Daniel Oldham

Partner B.Com., LL.B (Hons)


Daniel practices in commercial litigation, predominantly in the area of building and construction, property and Owners Corporation.

He has well recognised and extensive experience, as a result orientated lawyer representing builders, owners, property developers, vendors, architects and surveyors in complex building disputes. Daniel provides advice to the Master Builders Association of Victoria and the Housing Industry Association.

Daniel also provides “front end” risk management advice in relation to building contracts and sale of land contracts. He has played a significant role in resolving “off the plan” litigation involving major developers and builders, including the ground breaking cases of Mirvac (Docklands) Pty Ltd v Philp (2004), Adams v Clark Homes Pty Ltd (2015), Burbank v Owners Corporation (2015), Shao v A G Advanced Construction Pty Ltd (2017) and Gianacopoulos v DJJ Promotions P/L [2021] VSC 203 (27 April 2021).

Daniel has represented parties in claims and adjudications under the Building and Construction Industry Security of Payment Act including the leading Court of Appeal decision of Pearl Hill Pty Ltd v Concorp Construction Group (Vic) Pty Ltd (2011).

Daniel has frequently appeared in VCAT since its creation in 1998, mainly in the Building & Property List, Planning List, Real Property List and Owners Corporation List including the recent leading decisions of Camelleri Ors v Oldroyd (2011), Noonan v Renaissance Assets (2013), Mashane v Owners Corporation (2014), Boothey v Owners Corporation (2015) and Ahmed v Whittlesea City Council (2017).

Daniel conducts matters in both Federal and State jurisdictions. He appears in the Supreme, County and Magistrates Courts, Federal Court, VCAT and other jurisdictions.

Daniel’s professional memberships include the Building Dispute Practitioners’ Society, where he is President, and the Australia Society of Building Consultants. He has also presented at meetings of the Australian College of Community Association Lawyers, presented seminars for the Leo Cussen Institute and the Master Builder Association and is a contributor to the Victorian Law Foundation publications on construction law.