David H Denton, QC has a national legal practice in Australia, the Singapore International Commercial Court and the trial and appellate divisions of the Federal Court, the State Supreme Courts, the Family Court, the Planning & Environment Court of Queensland and in VCAT. He also practises and appears in the superior courts in Fiji.
He is a certified Commercial Arbitrator and nationally accredited Mediator and holds or has held the following positions:
He is a member of chambers:-
Victorian Bar Committee memberships
From 01 Jul 2008, liability limited by a scheme approved under Professional Standards legislation.
David H Denton, RFD QC is a Queen’s Counsel at the Australian Bar and the Singapore International Commercial Court. He practises as a barrister in the High Court of Australia and the trial and appellate divisions of the Federal Court of Australia; the Family Court; the Supreme Courts in Victoria, New South Wales, Queensland and Tasmania; the Planning & Environment Court of Queensland and the Victorian Civil & Administrative Tribunal.
Over recent years he has been retained to appear in both the High Court and the Court of Appeal in the Fiji Islands and for commercial clients involved in property disputes in the Family Court of Australia.
He is one of the few Australian Queen’s Counsel admitted to practice as an accredited foreign lawyer with rights of appearance in the Singapore International Commercial Court.
In September 2015 he was appointed Chairman of the Conflicts Committee and a Member of the Advisory Board of JustKapital Limited (ASX:JKL). JustKapital is a listed public company engaged in litigation funding in Australia and New Zealand. It is also in a co-venture with Longford Capital LLC of Chicago, USA in respect of matters in the USA.
He has long held a keen interest in class actions, commercial arbitration and in all aspects of company law, especially insolvency and shareholder disputes; environmental torts concentrating on defence work and planning matters. He has been regularly retained for leading Australian banks and financial institutions and otherwise appeared in several notable insolvency administrations following significant corporate collapses, including: Duke Group, Tricontinental Corporation, Pyramid Building Society, Primelife, Opes Prime, Willmott Forests and the Westpoint Group.
His early practice at the Bar was one heavily involved in the practice of criminal law, courts-martial and criminal jury trials in particular. This early grounding has shaped his litigation practice in commercial law.
His principal practice areas are in:
He is a member of chambers:-
Xavier College, Kew
Royal Military College, Duntroon
Monash University, Victoria - B.A. (1977); LL.B. (1979); LL.M. (1994)
University of Western Australia – enrolled PhD (constitutional law - expecting 2019)
Admission to Practice
High Court of Australia 1981
Supreme Court of Victoria 1981
Supreme Court of New South Wales 1985
Supreme Court of Queensland 1991
Supreme Court of South Australia 1991
Superior Courts of Fiji (pro tem) 2008
Singapore International Commercial Court 2016
Roll of Counsel - Victorian Bar - signed 1987
Appointed a Queen’s Counsel (Senior Counsel) for the State of Victoria – 2001
President, Commercial Bar Association: 2001 -2005
Fellow of the Australian Institute for Commercial Arbitration (FAICA) – 2004
Certified Arbitrator - Australian Institute for Commercial Arbitration – 2004
President of the Australian Institute for Commercial Arbitration: 2004 – 2011
National Accreditation as a Mediator – 2008
Commercial, Equity & Trade Practices Law
These cases cover every instance of commercial disputation arising out of trade and commerce from contractual disputes to passing off applications to protection of intellectual property rights.
Corporations, Insolvency & Securities Law
He maintains a strong interest in Securities, Corporate Governance and Insolvency Law issues and has appeared in many cases under the Corporations Law/Act and especially so in the Corporate Insolvency area which have provided significant case development in cases under Part 5.3A Corporations Act in respect of administrations and insolvencies.
Banking, Finance & Property Law
These cases involve the application of securities and suretyship law with emphasis on banking documentation covering debentures, mortgages, charges, cross-deeds of covenant, guarantees and indemnities. The corresponding rights of parties to rely upon equitable and statutory defences principally trade practices law and unconscionable conduct are closely examined. All aspects of land law covered including compensation due to compulsory acquisition.
Trusts & Family Law
This practice area has involved the consideration and application of family law principally in the corporate and trusts areas of property dispositions under the Family Law Act 1975 and in the Family Court’s accrued jurisdiction.
Commercial Arbitration & Mediation
He has developed a significant practice in commercial arbitration and mediations over 20 years, both in Australia and overseas. Arbitrations have involved consideration of private international law; advice on international treaties concerning International Sale of Goods, International Air Law, UNCITRAL Model Law on International Commercial Arbitration. In Australia, arbitrations have also involved large contractual construction disputes and commercial tenancy arbitrations, flowing through to arbitral awards.
Administrative & Constitutional Law
This practice area has involved the consideration and application of constitutional law (state and federal) and the operation of human rights legislation. These matters have been pursued in opinions and in High Court and Appellate courts. This area of practice has involved consideration of the application of constitutional conventions and administrative law principles to high level government decision-making and policy development.
Planning & Environment Law
Additionally, he has developed a specialist practice in Queensland in Planning & Environment Law matters and in Victoria in VCAT. He maintains an active interest in defence work involving environmental offences. This practice has also involved matters and appeals under the Sustainable Planning Act 2009 (Qld); Integrated Planning Act 1997 (Qld); environmental prosecutions under the Local Government Act 1990 and Local Laws; and the Cairns Regional Council, Eacham Shire Council and Johnstone Shire Council Planning Schemes in Far North Queensland and in South East Queensland before the Planning & Environment Court (Queensland).
Commercial Bar Association
Australian Institute for Commercial Arbitration, Inc.
Bar Association Memberships