Dr Daye Gang

Daye (pronounced Da-yeh) welcomes briefs to advise and appear in administrative, commercial, and white-collar criminal law. She also advises on international law. She speaks English, Korean, French, and Mandarin.

Administrative law

• Australian Human Rights Commission: Lesbian Action Group v AHRC, application of the Hardiman principle to merits review, use of expert evidence, application of the Sex Discrimination Act 1984 (Cth)
• Victorian Building Authority: individual and company regulatory prosecutions under the Building Act 1993 (Vic)
• Minister for Immigration, Citizenship and Multicultural Affairs, and applicants: judicial reviews and merits reviews of visa refusals and cancellations, advice on statutory interpretation, urgent injunctions, Federal Court appeals
• National Disability Insurance Authority: applicant administrative reviews
• Victorian Department of Health: Assessments of Victorian Pandemic Orders and Directions on compatibility with the Charter of Human Rights and Responsibilities Act 2006 (Vic)
• Victorian Department of Families, Fairness and Housing: child protection litigation under the Children, Youth and Families Act 2005 (Vic)
• Other administrative and quasi-criminal law: parole violations under the Crimes Act 1914 (Cth); control orders under the Criminal Code Act 1995 (Cth), advice and Tribunal applications for freedom of information requests, Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) review hearings, licence suspension reviews for the Department of Transport, native title joinder advice, judicial review appeal for prisoners’ rights; interpretation of the Forests (Wood Pulp Agreement) Act 1996 (Vic) led by Perry Herzfeld SC

Commercial law

• General commercial law: prospects advice and litigation on breach of contract, breach of Australian Consumer Law, regulatory compliance, discrimination claims under the Equal Opportunity Act 2010 (Vic), exploration of litigation options following termination of subcontractor contract, freezing order applications, statutory terms, Bankruptcy Notices, default judgments, partnership breakdowns
• Insolvency: s 471B Corporations Act 2001 (Cth) application for leave to continue proceedings against company in liquidation
• Corporate law: review of draft constitution for company limited by guarantee
• Graduate Diploma of Construction Law, Melbourne Law School (in progress)

Criminal law

• State and federal crime: large child abuse materials matters; drug importation conspiracies; money laundering; malware-based identity theft; public interest immunity; sexual offending in serial, historic, institutional, and family violence contexts; property and dishonesty offences; drug offending; appeals against sentence
  
• Private criminal defence: of state and federal offending, provision of culturally and linguistically competent advice and in-court representation, including money laundering and family violence offences

International law

• Public and private international law: ICCPR submission to the Human Rights Committee on family separations in immigration detention, instructed by the Human Rights Law Centre; litigation and advocacy prospects advice for corporate breaches of international human rights obligations, instructed by the Australian Centre for International Justice; strategic advice for the Asylum Seeker Resource Centre
• International criminal law: investigations of crimes against humanity based on witness evidence; analysing documentary evidence for persecution as a crime against humanity

• Advisory role for civil society organisations: advice and drafting on application of human rights conventions, sanctions enforcement, and corporate accountability for human rights breaches; strategic media engagement advice; regulatory engagement; international criminal law investigations
• Listed on Justice Rapid Response expert roster; United Nations BSAFE, PSEA, and PSHAA courses completed
• Advisor, Justice and Accountability Network Australia

Academia

Daye holds a PhD from Monash University. Her thesis explored the use of restorative justice for sexual and family violence. She is undertaking a Graduate Diploma of Construction Law at Melbourne Law School.
Daye's most recent publications formed part of the Commercial Bar Association's Australian Climate Change Litigation Annual Review (2024), where she wrote on shipping law, with Matthew Harvey KC, and international law.