley, and his senior mentor is Chris Winneke QC.

From 6th May 2016, liability limited by a scheme approved under Professional Standards legislation.