Daniel McDonald

Daniel McDonald is the Founder and Principal of McDonald Legal.

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

• summary and Indictable offences
• tribunal & disciplinary
• assault & violence
• drug possession and trafficking
• traffic charges
• drug & drink driving
• family violence
• fraud & theft
• bail

Qualifications:

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

Memberships:
Law Institute of Victoria