Dispute Resolver Directory

– Australia

David Levin Q.C.

Contact details
About my services

Construction Law; Computer Law. 45 Years at the Bar; 20 years as a QC

Experience and qualifications

Post Nominals

QC Arbitrator Conciliator Mediator

Other ADR Experience

David Levin Q.C.
Curriculum Vitae

My professional qualifications are that I graduated in Economics and Law at Cambridge in 1971,  I have been a barrister since 1972 (in UK) and 1977 (in Victoria) and a Q.C. since November 1997.  I was a director of Barristers Chambers Ltd (October 1998 to July 2005) and from October 1994 until June 2003 I was an alternate director of Barfund Pty Ltd, the trustee of the Bar’s superannuation fund.  I am a member of the Chartered Institute of Arbitrators and a Grade 1 arbitrator accredited by IAMA.  I am an Australian National Mediator accredited under the National Mediator Accreditation System.  I am a member of Melbourne TEC Chambers.  Although my practice is based in Australia I am also a door tenant at Fenners Chambers in Cambridge in respect of arbitration and mediation matters.

I have been in private practice as a barrister since 1973.  I have acted as both arbitrator, mediator, expert determiner and special referee.  In my professional career over a number of years I have specialised in construction and computer litigation.  Set out below are some of the matters in which I have acted. 

Computer Litigation
I have acted as counsel in a number of computer disputes and cases involving the use of computers including Integer Computing v Facom Ltd  Madeley Pty Ltd v Touche Ross , Tasmania Bank v Peak Marwick, ACOHS Pty Ltd v Merck Pty Ltd , Redflex Traffic Systems v American Traffic Systems, Kilpatrick Green Pty Ltd v Leading Synthetics Pty Ltd and RACV v Unisys.  In 2000-2001 I was briefed in the Metrail Ticketing dispute and have acted in relation to the software used in freeway tolling.

Construction Litigation and Arbitration
I have undertaken numerous actions and arbitrations as counsel involving infrastructure construction projects all over Australia.  Inter alia, these have involved pipelines, power generation plants, gas plants, oil and gas facilities (onshore and offshore), desalination plants, wind farms, railway lines and stations, roads, tunnels, bridges as well as multilevel office, retail and residential structures.   

Arbitrator
Between July and October 1998 I acted as arbitrator in an arbitration involving a Queensland dredging company and six Melbourne councils in an extensive dispute in which both sides were represented by senior and junior counsel and in which interim and final awards were ultimately delivered.  I have acted as arbitrator in several other disputes, none of which ultimately proceeded to an award.

Special Referee
Until June 2012 I held an appointment as Special Referee appointed by the Technology, Engineering and Construction List of the Supreme Court of Victoria in a dispute between a head contractor and subcontractor relating to waterproofing of an apartment building.  The hearing occupied three weeks; the report to the court exceeded 200 pages.

Appointment as Expert
In about 1999 I was appointed as an expert in relation to a dispute arising between various parties in relation to the Western Link of City Link, pursuant to the expert determination provisions of the Melbourne City Link legislation.  I have held other expert appointments.

Mediator
From time to time I am nominated as a mediator in relation to Supreme Court and Federal Court proceedings.  Details are of course confidential but they have generally involved disputes relating to construction projects, mining developments and infrastructure.

Other Appointments:

Advocate member of the Legal Profession Tribunal April 1997 – 10 June 2013.  The Tribunal is composed of a chairman (a retired judge) and a lay person and an advocate member drawn from the same side of the legal profession as the party the subject of the hearing. 

In the last ten years I have sat on five tribunal hearings:

Date

Plaintiff

Defendant

21/7/03

Victorian Bar Inc

Alan Walter Sandbach

22/9/03

Les Thomas on behalf of Tenth Vandy Pty Ltd

Taylor Splatt & Partners and Matthew Stirling

1/9/04

Victorian Bar Inc

Alan Herskope

16/9/04

Victorian Bar Inc

David Perkins

13/5/05

Victorian Bar Inc

Shane Kennedy

A nominee of the Victorian Bar to the Supreme Court Technology, Engineering and Construction (TEC) List Users Group

Former President, Victorian Society for Computers and the Law Inc (2003-6)

Former Treasurer, Victorian Society for Computers and the Law Inc (1998-2003)

Former Public Officer, Victorian Society for Computers and the Law Inc (2000-6)

Former Chair of the Victorian Bar Dispute Resolution Committee (2004-5)

Member of the Chartered Institute of Arbitrators

Grade 1 Arbitrator accredited by the Institute of Arbitrators and Mediators Australia

Advanced Mediator accredited by the Victorian Bar Inc.

Australian National Mediator accredited under the National Mediator Accrediation System

Member of the Chartered Institute of Arbitrators (Australian Branch) AuDA Panel Member

Member of the drafting committee for the Victorian Supreme Court practice notes relating to the use of technology in civil litigation (PN 1 of 2002 and PN 1 of 2007)

Member of World Intellectual Property Organisation’s (WIPO) Domain Name Disputes Panel and a WIPO Neutral. Below is a list of Domain Name Disputes to which I have been appointed as sole panellist:

 

Date of Determination

Claimant

Respondent

WIPO ID No

December 16, 2003

Macquarie Bank Ltd

Mike Smith

D2003-0890

January 29, 2004

Alfred Ritter GmbH & Co KG

ICL Inc

D2003-0924

July 30, 2004

Dell Inc

Asia Ventures Inc

D2004-0452

September 5 , 2004

NIS Sparta Ltd

VenturaDomains

D2004-0544

May 2006

Volkswagen AG

Milas Auto

DTV2006-0003

May 2006

HUK-COBURG haftpflicht-Unterstützungs-Kasse kraftfahrender Beamter Deutschlands a.G.

DOMIBOT (HUK-COBURG-COM-DOM)

D2006-0439

May 2007

F. Hoffmann-La Roche AG

Holy & Blessed Corp. Holy & Blessed Corp.

D2007-0234

 

May 2007

Credit Industriel et Commercial en abrégé CIC v.

Caribbean Online International Ltd.

D2007-0423

May 2007

Credit Industriel et Commercial S.A. , CM-CIC Securities v.

Homeshop

D2007-0530

December 2007

Asurion Corp v

Domain Park Ltd

D2007-1633

January 2009

Campagnolo S.r.l.

Texas International Property Associates

D2008-1817

June 2010

Avon Products Inc

Tebix Creative

D2010-0669

February 13, 2011

The Coca-Cola Company

George Georgioy

D2010-2245

4 Sept 2011

LEGO Juris A/S

Chen Wenjie

D2011-1286

4 Sept 2011

LEGO Juris A/S

Ji xiangpeng

D2011-1267

4 Sept 2011

LEGO Juris A/S

mohd halimi zulkifli

D2011-1038

6 Sept 2011

LEGO Juris A/S

Lego Star Wars Minifigs

D2011-1231

18 November 2011

Genting Berhad

peerapap, peerapap sasomsub/ Protected Domain Services

D2011-1552

23 December 2011

Jackson National Life Insurance Company

wwwjacksonnationallife.com N4892

D2011-1855

31 January 2012

Groupe Auchan

Net Admin

D2011-2030

31 January 2012

Acme Electric, LLC

Private Registrations Aktien Gesellschaft, Domain Admin

D2011-2215

9 April 2012

Barclays Bank PLC

Privacy Protect.org / Private New

D2012-0294

24 April 2012

Pepper Australia Pty Ltd

Massive Networks Pty Ltd

DAU2012-0007

April 2015

Orient Express Travel Group Pty Ltd

Mookstar Media Pty Ltd

DAU2015-0004

July 2016

Berkshire Hathaway Specialty Insurance Co

Sonarpia Pty Limited

DAU2016-0005

 

 

Papers presented or published, conferences chaired etc:

Date

Title

Venue/Publication

February 1995

Damage without Loss: A Legal Conundrum

(1994) 11 BCL 2

18/11/98

Recent Developments in Arbitration and Construction Law

Institute of Arbitrators & Mediators Australia (Victorian Chapter) in conjunction with Building Disputes Practitioners Society Inc

24/3/99

Sands & McDougall Wholesale – running accounts, s.122 Bankruptcy Act and the potential liability of the Australian Taxation Office to repay tax instalments as voidable preferences

Workshop for Solicitors at Seabrook Chambers

June 2001

Litigation, Computers and the Internet

8th Greek/Australian International Legal and Medical Conference

Corfu

19/3/2003

Contributing author/speaker at seminar for the Supreme Court Judiciary entitled Judicial Involvement in Techno-Trials Session Two – Pre Trial Session

Victorian Supreme Court

11/6/03

Building & Construction Industry Security of Payments Act 2002 (Vic)

Seminar for the Construction Section of the Commercial Bar Association

24/6/03

Cybersquatting, Cyberbullying, Typosquatting and Domain Name Dispute Resolution

Seminar to IP solicitors for Green’s List

August 2003

“The End of Expert Determination?"

The Arbitrator & Mediator Journal; August 2003 Volume 22 Number 2

26 August 2003

 “On-Line Alternative Dispute Resolution”

Convenor of seminar for the Victorian Bar ADR Committee in conjunction with the Victorian Society for Computers and the Law Inc,

5-6 July 2004

Chair of session entitled ‘ODR Practice’ with
Professor Gregory Kirsten of the University of Ottawa speaking on e-Negotiation;
Professor Susan Raines of Kennesaw State University speaking on Online Mediation Practice; and
Philip Argy of Malleson Stephen Jaques speaking on Online Arbitration

3rd UN Forum on Online Dispute Resolution

21-22 October 2004

Member of panel to speak on ‘Awareness of Technology in Court

Court Technology Conference at the Sir Zelman Cowen Centre jointly presented by the Centre and the Australian Institute of Judicial Administration

10-12 November 2004

Convenor and chair of session entitled ‘Dispute Resolution in the Digital Age’ with
Melissa Conley Tyler speaking on Online Dispute Resolution: A Primer for Lawyers
Jaime Tan speaking on Negotiating online: An empirical examination of how communication context makes a difference
Elisabeth Wentworth speaking on  'Keeping the keyboard in perspective -  multi skilling for dispute resolution lawyers in the digital age
Professor John Zeleznikov speaking on Intelligent decision support for dispute resolution

Legal Technology Conference convened by the Sir Zelman Cowen Centre and the Victorian Society for Computers and the Law Inc

Feb 2006

Is a building contract specifically enforceable and. if so, under what circumstances?

(2007) 23 BCL 16 article written with Andrew Laird

10 July 2008

e-Trials and e-Tribulations: the myths of electronic trials. 

Keynote address at the Legal Technology Conference at Melbourne University Law School

16 July 2008

Slaying the Lernaean Hydra in Victoria: A critical comparison of the new Supreme Court Building Cases Practice Direction No 1 of 2008 and the English Technology and Construction Court practice with particular reference to the litigation between Multiplex and Cleveland Bridge arising out of the construction of the new Wembley Stadium.

Presentation for Building Disputes Practitioners’ Society and article published in the BDPS Newsletter Issue 32

December 2008

The Final Result: A discussion paper on the final decision on the merits and costs in the Multiplex and Cleveland Bridge litigation in the English Technology and Construction Court arising out of the construction of the new Wembley Stadium

Article published in the BDPS Newsletter Issue 33 and in the Quarterly Newsletter of Building Disputes Tribunal (NZ) Ltd – Issue No 1 - March 2009

30 May 2009

It Takes Two to Tango: Judicial Encouragement of ADR

Paper presented to the IAMA 2009 Annual conference and published in The Arbitrator & Mediator (2009) 28 (1) 71

Oct 2009

Proportionate Liability in Arbitrations in Australia?

(2009) BCL 298

Sept 2009

Costs, Judicial Discretion and

the encouragement of ADR in Hong Kong

 

Asian Dispute Review (2009 Asian DR 104

18 June 2010

The choice of dispute resolution and its implications for proportionate liability claims

 

Paper presented at the Society of Construction Law of Australia Conference in Perth

Oct 2010

The unsuccessful tenderer – legal rights and remedies

(2010) 26 BCL 324

March-May 2011

Proportionate Liability: The Australian Experience.

A series of three articles for Buildlaw, the NZ Building Disputes Tribunal journal, Issues 9-11

18 March 2011

Overcoming Uncertainties in Proportionate Liability

Lecture to Lexis-Nexis conference, Stamford Hotel, Melbourne

30 March 2011

Refining your mediation skills for resolving commercial disputes

Legalwise Seminar, RACV Club Melbourne

6 August 2011

Expert Evidence in Complex Construction Disputes – The Australian Approach

Paper presented at the Society of Construction Law of Australia Annual Conference in Brisbane

December 2011

Conflicts in construction law – acting for insurer and insured

Construction Law International: Vol 6 Issue 4 p.7

December 2012

Must a payment claim be made in good faith? (written with Luke Stanistreet)

(2012) 28 BCL 388

Dec 2012

BIM - Do lawyers need to care?

Australian Construction Law Bulletin

June 2013

Proportionate liability in arbitrations in Australia: Resolution of some uncertainties

(2013) 29 BCL 230

October 2015

The period of limitation in Victorian building actions

 

(2015) 31 BCL 268

 

December 2015

Brirek Industries v McKenzie Group [2014] VSCA 165 – Limitation Reconsidered

BDPS News Issue 51

I also regularly undertake seminars for the Bar Readers’ Course to discuss document management for barristers and explain how computers can assist in the handling of complex litigation.

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