Dr David H Denton, AM RFD KC is a King'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.
Dr Denton, AM KC has been an Adjunct Professor of Law in the College of Law & Justice at Victoria University Melbourne for over a decade in the fields of commercial arbitration and corporate governance. He holds undergraduate and graduate degrees in Law from Monash University in Melbourne and a Doctorate of Philosophy (constitutional law) from the University of Western Australia in Perth. He has been recognised by Victoria University Melbourne for outstanding contributions to the law and the University with the award of Companion of the University (CUniv). He was appointed as a Member of the Order of Australia (AM) by the Governor-General of Australia in the Australia Day 2023 honours list. His award was for significant services to the law.
Dr Denton, AM RFD KC is one of the few Australian King's Counsel admitted to practise as an accredited foreign lawyer with rights of appearance in the Singapore International Commercial Court.
From 2015 until 2018 he was Chairman of the Conflicts Committee and a Member of the Advisory Board of (now called Law Finance Limited). The company was a listed public company engaged in litigation funding in Australia and New Zealand , a co-venturer with Longford Capital LLC of Chicago, USA in respect of matters in the USA. Since 2022 he has been a member of the Investment Committee of CASL Litigation Funding, a founding member of the Association of Litigation Funders of Australia Ltd.
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:
- Commercial, Equity & Trade Practices Law
- Corporations, Insolvency & Securities Law
- Banking, Finance & Property Law
- Trusts & Family Law
- Commercial Arbitration & Mediation
- Administrative & Constitutional Law
- Planning & Environment Law
He is a member of chambers:-
Qualifications
Education
Xavier College, Kew
Royal Military College, Duntroon
Monash University - B.A. LL.B. LL.M.
Cornell University - CtBLaw
University of Western Australia – PhD
Victoria University Melbourne - CUniv
Admission to Practice
High Court of Australia
Supreme Court of Victoria
Supreme Court of New South Wales
Supreme Court of Queensland
Supreme Court of South Australia
Superior Courts of Fiji (pro tem)
Singapore International Commercial Court
Barrister
Roll of Counsel - Victorian Bar
Appointed a King’s Counsel (Senior Counsel) for the State of Victoria – 2001
President, Commercial Bar Association: 2001 -2005
Arbitrator
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
Mediator
National Accreditation as a Mediator – 2008
Academic
- Companion of the University, Victoria University Melbourne - 2020 (from 11:48 onwards)
- Adjunct Professor, Victoria Law School, College of Law and Justice, Victoria University, Melbourne – since 2005
- Course Director, Graduate Diploma in Commercial Arbitration, Sir Zelman Cowen Centre, Victoria Law School, College of Law and Justice, Victoria University, Melbourne – since 2004
Practice Profile
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).
Professional Positions
Commercial Bar Association
- President of the Commercial Bar Association – Melbourne (CommBar) (2001 – 2005)
- Senior Vice President of CommBar (1999 – 2001)
- Chairman of the Corporations and Securities Law Section of CommBar (1998 – 2005)
- Deputy Chair Corporations and Securities Law Section of CommBar (2005 – 2010)
- Vice President (Convenor) of CommBar (1994 – 1998)
The Bar
- Victorian Bar Representative, Programs Advisory Committee, Victoria Law School, College of Law & Justice, Victoria University Melbourne (2004 – present)
- Member of the Supreme Court of Victoria Corporations & Commercial Court Users’ Group (2010 – 2014)
- Member of the Supreme Court of Victoria Commercial List Users’ Group (2003 – 2010)
- Member Independent Chambers Committee (2008 – 2011)
- Member Continuing Legal Education Committee (2001 – 2007)
- Member Aboriginal Law Student Mentoring Support Group (2000 – 2001)
- Member Litigation Procedure Review Committee for Commercial Law (1999 – 2001)
- Member Legal Education Committee (1998 – 2000)
- Member Academic and Continuing Legal Education Committee (1995 – 1997)
- Founding Director, List Committee Member and Member Of List A Barristers (1990 – 2010)
- Member Bar Library Committee (1987 – 1989)
- Member Victorian Bar (1982 – 1985; 1987 - present)
- Mentor to the following Barristers: (Victorian Bar) Joanne Piggott, Peter G Lovell, Margaret Lodge, Alan Herskope, David L Bailey, Richard W Short; (now Queensland Bar) Picha Djohan
Academic
- Companion of the University, Victoria University Melbourne, 2020
- Adjunct Professor, Victoria Law School, College of Law and Justice, Victoria University, Melbourne – since 2005
- Convenor, Adjunct Professoriate, College of Law & Justice, Victoria University – since 2014
- Inaugural Fellow in Residence, Victoria Law School, Victoria University, Melbourne – since 2012
- Editorial Advisory Board, Victoria University Law & Justice Journal – since 2011
- Course Director, Graduate Diploma in Commercial Arbitration, Sir Zelman Cowen Centre, Victoria Law School, College of Law and Justice, Victoria University, Melbourne – since 2004
- Chair of the Faculty of Business & Law Review Committee into the Sir Zelman Cowen Centre, Victoria Law School 2009 – 2010
- Victorian Bar Council Representative, Programs Advisory Committee, Victoria Law School, College of Law and Justice, Victoria University, Melbourne – since 2004
- Advisory member of Head of Law School’s Building and Accommodation Committee for the Victoria Law School – since 2008
- Occasional Lecturer, The Law of Commercial Arbitration, and International Commercial Arbitration, Victoria Law School, College of Law and Justice – since 2005
- Moot Master, Victoria Law School Mooting Competition 2005 - 2011
- Advisory member pro tem to Provost, Sir Zelman Cowen Centre, Victoria Law School, Professor the Hon J H Phillips AC QC, 2004 – 2008
Australian Institute for Commercial Arbitration, Inc.
- President of the Australian Institute for Commercial Arbitration (2004 – 2011)
- Councillor (2011 – present)
Other Appointments
- Chairman, Law Hawks, Legal Coterie, Hawthorn Football Club (2007 – 2011)
- Head of Chambers, Chancery Chambers, Melbourne (1997 – 1999, 2003 – 2005, 2006 – 2008)
- Rapporteur and member of the Papers Committee, 13th Commonwealth Law Conference, Melbourne (2002-2003)
- Committee member of the Executive of the Commercial Law Association of Australia Limited (1995-1998)
- Honorary Secretary of the International Commission of Jurists (Australian Section) in Victoria and a member of its Executive Committee (1995 – 1996)
- Fellow of the Australian Institute of Company Directors (FAICD) (1992)
- Corporate Lawyer (1986 - 1987)
- Official Observer, Australian Constitutional Convention, Brisbane (1985)
- President, Senior Common Room, Newman College, University of Melbourne (1984 – 1985)
- Senior Resident Tutor in Law, Newman College, University of Melbourne (1982 – 1985)
- Commissioned Officer: Australian Army Legal Corps (Reserve). Decorated with the Reserve Force Decoration (RFD) (1979 – 2002)
Bar Association Memberships
- Victorian Bar - since 1982
- Bar Association of Queensland - since 2005
Association Memberships
- Australian Reconstructing Insolvency & Turnaround Association (ARITA)
- Commercial Bar Association – Melbourne - current
- Australian Institute for Commercial Arbitration (FAICA) - current
- Australian Institute of Company Directors (FAICD)
Accepts briefs from in-house counsel