David Markovich

David is the head of Murfett Legal’s commercial litigation and insolvency practice.dm

Email Contact: david@murfett.com.au

AREAS OF EXPERTISE

  • Commercial and Construction Litigation
  • Debt Collection
  • Employment Law - Contentious and Non-contentious
  • Insurance
  • Insolvency
  • Personal Injury
  • Criminal

WORK HISTORY

David has practised law in Western Australia and England, in private practice and in-house.  Formerly, David was a senior economist providing research and policy support to State and Federal governments.

David’s commercial and other litigation work includes claims relating to small and large construction projects, multi-million dollar construction adjudications, strata title irregularities, professional negligence, breach of restraint of trade, unfair trading, insider trading, WorkSafe, Environmental Protection Authority and other criminal prosecutions and coronials, and mining tenements.  His practice includes a great deal of insolvency litigation.

In the field of employment law, David has advised on corporate policy and drafted employment contracts (incorporating terms pertinent to migration law issues). He has undertaken extensive litigation in array of employee claims including discrimination, unfair dismissal, regulatory breaches and contract claims.

David actively supports a number of charities.  He acts as Counsel in RSPCA prosecutions and provides support and advice to the RSPCA.  He is also a member of the board of the Centre for Advocacy, Support and Education for Refugees and undertakes pro-bono migration work for refugees.  He helped establish a refugee camp in the former Zaire following the Rwandan genocide and has volunteered for and worked with human rights groups in the Middle East, North Africa and the USA

QUALIFICATIONS

  • Graduate Certificate in Migration Law and Practise  - Murdoch University, 2010
  • Bachelor of Laws (1st Class Hons) - Murdoch University, 2000
  • Bachelor of Commerce (Econ) with Merit - University of New South Wales, 1985
  • Admitted to practise in the High Court of Australia, Western Australia and in England and Wales
  • Registered Migration Agent.

PAPERS AND PUBLICATIONS

  • “Duties Relating to the Preservation of Human Life - The interface between Civil and Criminal Law’” (2009) HLB 17(9-10) (refereed).

  • “A Doctor’s duty to provide a patient with relevant information” (2008) HLB 17 (20-23) (refereed).

  • Co Author “Court of Appeal for finds hysterectomy inevitable - Hassan v Minster for Health [2008]” WASCA 149 (2008) HLB 16 (164-7) (refereed)

  • “Genocide, a Crime of which No Anglo - Saxon Nation could be Guilty” (2003) E-law 10(3) (refereed)

  • “The Talk gets Dirty at the bar”: The Role of Economics in Sex Regulation 5 (2000) Sisters in Law 57 (refereed)
  • Co-Author of Submission and Presentation to Senate Legal and Constitutional References Committee concerning Stolen Generations inquiry August 2000 (unpublished)

TESTIMONIALS

“David and Pete, you have been most helpful to us over this past year. I wouldn’t hesitate to use your Company again.” - Kell Muir

Following the trial and sentencing of a recidivist farmer offender, Dr Christine Jones, Chief Inspector of the RSPCA Western Australia, wrote:

“It is a fantastic result!!

The sentence is a reflection of the great work done by all those involved. Thanks to each and every one of you!

And to you David, a special thanks for all the hard work you have put into this – you were brilliant in court today (as always).”

Following the sentencing of another farmer found guilty of animal cruelty, David received the following comments:

“What a fantastic result…it was worth all the stress. Thank you so much for your excellent representation. I am looking forward to the next case!”

Dr Helen Milne, General Inspector RSPCA

And

“Thank you once again for a job well done. We are absolutely delighted with the outcome.  Your conduct of the case was exemplary.”

Dr Christine Jones, Chief Inspector RSPCA

“David,  it is a pleasure working on this issue with you. Your professionalism of handling this claim was commendable. Hoping to work with your organisation as our legal partner.”  Dammica Wickramaratne, Managing Director - ACCESS ALUM AUSTRALIA PTY LTD