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Damian M Austin
LLB [Melb]: BA; DipEd [Monash]
Chambers: Floor 10: Room 3: Building ODCW
Admitted : 3rd May 1976
Signed Bar Roll : 10th Feb 1977
Admitted to Practice in : Victoria, New South Wales, Queensland, Federal Jurisdictions.
Phone : (03) 9225 7484 Facsimile : (03) 9642 1359
E-Mail : damrobcor@vicbar.com.au
Areas of Practice :
  • Administrative Law
  • Arbitration
  • Banking and Finance
  • Building and Construction Law (Incl Engineering)
  • Commercial Law
  • Contract
  • Environmental Law
  • Equity & Trusts
  • Insurance Law
  • Local Government
  • Mining Law
  • Native Title/Land Rights
  • Probate/Wills/Family Provision
  • Professional Negligence
  • Town Planning
  • Trade Practices

  • Damian Austin signed the Bar Roll on the 10th February 1977, read with E.W. Gillard [as he then was] and has practised extensively in a broad range of commercial and tribunal cases.

    He has been a member of a number of professional bodies including;
    * the Commercial Law Association;
    * the Bar's representative on the Administrative Law Committee [Joint Standing Committee of the Bar and the Law Institute of Victoria];
    * the Building Dispute Practitioners' Society;
    * a founding member of the then Victorian Society for Computers and the Law.

    A number of diverse cases in which Damian has appeared as Counsel include;
    * The Royal Commission into the Australian Meat Industry.
    * Transport Industries Insurance Co. Ltd. v Longmuir [1997] 1 VR 125 [Insurance Arson]
    * Nunin Holdings Pty Ltd v Tullamarine Estates Pty Ltd [1994] 1 VR 74 [Sale of Land - Offer and Acceptance].
    * Westsub Discounts Pty Ltd v Idaps Australia Ltd (1990) 17 IPR 185. [Trade Practices].
    * Semple v Shire of Kilmore & Anor [1990] VR 88 [Extractive Industry - Town Planning]
    * Qenos Pty Ltd v Mobil Oil Australia Pty Ltd (No. 1) [2002] VSC 379 (Arbitration).
    * Qenos Pty Ltd v Mobil Oil Australia Pty Ltd (n0. 2) [2002] VSC 524 (Arbitration).
    * Patrick v Capital Finance Corporation (Australasia) Pty Ltd & ors [2004] FCA 120 [Trade Practices].

    Damian is a Mediator and in addition to appearing in a variety of arbitrations and mediations, has acted for statutory authorities and insurance companies.

    His articles on native title have been published as described below:
    "Mabo - Sorting the Fact from Fiction", Commercial Law Quarterly, Volume 7 No. 4 December 1993; Australasian Drilling, Volume 12 No. 6 November/December 1993.
    "Mabo - An Attempted Shield", Commercial Law Quarterly, Volume 9 No. 1 March 1995.

    Damian was formerly a part time member of the Liquor Licensing Panel pursuant to the Liquor Control Reform Act 1998 for the period 1999 - 2006 [inclusive].

    Professional Standards Act 2003 [Vic] "Liability limited by a scheme approved under Professional Standards Legislation."