David Morgan is a leading commercial and tax barrister who regularly appears in Victorian and Commonwealth courts and tribunals.
His areas of practice include stamp duty, land tax, income tax, property law, native title, banking and finance, contractual disputes, administrative law, disciplinary matters and corporations law.
Before coming to the Bar he was a Senior Associate at Mallesons and spent a year as Associate to Justice Sundberg at the Federal Court of Australia. David is a former editor of the Melbourne University Law Review.
Recent Cases
COMMERCIAL LAW
Panopus plc; in the matter of Opes Prime Stockbroking Limited [2012] FCA 158 (acting for the liquidators/administrators of Opes Prime in conducting public examinations and a disputed claim on the scheme of arrangement)
AGL HP1 Pty Ltd v Alanvale Pty Ltd [2012] VSC 192 (acting for landowners in dispute with operator of a wind farm)
Digital Cinema Network Pty Ltd v Omnilab Media Pty Ltd (Federal Court – breach of fiduciary and statutory duties in the provision of digital cinema)
Ubertini v Saeco International Group SpA [2014] VSC 294 (oppressive conduct – joinder of minority shareholders as plaintiffs)
Zwanenberg Australia Pty Ltd v Moira Mac’s Poultry and Fine Foods Pty Ltd [2014] FCA 1072 (construction of manufacturing contract)
Western Australia v Graham on behalf of the Ngadju People (2016) 330 ALR 534 and [2016] HCATrans 241 (native title, validity of future acts)
Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd (2017) 349 ALR 100 (property development, misleading and deceptive conduct)
BHP Billiton Nickel West Pty Ltd v KN (deceased) (2018) 351 ALR 491 and [2018] HCATrans 123 (native title, validity of mining leases)
Hill v Love (2018) 53 VR 459 (marshalling of securities)
TAX LAW
David regularly acts for taxpayers and the tax office in both advisory and contentious matters. He has particular expertise in stamp duty, land tax and payroll tax and has appeared in a number of the leading cases, including:
Conder Tower Pty Ltd v Commissioner of State Revenue [2012] VSC 107
Lend Lease Development Pty Ltd v Commissioner of State Revenue (2014) 254 CLR 142
BPG Caulfield Village Pty Ltd v Commissioner of State Revenue (2016) 103 ATR 1
Commissioner of State Revenue v Danvest Pty Ltd [2017] VSCA 382
Australian Investment and Development Pty Ltd v Commissioner of State Revenue [2018] VSC 154
Click here to download my List G Barristers CV.