Daniel McDonald

Daniel McDonald is the Founder and Principal of McDonald Legal. With a diverse legal practice, Daniel provides specialist legal services to his clients across a broad spectrum of legal areas. In the realm of commercial law, he offers guidance on mergers and acquisitions, corporate governance, capital raising, and managed investment schemes. Additionally, Daniel specialises in intellectual property matters, assisting clients in protecting and commercialising their intellectual assets, and providing advice on licensing, distribution, and confidentiality agreements. He also holds expertise in franchising law, ensuring compliance with the Franchising Code of Conduct and assisting with the preparation of franchise agreements and related documentation.

In the property sector, Daniel leads a dedicated team that handles property transactions, disputes, and complex agreements. His practice encompasses property sales and acquisitions, subdivisions, unit development, and infrastructure agreements. He adeptly navigates property disputes, including those related to easements, caveats, restrictive covenants, and encroachments. Moreover, in the realm of building and construction law, Daniel offers legal representation in disputes involving building defects, professional negligence, and compliance with the Building Act.

Complementing his broad legal practice, Daniel also extends his expertise to family law, where he guides clients through divorce proceedings, child custody matters, spousal support, and property division issues, all within the framework of Australian family law. In criminal law, he represents clients facing a wide range of charges, from summary offenses to indictable offenses, and handles cases involving assault, drug offenses, traffic violations, and more.

Areas of law & expertise

• Mergers and acquisitions
• Corporate structuring
• Corporate compliance and governance
• Capital raisings
• Managed investment schemes

• Licensing arrangements
• Protection and commercialization of intellectual property
• Distribution arrangements
• Consultancy arrangements
• Employment and contractor arrangements
• Terms and conditions
• Privacy and confidentiality issues

• Compliance with the Franchising Code of Conduct
• Preparation and negotiation of Franchise Agreements and Master Franchise Agreements
• Preparation of all related franchise documents, including disclosure documents

• Sales and acquisitions of land
• Subdivisions
• Unit development
• ‘Off the plan’ sales
• Infrastructure agreements
• Representation in property disputes

• Incomplete and defective building works
• Professional negligence claims
• Protection works disputes
• Compliance with the Building Act
• Negotiating with respect to building orders and notices
• Prosecutions under the Building Act
• Report and consent for non-compliance with building plans

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

• Easement-related disputes
• Disputes relating to caveats
• Removal of restrictive covenants
• Nuisance claims (trees and security cameras)
• Adverse possession claims
• Encroachment claims
• Fencing disputes
• Owners’ corporation disputes

• Divorce cases
• Child custody matters
• Spousal support issues
• Property division disputes
• Domestic violence cases

• Summary and Indictable offenses
• Tribunal and disciplinary matters
• Assault and violence charges
• Drug possession and trafficking cases
• Traffic charges
• Drug and drink driving cases
• Family violence cases
• Fraud and theft cases
• Bail applications

Qualifications

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

Memberships

• Law Institute of Victoria

Awards

• Lawyer Monthly Magazine – 2023 Commercial Lawyer of the year
• Lawyer Monthly Magazine – 2022 Commercial Lawyer of the year