WILLIAMS, Daryl QC
Daryl Williams QC has an extensive practice in advising, and courts and tribunals throughout Australia, in relation to:
- Commercial Disputes;
- Corporate Governance, including shareholders’ and creditors’ remedies, and directors’ duties;
- Corporate Insolvency and Reconstruction, including acting for and against liquidators, administrators, and receivers;
- Misleading or Deceptive Conduct in financial and commercial transactions;
- Professional Negligence, especially in relation to legal practitioners, auditors and valuers; and
Daryl is also an accredited mediator under the National Mediator Accreditation System, and has an active mediation practice focusing on the resolution
of substantial commercial disputes.
Recent significant cases in which Daryl has appeared as leading counsel include:
- Representing the successful appellant in Clodumar v Nauru Lands Committee (2012) 245 CLR 561 (High Court of Australia, on appeal from
the Supreme Court of Nauru). The appeal concerned the emergence of new evidence, many years after trial:
- Representing the successful respondent in oOH! Media Roadside v Power Panels  VSCA 116, an appeal concerning the rejection of the
appellant’s claim that a licence agreement for a prominent billboard in King Street, Melbourne had been frustrated by subsequent building development
impeding the viewability of the billboard:
- Representing two Insolvency Practitioners, the validity of whose appointment by a major bank as Agents of the Mortgagee in Possession to sell various
commercial properties, was challenged in the Supreme Court of Victoria: Primebrokers Ltd (In Liquidation)(Receivers and Managers Appointed) v ANZ & Ors (settled November 2011 after 3 weeks of trial before Davies J)
- Representing a minority shareholder in obtaining leave under s. 237 of the Corporations Law to bring a ‘statutory derivative action’, where proceedings
had been issued as a matter of urgency, and leave was then sought nunc pro tunc, due to the potential expiry of a limitation
period: Re Brighter Directions Pty Ltd  VSC 287 (Supreme Court of Victoria, Davies J)
- Representing the successful appellant in JGM Nominees v Tulip Investments  VSCA 125, which concerned limits on the extent of a liquidator’s
right to payment of costs and expenses out of trust assets held by an insolvent corporate trustee:
- Representing a former director of a trustee company, Australian Property Custodians Holdings Limited, in proceedings brought by the company’s Receivers
in the Commercial Court of the Supreme Court of Victoria, and proceedings brought by ASIC in the Federal Court of Australia, alleging breach
of directors’ duties concerning that company’s management of a substantial Managed Investment Scheme: ASIC v Australian Property Custodian Holdings Limited & Ors  FCA 1342:
- Representing a director of a one of the world’s largest shipping companies in proceedings brought by the company and one of its subsidiaries alleging
breaches of the director’s duties: CC Containers Pty Ltd v Lee & Ors  VSC 151:
Daryl came to the Bar in 1991 after spending three years (including Articles) working in commercial litigation at Blake Dawson Waldron (now Ashurst
Lawyers) in Melbourne. He took silk in 2010.
Outside the Bar, Daryl is a Board Director of the Peter MacCallum Cancer Centre, and was Chairman of its Human Research Ethics Committee from 2011
to 2014. He is also Chairman of the Professional Standards Committee of the Anglican Diocese of Melbourne, and Chairman of the Disciplinary Tribunal
of the Australian Ice Hockey League.
From 1st July 2008, 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