Daniel Lorbeer practises in commercial law, with particular expertise in insurance litigation, building and construction disputes, commercial class actions, corporate insolvency and partnership and shareholder disputes (including oppression cases). He works effectively both with and without a leader.
Daniel has been briefed by a range of solicitors, from sole practitioners to international law firms, and also directly by in-house corporate counsel. He has been briefed in large and complex disputes in the Commercial Court and in the Federal Court.
His appearance practice has included running trials, unled, in the Supreme and County Courts and appeals in the Court of Appeal, both led and unled. His paperwork practice includes drafting pleadings and all other court documents and correspondence.
He is happy to accept briefs at short notice, having appeared on numerous applications for urgent interlocutory injunctive relief, and can assist with the preparation of paperwork in that context.
Daniel is approachable, responsive and turns written work around efficiently.
Examples of recent work include:
- briefed for Spotless Group Holdings Ltd in a shareholder class action (guidance case) in the Federal Court (settled);
- briefed for Treasury Wine Estates Ltd in a shareholder class action (guidance case) in the Supreme Court of Victoria (ongoing);
- briefed for an applicant and subsequently both applicants in two shareholder class actions on various interlocutory disputes, including a carriage motion: McKay Super Solutions Pty Ltd v Bellamy's Australia Ltd [2017] FCA 947; McKay Super Solutions Pty Ltd v Bellamy's Australia Ltd [2019] FCA 215; 135 ACSR 278; and on the respondent's subsequent application for leave to appeal: [2019] FCAFC 147; 372 ALR 638;
- briefed by in-house counsel for Elders Rural Services Australia Pty Ltd (a subsidiary of listed company Elders Ltd), successfully defending a claim in professional negligence against a real estate agent on a sale of land;
- Aura Energy Ltd v ASEAN Deep Value Fund [2020] VSC 509 (opposing urgent application by publicly listed company to restrain members' meeting, application dismissed, costs ordered to be paid immediately [2020] VSC 732).
Prior to coming to the bar, Daniel practised as a solicitor for several years, including as a senior associate at Herbert Smith Freehills in commercial litigation.
Before practising, Daniel was the associate to the Honourable John Doyle AC, then Chief Justice of South Australia.
Daniel holds degrees in law and commerce from the University of Adelaide, a Master of Laws degree from the University of Melbourne and an Advanced Certificate in Insolvency from the Australian Restructuring, Insolvency and Turnaround Association (ARITA). During his undergraduate studies, Daniel won several subject prizes.
Daniel has completed postgraduate study in specialist subjects, including Construction Law and Liability Insurance Law.
Daniel is the Editor of the Commercial Bar Association's quarterly newsletter and the Editor of the South Australian State Reports.
His professional memberships include:
- The Australian Insurance Law Association;
- Society of Construction Law Australia;
- The Building Dispute Practitioners' Society;
- ARITA.
