Prior to coming to the Bar, David Kim worked in the Litigation and Dispute Resolution team at DLA Phillips Fox (now DLA Piper Australia).
David has a broad commercial litigation practice with extensive experience in both State and Federal jurisdictions. He has acted in matters in all Victorian courts, the Supreme Courts of New South Wales and Queensland, and the Federal Circuit and Federal Court of Australia.
David has acted for local and international banks and financial institutions, liquidators and trustees, the State of Victoria, statutory bodies such as VicRoads, public hospitals, property developers, publicly listed companies in the health and agricultural sectors, supermarkets, public superannuation funds, insurers and high net worth individuals.
David has a Master of Laws from the University of Melbourne. As part of his Masters, he completed his thesis – “A critical analysis of anti-suit injunctions in transnational commercial litigation.” David has previously lecturered in Business, Corporate and International Law at a Victorian tertiary institution. He is currently lecturing at the Melbourne Law School.
David is a Nationally Accredited Mediator and a panel mediator under the Magistrates' Court of Victoria's mediation program. He is also a Fellow of the Chartered Institute of Arbitrators, and a member of the ADR Committee of the Victorian Bar.
David read with Robert Heath KC.
Examples of some of the matters that David has been involved in:
Litigation
- Acting on behalf of multinational parties in the on-line food delivery industry regarding claims of inducement of breach of contract and breach of confidence, as well issues of jurisdiction and conflict of laws.
- Acting on behalf of a multinational diary company regarding an unlawful termination of supply agreement.
- Appearing on behalf of parties regarding an application for stay of a Supreme Court of Victoria proceedings in favour of related proceedings in England.
- Advising and appearing on behalf of landlords and tenants in various commercial lease disputes, including on behalf of owners of large commercial and agricultural properties in rural Victoria.
- Advising on various issues of Property Law, such as in respect of adverse possession, easements, and caveats.
- Appearing on behalf of owners of hotel businesses regarding claims of breach of contract, including failure to disclose.
- Appearing on behalf of an infrastructure company regarding a water pipeline project in rural Victoria.
- Appearing on behalf of parties in various windup applications and applications to set aside creditors’ statutory demands.
- Advising and appearing on behalf of lenders, borrowers, and guarantors in respect of various forms of securities, including guarantees, charges, and mortgages, and in respect of possession of land and appointment of external administrators.
- Appearing on behalf of parties in various contempt of court proceedings in the County and Supreme Court of Victoria.
In ADR
- Advising a national sports organisation regarding an arbitration appeal by an athlete to the National Sports Tribunal for missing out on Olympic selection.
- Appearing on behalf of a professional Australian athlete in an arbitration regarding a dispute with a player-management company.
- Appearing on behalf of a telecommunications retailer against a multinational telecommunications company in an arbitration in respect of alleged breaches of an exclusive dealership agreement.
- Acting as mediator since 2017 in various commercial disputes, including being a panel mediator for proceedings issued in the Magistrates’ Court of Victoria.
- Acting as member conciliator in various compulsory conferences concerning the Australian Consumer Law, owners corporation disputes, contractual disputes, and trade and supply disputes (including building and plumbing works), among others.
