Dan Kynaston

Dan Kynaston

An experienced commercial litigation, insurance and workplace and employment legal adviser, Danny has worked for both public and private sector clients. Taking a business approach to his advising, Danny works closely with his clients to ensure that he achieves the desired business outcomes. He has had academic experience as a sessional lecturer and tutor in labour law and discrimination law at the University of Canberra. He has appeared as an advocate in several jurisdictions including the Federal and NSW Industrial Relations Commission, the ACT Supreme Court and the Federal Court.

His work for the public sector has involved advising on funding agreements including the interpretation of contracts, breach of contract issues relating to financial arrangements that support community based businesses including duty of care, economic loss suffered by advertiser, alleged breaches of the Trade Practices Act and an employment contract, certified agreement interpretation, statutory interpretation, subpoenas for documents as well as employment contracts and agreements including unfair dismissals.

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Danny is also part of our Canberra-based team that provides debt recovery and insolvency advice to a major Commonwealth government client. Having regard to Commonwealth policies around enforcement of recovery, he provides strategic advice on recovery options for commercial loans and on business grants where default has occurred. At all times he assesses the business requirements of the Commonwealth and the debtor before providing advice.

Danny's work for his private sector clients includes advising on a very complex building and construction disputes involving a large development in the ACT, advising and interpreting a certified agreement and whether allowances could be paid in certain circumstances and whether these can be included in the calculation of overtime, obligations to the Commonwealth Government under a funding agreement including options available to recover funding that had been inappropriately allocated and a commercial dispute involving the cessation of commission payments to an interstate based agent contracted to pursue growth opportunities overseas.

His employment law experience includes providing advice to both public and private sector clients on termination of employment and unfair dismissal claims, preparing employment contracts and agreements, advising on award entitlements and redundancy arrangements and disciplinary proceedings involving employees.

Recent Matters

  • Provided advice to a major utilities corporation on the interpretation of their certified agreement and whether allowances could be paid in certain circumstances and be included in the calculation for overtime.
  • Acting on a dispute relating to a consultant employed by a Commonwealth corporation. The consultant, alleges breaches of the Trade Practices Act and his employment contract, is seeking $2 million damages. This is a complex matter and involves a number of factual issues.
  • Successfully acted on behalf of the Australian National Audit Office by responding to a subpoena issued by a plaintiff out of Federal Court proceedings as a result of an audit of a Commonwealth agency. The ANAO believed the documents subject to the subpoena were confidential. The main issue was the application of section 36 of the Auditor-General Act 1997, which prohibits the disclosure of documents obtained by a person in the course of performing the Auditor-General function. Key features of this work involved parliamentary privilege and oppression.
  • Currently advising a major public sector corporation in relation to the financial arrangements put in place to support community based businesses. In the early stages, this matter involves complex advice on breach of contract issues and also duty of care that arises when financial lending institutions provide funding for projects or business. Insolvency and the potential for debt recovery are also part of the issues involved in this matter.
  • Working with the Canberra-based team to provide debt recovery and insolvency advice to a major public sector department. The advice includes recovery options for commercial loans and business grants where default has occurred. Having regard to Commonwealth policies around enforcement of recovery drives the advice being provided to this client and other public sector clients.
  • Acting on behalf of a business unit within a major telecommunications service provider on claims that are now before the Court for damages for pure economic loss relating to alleged breaches of contracts for advertising services.
  • Advising a major educational institution on a commercial contract dispute with an interstate agent. The client has been pursuing growth opportunities overseas and to be able to enter into a particular Asian market they had to contract an agent to represent them. Under the original agreement, the agent received a commission and there is a now a dispute as to when the entitlement to payments ceased.
  • Advising the development manager on a building and construction dispute involving the construction manager on a large commercial development in the ACT. This dispute relates to whether the construction manager has been adequately performing and delivering in a timely manner and when payments are due under the contract. This complex matter involves some 15 boxes of material that has had to be reviewed and analysed to allow the legal team to provide clear business outcomes for the client.
  • Advised a major not for profit organisation on their obligations to the Commonwealth Government under a funding agreement and the options available to them to recover funding that had been inappropriately allocated by one of their State bodies. Interpretation and construction of contracts have been key to the advice provided on how to manage and resolve this dispute.

Experience

  • 2012 - present: Partner, King & Wood Mallesons Canberra
  • 2003-2011: Senior Associate, Mallesons Stephen Jaques Canberra
  • 2001-2003: Solicitor, Mallesons Stephen Jaques Canberra
  • 1998-2000: Sessional lecturer/tutor Labour and Discrimination Law, University of Canberra
  • 1996-1997: Consultant, Ernst & Young Canberra
  • 1991-1995: Bachelor of Economics/Bachelor of Law (Hons), Australian National University.

Location

Legal insights

A Full Court of the Federal Court handed down a landmark decision relating to the meaning of “10 days of paid personal/carer’s leave” in s 96(1) of the Fair Work Act 2009.

22 August 2019

Thee Federal Circuit Court has taken a broad view of what constitutes a workplace right by awarding an employee $144,570.48 in compensation plus a pecuniary penalty

14 June 2018

Employers who can demonstrate they can effectively deal with bullying conduct may avoid bullying orders being made by the Fair Work Commission (FWC).

14 June 2018

The Federal Circuit Court of Australia has imposed significant penalties on employers that have underpaid their employees.

14 June 2018

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