David Birch

David BirchDavid Birch

David has a BA and LLB from the University of Sydney, including being awarded a University Medal in Philosophy. He also has an LLM from the University of Cambridge and was awarded the Chancellor’s Medal for English Law. David was awarded the Christopher Gee QC Memorial Prize for Advocacy and Evidence for the May 2016 Bar Practice Course.

David principally practises in commercial and public law. David has appeared led in the High Court, and has appeared led and unled in various federal and New South Wales courts and tribunals.

David is a contributor to Robson’s Annotated Corporations Law.

Prior to coming to the Bar, David practised as a solicitor in the Commercial Litigation group at Clayton Utz for 4 years and was the tipstaff for Justice J C Campbell in the NSW Court of Appeal.

David has also been a casual tutor at the University of Sydney in public law, constitutional law and equity.

Recent Cases

Admissions and Appointments
  • Admitted to Bar: 2016
  • Admitted as a Legal Practitioner: 2012
  • LLM (Class I) (Cantab)
  • LLB (Hons I) (Syd)
  • BA (Hons I, University Medal in Philosophy) (Syd)
Practice Areas
Banking & Financial Services
Bankruptcy & Insolvency
Commercial Law
Competition & Consumer Law
Corporations Law
Equity & Trusts
Insurance & Re-Insurance
Public Law
  • Managing Editor of UK Supreme Court Yearbook, 2014-2016
  • D Birch, “Validity of Asymmetric Jurisdiction Agreements in England, Australia and New Zealand” (2016) 5 Journal of Civil Litigation and Practice 96
  • D Birch & A Zheng, “Private Law” [2015] UK Supreme Court Yearbook 332
  • D Birch & A Zheng, “Private Law” [2014] UK Supreme Court Annual Review 283
  • D Birch & A Zheng, "Cutting the Gordian Knot or entangling it further?" (2012) 86 Australian Law Journal 748
  • D Birch, "The Cleaver principle: Re-uniting mutual wills and secret trusts" (2011) 5 Journal of Equity 288
  • D Birch, "The slippery nature of a constitutional guarantee: acquisition of water rights in ICM Agriculture v Commonwealth" (2011) 13 Constitutional Law and Policy 58
  • D Birch, "Tabet v Gett: The High Court’s own lost chance of a better outcome" (2011) 19 Tort Law Review 76
  • D Birch, "The Justifiability of Criminal Responsibility for Negligent Conduct" (2010) Pandora’s Box 48 – 1st place in 2010 Australian Legal Philosophy Students' Association National Essay Competition