David Carlile

Profile

David appears predominantly in property and commercial disputes. He also appears in wills and probate matters. He has appeared in trial, interlocutory and appellate proceedings in the Victorian Supreme Court, Court of Appeal, Federal Court and New South Wales Supreme Court.

He has appeared and advised in all manner of commercial disputes including issues relating to misleading and deceptive conduct, unconscionable conduct, mistake, duress, fraud and estoppel. He also advises and appears in relation to breach of director duties, shareholder disputes and winding up of corporations. He has been involved in many matters involving constructive or resulting trusts. He has experience in joint venture disputes particularly in the area of property development.

Recent cases David has been involved in include:

Zhang v Zhao (No 4) [2026] VSC 241  - Commercial Trial in relation to dispute over funds transferred from Hong Kong  to Australia. 

Fay v Fay [2025] VSC 455 - Trial in relation to the validity of a Deed executed by beneficiaries of an estate

Yuille v Husek [2024] VSC 278 - Successful summary judgment application in respect to claim against estate

Cline v Rodden [2023] VSC 492 - Trial in relation to Claim by deceased husband over property transferred by deceased wife to her children inter vivos

Gurappaji v Duncan & Anor [2023] VSC 558 (18 September 2023)  Trial where former partner claimed interest in property pursuant to Common intention constructive trust, Proprietary estoppel or Joint endeavour constructive trust. 

Toorak Development Group Pty Ltd [2022] VSC 387. Commerical Trial in relation to  Quistclose trust claim and a misleading and deceptive conduct claim - successfully defended the large ACL claim.

Jieyun International Investments Pty Ltd v Toorak Development Group Pty Ltd [2022] VSC 387. This matter involved a Quistclose trust claim and a misleading and deceptive conduct claim - successfully defended the large ACL claim.

Olsen v Olsen [2022] VSC 95 - successfully resisted removal of caveat in a dispute involving proprietary estoppel and constructive trust claims.

Maverick Signs Pty Ltd v Cetinkaya [2022] VSC 27 - successfully applied to remove a caveat by establishing no contract of sale.

Ajaimi v Giswick Pty Ltd [2022] VSC 131 - appeal in the retail lease dispute. 

Giswick Pty v Ajaimi [2021] VCAT 267 - retail lease dispute involving a successful claim by tenant for water and sewage ingresses. 

Marr Ltd v Marr - an August 2019 Supreme Court Commerical Trial  that settled after day 7. The dispute alleged breach of director duties, constructive and resulting trusts over land,  misuse of company funds, directors loans, alleged unlawful transfer of shares, alleged overpayment of wages,  and allegations of fraudulent documents.

Leared v Lordan [2019] VCC 364 - Commercial Trial in relation to alleged joint venture and rectification of loan agreements

Grace Christian Chapel v Canaan Holdings Pty Ltd [2019] VSC 5 - claim for additional security for costs against a foreign corporation.

Kids Vision Day Care v Secretary, Department of Education and Training [2018] AATA 4121 - administrative Law review of Child Care Service.

LCY Pty Ltd v Ma [2017] VSCA 383 - Appeal in relation to a breach of contract dispute relying upon estoppel by convention (with JL Bourke QC).

Broughton v B&B Investments Pty Ltd [2017] VSCA 227 -Commercial Trial in relation to validity of termination of contract.

De Oliveira v Udayaratna [2016] VSC 123 Commercial Trial in relaiton to property development .

Hays International College Pty Ltd and Cheng v Quikfund (Australia) Pty Ltd [2014] NSWSC 869 - Appeal in a contract dispute involving misleading and deceptive conduct and agency.

Amongst the many clients David has represented in commercial disputes are the First Commercial Bank of Taiwan and International Consumer Electronics Company HTC.

He speaks Japanese.

David is also a member of the Commercial Bar Association.