Daniel P Lorbeer


Barrister

Secretary:
Mobile:
Admitted:
5 Dec 2008
Bar:
30 Apr 2015
Location:
Room 0907, Owen Dixon Chambers West,
525 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Daniel Lorbeer practises in commercial law.

He accepts briefs both to appear and to do written work in disputes between businesses, insurance litigation, professional negligence, directors' and officers' duties, banking and financial services (Chapter 7) matters, personal and corporate insolvency, shareholder and partnership disputes and commercial class actions. 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, County and Magistrates' Courts. 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 in the Federal Court involving allegations of misleading or deceptive conduct and breach of continuous disclosure obligations concerning, amongst other things, profit guidance (settled);
  • briefed for applicants in two shareholder class actions successfully resisting an application by the respondent for 'cost capping orders': 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; 
  • NL Investment Group Pty Ltd v Parc Vue Project Botanic Pty Ltd (Trustee) [2020] FCA 711 (opposing application to amend Statement of Claim, application dismissed);
  • Bradford v Devlot 17 Pty Ltd [2020] VSC 246 (briefed for the plaintiffs, resisting the inspection by the defendant of documents produced under subpoena on the grounds of privilege, opposed to P Murdoch QC and P Wallis). 

Prior to coming to the bar, Daniel practised as a solicitor and senior associate at Herbert Smith Freehills in commercial litigation. Before that, he worked as a solicitor at Iles Selley Lawyers, a specialist litigation firm in Adelaide, where he practised in commercial litigation, criminal proceedings, legal disciplinary matters and administrative law matters. His practice there involved regular appearance work.

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 and a Master of Laws degree from the University of Melbourne. During his undergraduate studies, Daniel won the subject prizes for the Law of Property and Law of Crime, and was an editorial member of the Adelaide Law Review.

Daniel is currently undertaking a Graduate Diploma in Corporate Law at the University of Melbourne and the Australian Restructuring Insolvency & Turnaround Association's Advanced Certification. He has completed postgraduate study in specialist subjects, including: Corporate Insolvency and Reconstruction, Liability Insurance Law and Financial Services Law. Daniel received the highest mark in Victoria and Tasmania for the ARITA subject Fundamentals of Restructuring, Insolvency and Turnaround.

Daniel is the Editor of the Commercial Bar Association's quarterly newsletter and the Editor of the South Australian State Reports. 

He is a member of the Commercial Bar Association, Banking and Financial Services Law Association, Australian Insurance Law Association and the Australian Restructuring, Insolvency and Turnaround Association (ARITA).

Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.

AREAS OF PRACTICE

Commercial Law
Common Law
Defamation

Profile1

Daniel Lorbeer practises in commercial law.

He accepts briefs both to appear and to do written work in disputes between businesses, insurance litigation, professional negligence, directors' and officers' duties, banking and financial services (Chapter 7) matters, personal and corporate insolvency, shareholder and partnership disputes and commercial class actions. 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, County and Magistrates' Courts. 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 in the Federal Court involving allegations of misleading or deceptive conduct and breach of continuous disclosure obligations concerning, amongst other things, profit guidance (settled);
  • briefed for applicants in two shareholder class actions successfully resisting an application by the respondent for 'cost capping orders': 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; 
  • NL Investment Group Pty Ltd v Parc Vue Project Botanic Pty Ltd (Trustee) [2020] FCA 711 (opposing application to amend Statement of Claim, application dismissed);
  • Bradford v Devlot 17 Pty Ltd [2020] VSC 246 (briefed for the plaintiffs, resisting the inspection by the defendant of documents produced under subpoena on the grounds of privilege, opposed to P Murdoch QC and P Wallis). 

Prior to coming to the bar, Daniel practised as a solicitor and senior associate at Herbert Smith Freehills in commercial litigation. Before that, he worked as a solicitor at Iles Selley Lawyers, a specialist litigation firm in Adelaide, where he practised in commercial litigation, criminal proceedings, legal disciplinary matters and administrative law matters. His practice there involved regular appearance work.

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 and a Master of Laws degree from the University of Melbourne. During his undergraduate studies, Daniel won the subject prizes for the Law of Property and Law of Crime, and was an editorial member of the Adelaide Law Review.

Daniel is currently undertaking a Graduate Diploma in Corporate Law at the University of Melbourne and the Australian Restructuring Insolvency & Turnaround Association's Advanced Certification. He has completed postgraduate study in specialist subjects, including: Corporate Insolvency and Reconstruction, Liability Insurance Law and Financial Services Law. Daniel received the highest mark in Victoria and Tasmania for the ARITA subject Fundamentals of Restructuring, Insolvency and Turnaround.

Daniel is the Editor of the Commercial Bar Association's quarterly newsletter and the Editor of the South Australian State Reports. 

He is a member of the Commercial Bar Association, Banking and Financial Services Law Association, Australian Insurance Law Association and the Australian Restructuring, Insolvency and Turnaround Association (ARITA).