Declan Kissane

Declan has conducted his practice with a focus on commercial litigation and insolvency since being called to the private bar in early 2010.   Before being called to the bar, Declan was in private practice as a solicitor predominantly practising commercial litigation and insolvency.

Declan has represented clients in all shapes and sizes varying from large publicly listed companies to SME’s and individuals.  He has also acted for industry representative bodies and statutory regulators.

Declan appears regularly in all levels of the Queensland, New South Wales and Federal courts and tribunals. 

Declan enjoys working with his instructing solicitors to formulate strategies that best meet their client’s goals.  Declan is commercially minded and he seeks out opportunities for commercial resolutions to disputes particularly when it is apparent that a dispute is ripe for settlement. 

 Practice Areas

Declan’s practice areas include:

Banking and Finance – matters involving security enforcement, the interpretation of security documentation, priorities, guarantees and suretyship, challenges to the appointment and the exercise of powers of receivers, recovery of possession, challenges to the exercise of mortgagee’s power of sale, and the application of equitable doctrine and remedies.

PPSR - advising with respect to All PAAPS, PIMSI and other forms of security interests relating to personal property.

Insolvency - challenges to deeds of company arrangements, applications for the extension of convening periods, unfair preference claims, insolvent trading claims, uncommercial transactions, applications for winding up on various grounds, setting aside statutory demands.

Property – recovery of possession, appointment of statutory trustees for sale, applications setting aside or maintaining caveats, leasing disputes.

Equity & Trusts - matters involving injunctions, equitable liens and charges, exoneration, relief against forfeiture, exoneration, redemption, marshalling, subrogation, resulting, trusts constructive trusts, breaches of fiduciary duties, account of profits, confidential information, and fruits of litigation lien.

Building and Construction – matters involving realisation of various forms of securities (such as bank guarantees), security for payment legislation, termination of contracts, delay claims and other monetary disputes.  

Professional Negligence & Professional Disciplinary matters - acting both for and against disciplinary bodies and claimants.

Alternative Dispute Resolution – both formal and informal forms of ADR including arbitration, court ordered mediation, expert determinations and settlement conferences.

Areas of Practice

> Alternative Dispute Resolution
> Banking
> Bankruptcy & Insolvency
> Building & Construction
> Commercial
> Corporate 
> Equity
> Insurance
> Mediators
> Professional Negligence
> Property
> Trusts

Admissions

2010 Admitted as Barrister

Qualifications

LLB (James Cook)

Memberships

> Queensland Bar Assoc.
   Society of Construction Law        Aust.
> Building and Dispute                    Practitioners Society
> Australian Restructuring              Insolvency & Turnaround             Assoc.
> Australian Insurance Law              Assoc.

Contact Details

E: dkissane@qldbar.asn.au
P: (07) 3211 4440
M: 0407 670 368