David Carolan

Profile

David has a broad practice in criminal, insurance and common law matters. David specialises in complex cases ranging from class actions to indictable criminal proceedings. 

Civil

David is regularly briefed by insurers in large property damage claims, indemnity disputes and class actions. 

He also appears for plaintiffs and defendants in intentional tort matters with a focus in both Police torts and historical sexual abuse claims. 

Criminal

David regularly appears in indictable criminal matters including appellate matters. He is a Victoria Legal Aid Criminal Trial Preferred Barrister and holds an Indictable Crime Certificate.

David also appears and advises in quasi-criminal cases, with an emphasis on Occupational Health & Safety matters. 

Administrative

David has a particular interest in refugee law and appears for clients in visa cancellation cases before the Administrative Review Tribunal and Federal Court.

Some of David’s recent cases include:

Civil

·      Independent Tube Mills Pty Ltd (in liq) v Corplex Pty Ltd [2024] VSC 267 (junior to M Whitten KC);

·      Final Stop Pty Ltd v QBE Insurance (Australia) Ltd [2024] VSC 101 (junior to M Whitten KC);

·      HM (a pseudonym) v Sister Mary Monaghan [2025] VSC 51 (junior to G Boas);

·      Pinnacle Living Pty Ltd & Anor v QBE Insurance [2023] VSC 621 (junior to T Messer);

·      Grant v Director of Housing [2018] VCC 2065 (unled).

Criminal

·      Porter v The King [2024] VSCA 127 – trials and successful permanent stay in the Court of Appeal (unled);

·      CDPP v Duong [2024] VCC 182 – first trial brought by the Commonwealth DPP in relation to ‘foreign influence’ offences (junior to P Chadwick KC);

·      DPP v Clark Cranes Pty Ltd [2023] VCC 297 and Clark Cranes Pty Ltd v The King [2023] VSCA 259 – OHS fatality case (junior to N Papas KC);

·      DPP v Ahmed [2023] VCC 1548 – one of the largest Workcover frauds in Victoria’s history;

·      Clarke (a pseudonym) v The King [2023] VSCA 103 (unled);

·      Farrugia & Ors v The Queen [2022] VSCA 104 (for appellant Ali, unled);

·      DPP v Blackberry [2019] VSCA 269 (junior to P Tiwana);

·      Hoang v The Queen [2018] VSCA 86 (junior to G Boas).

Administrative

·      HSCK v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 313 (junior to A McBeth);

·      HSCK v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 17 (junior to A McBeth).

David also holds a Master of Laws from Melbourne University, which focussed on international law, evidence and insurance. 

David read with Justin Hannebery KC and his senior mentor was the Hon. Michael Whitten KC.