Daniel Lorbeer

Daniel Lorbeer has over a decade of experience conducting commercial litigation at the independent bar.

Daniel has particular expertise in insurance litigation, especially financial lines (including in coverage disputes and insureds’ defences, but also in prosecuting claims against insureds). He also has expertise in building and construction disputes. Otherwise, he conducts all the usual commercial disputes, including partnership and shareholder disputes (including oppression), disputes arising out of transactions (for example, misleading or deceptive conduct claims) and cases arising out of restraints (both sale of business and employment) and competition by former executives and senior employees. He also conducts interlocutory disputes, including pre-action discovery applications.

His appearance practice includes running trials in the superior courts and appeals in courts of appeal. Daniel is also happy to have close involvement in the conduct of disputes before and during the litigation process, particularly drafting and settling pleadings, and being involved in other matters of consequence, including advising on strategic decisions and working with experts.

Examples of recent work include:

• Patrick v South Australia [2025] SASCA 108 (pro-bono, freedom of information, statutory construction);
• Panella, Skeffington and Jessett Coronial Inquest (the 'ramping inquest') [2025] SACC 21;
• Keogh & Co Pty Ltd v Pless [2025] VSC 341 (solicitors’ professional negligence);
• O’Connell v Lentelle Pty Ltd (in liq) [2025] VCC 219 (building and construction, strike out application);
• CAM Nominees Pty Ltd v Ashby Mining Ltd [2024] VCC 1921 (contested enforcement of settlement agreement);
• Department of Environment and Water v Patrick [2024] SACAT 73 (freedom of information);
• Darwin International Airport Pty Ltd v DIAH (NT) Pty Ltd [2024] NTCA 4 (commercial lease dispute);
• GHM Nominees Pty Ltd v Wallace Jackson Pty Ltd [2022] VSCA 230, 68 VR 377 (resisting call-up of loans);
• Canaccord Genuity (Australia) Ltd v Allen [2022] VSC 631, 70 VR 469 (tracing proceeds of fraud).

Otherwise, Daniel has also had extensive involvement as counsel in securities class action litigation, including in carriage and multiplicity disputes (see for example, 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 application for leave to appeal: [2019] FCAFC 147; 372 ALR 638) and the preparation of evidence (including expert materiality and inflation analysis).

Prior to coming to the bar, Daniel practised as a solicitor for some years, including as a senior associate at Herbert Smith Freehills in commercial litigation and as a solicitor at Iles Selley Lawyers.

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 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, and is completing a Graduate Diploma in Construction Law at the University of Melbourne.

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