Daniel O’Brien is a commercial litigation partner and a NSW Law Society accredited specialist in commercial litigation. He has combined degrees in Commerce and Law from Macquarie University.

He has extensive experience in all aspects of commercial litigation and dispute resolution and undertakes complex commercial litigation and dispute resolution matters including corporate (including directors’ duties, shareholder remedies and joint venture disputes), property, trust, intellectual property, insolvency, misleading and deceptive conduct, insurance and contractual disputes.

Daniel also has experience in administrative law, defamation, negligence and family provision matters and matters before the Land and Environment Court relating to planning disputes and development appeals.

He acts for major corporate clients, government clients, community associations and religious orders in such matters.

Daniel also has experience assisting international clients in the taking of evidence of witnesses located in Australia for the purposes of proceedings commenced abroad (United States, Canada, Europe and Asia) and assisting clients in the taking of evidence of witnesses located outside Australia for the purposes of proceedings commenced in Australia.

Daniel is also a member of the Board of Oakhill College (De La Salle) and carries out significant pro bono work for a national charity.

Key Professional Achievements:

  • Daniel is a NSW Law Society Accredited Specialist in Commercial Litigation.
  • Daniel has degrees in Commerce and Law from Macquarie University.
  • Daniel was made a Partner of Carroll & O’Dea in October 2018.

Publications:

  • Perhaps a landmark case for interlink services incorporating IP
    Published 26 Aug 2016
  • Commercial and Litigation Newsletter
    Published 1 Jan 2015
  • Claims of self-incrimination by sole director in response to an order for production issued to a company
    Published 20 Jan 2014
    The sole director of a one person corporation will encounter obstacles when objecting to the production of documents by that corporation on the basis that it would be incriminatory of that director. The production is by the person as an agent of the company, not on his or her own behalf. If the director fears self incrimination, it is open to him or her to take steps to have the company appoint some other proper officer for the purpose of compliance with the Order for Production.
  • Lodgment of Caveats
    Published 15 Oct 2013
    If you have an estate or interest in land, and you wish to be able to protect that interest, in some circumstances consideration might be given to whether there is a caveatable interest.
  • BBB Constructions Pty Ltd V Aldi Foods Pty Ltd [2012] NSWCA 224
    Published 19 Nov 2012
    On 26 July, 2012 the Court of Appeal dismissed the appeal of BBB Constructions Pty Limited (“BBB”) against our client Aldi Foods Pty Ltd (“Aldi”) in relation to a decision of Justice McDougall made 2 December, 2010.
  • Note on the ‘implied undertaking’
    Published 19 Nov 2012
    It is important that parties in litigation and/or their legal representatives are aware of the ‘implied undertaking’ not to use documents received in proceedings for an ulterior purpose. In essence, this involves a requirement to be open and honest.
  • Interest on Costs
    Published 19 Nov 2012
  • Security For Costs
    Published 13 Jun 2012
    During the course of legal proceedings, costs are usually incurred by all parties in prosecuting and defending the proceedings. It is sometimes the case that despite the order being made for the payment of costs by the unsuccessful party, the unsuccessful party does not have the financial capacity to comply with the Court order. If it is deemed appropriate, an application can be made to the court for security for costs.
  • COMMERCIAL LITIGATION AND DISPUTE RESOLUTION
    Published 07 Jan 2011
    January 2011