Year of Call:1995
Year of Silk:2011
Damian has a broad ranging commercial practice, with particular emphasis on commercial litigation, arbitration and advisory work in the fields of resources, building and construction, corporations, insurance, insolvency, property and professional negligence.
He is listed as a ranked QC for Dispute Resolution by Chambers & Partners Asia Pacific 2017 and Chambers & Partners Global 2017. He was selected for inclusion in Best Lawyers in Australia 2017 for Bet-the Company Litigation, Commercial Law and Litigation. He was named the Best Lawyers’ 2014-2015 Brisbane Commercial Law ‘Lawyer of the Year’. Damian is listed as a ‘preeminent’, ‘leading’ or ‘recommended’ QC by Doyle’s Guide 2015-2016 in the areas of Commercial Litigation & Disputes (Queensland), Construction (Queensland) and Insolvency & Reconstruction (Australia and Queensland).
Damian is the Chair of the Bar Association of Queensland’s Business and Consumer Law Committee, a Member of the Bar Association of Queensland’s Professional Conduct Committee and a Member of the Queensland Law Society’s Commercial Litigation Specialist Accreditation Committee.
Successfully represented GVK Hancock Coal in a contentious judicial review proceeding in the Supreme Court concerning an environmental challenge to an alternative decision that gave a conditional green light to the Alpha Coal mine project. The decision is reserved. The proposed Alpha coal mine in the Galilee Basin, in Central Queensland, is a joint venture between Indian conglomerate GVK and Hancock Prospecting Pty Ltd.
Successfully represented Forge Group Power Pty Ltd (in liq) in a proceeding to restrain it and its receivers from calling on bank guarantees under a construction contract in the amount of approximately $5m. The proceeding involved the interpretation of liquidated damages and security provisions of a construction contract based upon a standard form contract in common usage in Australia and the power of appointment of a superintendent following the discharge of the contract by novation. It is a leading decision on the meaning of the provisions relevant provisions and a principal’s post-discharge rights.
Represented three of a number coal miners as users of one of Australia’s largest export coal ports in an arbitration to determine the fees payable under user agreements. The subject matter of the arbitration involved (amongst other things) the interpretation of the user agreements and the examination of economic and regulatory practice in relation to the setting of user fees. The dispute was ultimately compromised.
Chambers & Partners Asia Pacific 2017 – Selected as a leading QC for Dispute Resolution “an exceptional advocate with a remarkable skill for articulating a case with the content and style that best convinces the judge and gives the client the best chance of success.”
Chambers & Partners Global 2017 – Selected as a leading QC for Dispute Resolution
Australian Financial Review’s Best Lawyers Best Lawyers 2017 – Listed for Bet-the Company Litigation, Commercial Law and Litigation.
Australian Financial Review’s Best Lawyers’ 2014-2015 – Named Brisbane Commercial Law ‘Lawyer of the Year’.
Doyle’s Guide to the Australian Legal Profession 2015 & 2017 – Nominated as a ‘recommended’ QC for Construction & Infrastructure (Queensland).
Doyle’s Guide to the Australian Legal Profession 2015-2016 – Nominated as a ‘preeminent’ QC for Insolvency & Reconstruction (Queensland 2016) and a ‘recommended’ QC for Insolvency & Reconstruction (Australia 2015 and 2016).
Doyle’s Guide to the Australian Legal Profession 2016 – Nominated as a ‘recommended’ QC for Insurance (Queensland).
Doyle’s Guide to the Australian Legal Profession 2015-2016 – Nominated as a ‘leading’ QC for Commercial Litigation & Disputes (Queensland).
Chair of the Bar Association of Queensland’s Business and Consumer Law Committee
Member of the Bar Association of Queensland’s Professional Conduct Committee
Member of the Bar Association of Queensland's Queen's Counsel Consultation Group
Member of the Queensland Law Society’s Commercial Litigation Specialist Accreditation Committee
Member of the Bar Association of Queensland
Sometime Instructor, Leading Evidence and Cross-Examination, Bar Practice Course
2013 Appointed Queen's Counsel
2011 Appointed Senior Counsel
1996-present Practising Barrister
1996 Admitted, Barrister of the High Court of Australia
1995 Admitted, Barrister of the Supreme Court of Queensland
1994-1995 Associate to the Honourable Mr Justice Lee, Supreme Court of Queensland
1991-1995 Part-Time Tutor, Queensland University of Technology
1993 Research Assistant, the Honourable Mr Justice Spender and the Honourable Mr Justice Drummond, Federal Court of Australia
1993 Admitted, Solicitor of the Supreme Court of Queensland
1992 Associate to the Honourable JM Macrossan, Chief Justice of Queensland
1991 Article Clerk, Corrs Chambers Westgarth, Solicitors
LLB (QUT) (1st Class Hons)
1992 Inaugural recipient of the TE Cain Moot Trophy
1990 Queensland Law Society Prize (awarded to the graduating Bachelor of Laws student with the highest aggregate marks in the subjects of Commercial Law, Conveyancing & Drafting, Company Law and Partnership and Taxation Law)
1990 Power & Power Company Law and Partnership Prize
1990 Clarke & Kann Taxation Law Prize
1990 Law Book Co Pty Ltd Professional Conduct Prize
1989 Butterworths Pty Ltd Equity Prize