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Daniel Kinsey

QUALIFICATIONS  BA, LLB (Hons) (Melb), GDLP, LLM (Class I) (Cantab)
ADMITTED  2011    BAR  2016
CHAMBERS  ODE 1216

PHONE  9225 6346
MOBILE  0432 331 235
EMAIL  kinsey@vicbar.com.au

LOTE   Polish  

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

AREAS OF PRACTICE

  • Law
  • Magistrates Court
  • Class Actions
  • Commercial Law
  • Common Law
  • Criminal Law
  • Defamation
  • Equity / Equitable Relief / Trusts
  • Guardianship
  • Media
  • Personal Injuries
  • Probate / Wills / Part IV
  • Probate / Wills / Part IV
  • Product Liability
  • Professional Negligence

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Experience

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

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 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's recent experience includes:

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.

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).

Common law:

  • intentional tort matters (especially 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.

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
  • 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 with First Class Honours from the University of Cambridge (where he was the Davis McCaughey Scholar).

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.