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Special Counsel & Consultant Lawyers

James Daly

James is Special Counsel of our Wills and Estates Team. As an Accredited Specialist in Wills and Estates, he expertly assists clients with estate planning, administration and litigation.

James prepares Wills and Powers of Attorney, as well as assists clients with structuring their estates. He sensitively and expertly guides executors and beneficiaries through the process of estate administration. He also helps clients with estate litigation, if a will needs to be challenged or an estate defended.

James enjoys advising clients not only on the result, but also the best route to get there. James enjoys giving clients advice on all of the options that may be available to them, before tailoring a solution that suits their individual needs. He has a special interest in the Guardianship List of Victorian Civil and Administrative Tribunal (VCAT) and has had success in removing and defending administrators. James accepts referrals to act as independent administrator for persons with a disability.

James was admitted to practice in 2009 and joined McKean Park as Special Counsel in February 2018. He presents at the Leo Cussen Institute, Legalwise Seminars and other education providers.

James has been listed as a Recommended Wills & Estates Litigation Lawyer for Victoria in Doyles’ 2016 Guide to the Australian Legal Profession. Additionally, McKean Park has been Recommended as a Leading Wills & Estates Litigation Law Firm in Victoria. James is also an active member of the Society of Trust and Estate Practitioners (STEP).

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Expertise

  • Wills & estate planning, including discretionary trusts
  • Special disability trusts and protective trusts acc-spec-sm
  • Powers of Attorney
  • Probate, Letters of Administration upon Intestacy & estate administration
  • Guardianship & administration including VCAT matters
  • Will disputes including challenging & defending wills
  • Family provision claims seeking further provision from deceased estates
  • Resealing international & interstate Grants of Probate
  • Cross border estates, including corresponding with foreign lawyers regarding Letters Testamentary & forced heirship issues
  • Charitable gifts & cy-prés applications

Service Areas

Wills, Estates, Succession Planning & Estate Litigation, Property & Owners Corporations

David Brett

David joined our Commercial Litigation and Insolvency Team in 2008 as a Special Counsel. David has over 35 years of experience in litigation and insolvency. He is an Accredited Specialist in Commercial Litigation. He is also a Nationally Accredited Mediator with the Mediator Standards Board....Read More

David ran his own firm for 15 years, providing a broad perspective on matters influencing dispute resolution. He assists clients with property, deceased estate, contractual and joint venture disputes, commercial issues, retail tenancy matters, and all types of insolvency litigation. David understands the stress and cost of litigation and believes in dispute resolution – not dispute escalation.

David established and chaired the Commercial Litigation Specialist Study Group for 17 years. He was the Chairman and on the board of the Specialisation Study Board of the Law Institute of Victoria for many years. He frequently presents at commercial and industry seminars.

Expertise

  • Dispute resolution & litigationacc-spec-sm
  • Insolvency, both corporate & personal
  • Mediation
  • Company disputes
  • Estate disputes
  • Owners Corporations disputes
  • Commercial & retail lease disputes

Service Areas

Commercial Litigation, Insolvency