Daniel Russell is a Partner at Chambers Russell Lawyers and an industry expert in the field of strata and community title law.
Acting for a broad range of clients from ASX200 companies, owners corporations and individuals to builders, developers and the New South Wales Government, Daniel is an experienced litigator and an effective advocate. He appears before a broad range of Courts and Tribunals, including the Supreme, District, Local, Federal and Family Courts, the New South Wales Court of Appeal and the New South Wales Civil and Administrative Tribunal. Daniel acts in litigation ranging from multi-million dollar claims, urgent interlocutory applications and appellate work to debt recovery, strata disputes and commercial arbitrations.
Daniel holds a Bachelor of Laws (Hon) and Bachelor of Arts from the University of Newcastle. He is the current author of New South Wales Strata and Community Titles Law and the NSW Strata Schemes Management Handbook, both published by CCH. Daniel also regularly prepares and presents seminars to various stakeholders in the industry, and his articles on major issues in the field appear in a range of publications including the Law Society Journal of the Law Society of New South Wales. Daniel is a member of the Law Society of New South Wales.
Daniel's Latest Articles
Lot owner derivative actions In Tan v The Owners - Strata Plan No 22014 (No 2)  the Supreme Court opened the door to lot owners taking derivative actions on behalf of owners corporations. In this case note we analyse the reasoning of the Court that entitled the lot owner in that case to take such action and be indemnified for their costs in doing so. Published by on June 1, 2016
Beneficiaries of policies issued under the Home Building Compensation Fund In the case of Gardez Nominees Pty Ltd v NSW Self Insurance Corporation  the Supreme Court made determinations as to whether the plaintiff mortgagee in that matter was a beneficiary of a policy of insurance issued under to the Home Building Compensation Fund. The decision potentially has wide ranging implications given the interpretation given to a number of key provisions in the Home Building Act 1989. Published by on June 1, 2016
Recent developments in strata defect litigation: Strata Plan 74602 v Brookfield Australia  NSWSC 1916 The Owners - Strata Plan 74602 v Brookfield Australia Investments Limited  NSWSC 1916 illustrates a number of the evidentiary and legal challenges faced by owners corporations in heavily contested Supreme Court defect litigation. In his decision, His Honour Justice Stevenson provides further guidance from the Supreme Court with respect to the statutory and case law landscape in residential building defect litigation. Published by on March 31, 2016