Daniel McDonald

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Property & Commercial

Daniel McDonald

Juris Doctor, MBA, GDLP

Solicitor & Director

Daniel McDonald is the Founder and Principal of McDonald Milnes Lawyers.

As a Commercial Lawyer, Daniel regularly advises and assists clients with mergers and acquisitions, corporate structuring, corporate compliance and governance, capital raisings and managed investment schemes.

Daniel assists clients with day-to-day legal issues affecting their business including supply arrangements, licensing arrangements, protection and commercialisation of intellectual property, distribution arrangements, consultancy arrangements, employment and contractor arrangements, terms and conditions and privacy and confidentiality issues.

Daniel also advises franchisor clients on compliance with the Franchising Code of conduct, preparation and negotiation of Franchise Agreements and Master Franchise Agreements and preparation of all related franchise documents, including all required and relevant disclosure documents.

In the Property sector, Daniel leads our property transaction team and often appears in the Magistrates Court, County Court and the Supreme Court on matters concerning property disputes. Daniel provides advice on all aspects of property including sales and acquisitions of land, subdivisions, unit development, ‘off the plan’ sales and infrastructure agreements as well as often acting for landowners and developers in connection with development agreements including negotiating with existing and incoming financers, settling the form of the complex legal agreements and relevant associated documents and agreements.

Areas of law & Expertise

Building and construction disputes

  • disputes regarding incomplete and defective building works
  • professional negligence claims against building practitioners including architects, engineers and building surveyors
  • protection works disputes
  • negotiating with respect to building orders and building notices under the Building Act
  • prosecutions under the Building Act
  • report and consent for non-compliance with building plans

Contractual and transactional disputes

  • Contractual claims in property transactions and commercial agreements
  • disputes relating to consumer guarantees, consumer protection and misleading and deceptive conduct

Property disputes

  • easement related disputes
  • disputes relating to caveats
  • removal of restrictive covenants
  • nuisance claims, including those related to trees and security cameras
  • adverse possession claims
    encroachment claims
  • fencing disputes
  • owners’ corporation disputes

Qualifications:

Master of Business Administration – University of South Australia
Juris Doctor (Master of Law) – RMIT University

Memberships:
Law Institute of Victoria

articles by Daniel McDonald

Industrial manslaughter now a crime in Victoria
Industrial manslaughter now a crime in Victoria
The Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Bill…
Is my Superannuation benefit covered under my Will?
Is my Superannuation benefit covered under my Will?
In most instances, superannuation does not form part of a…
Victoria’s combustible cladding crisis, the importance of due diligence when buying an apartment.
Victoria’s combustible cladding crisis, the importance of due diligence when buying an apartment.
The extent of Victoria’s cladding crisis is overwhelming. 2,227 individual…
The Cooling off Period on a private property sale, when and how it applies.
The Cooling off Period on a private property sale, when and how it applies.
In a private property sale of residential property in Victoria,…
When demoting an employee amounts to a dismissal
When demoting an employee amounts to a dismissal
Professionally leverage other’s client-centered systems rather than multimedia based technology.…
Your Lender requires you to seek independent legal advice
Your Lender requires you to seek independent legal advice
Globally procrastinate effective experiences for interoperable innovation. Completely facilitate equity…
Some PPSA Registrations will expire on 30 January
Some PPSA Registrations will expire on 30 January
Professionally myocardinate standards compliant web services rather than alternative best…
New Challenges for Gig Economy Service Providers
New Challenges for Gig Economy Service Providers
Progressively negotiate cross-media content before customer directed catalysts for change.…
Buying a property? Know what you’re buying by getting the property surveyed.
Buying a property? Know what you’re buying by getting the property surveyed.
When it comes down to launching your e-store online, there…