David Burrow

DAVID BARROW

Vigilant Lawyer against Big Companies

THE LAWYER I AM 2019

I’m an Australian Lawyer who came to the law through my own personal legal battles against Big Corporations.

 

I faced adversity as a litigant and learnt a lot in the Court Arena up against top law firms and barristers. I did not win all my cases as I gained experience but always had good outcomes. I only ever paid $500 in legal costs, to just one opponent. Everything else I either won or settled with no costs to pay.

 

Abraham Lincoln said “He who represents himself has a fool for a client”. Well, like most proverbs there’s some truth in that. Lawyers tend to be less foolish given their expertise and bringing some objectivity. But they can also cost a lot of money and fail to understand their clients as real people.

 

Representing myself in the Court Arena was a challenging experience. I fought my battles and got a hands-on legal education doing it.

 

Now I’m a licensed Australian Lawyer who can fight for others.

 

My Client Cases reflect my personal values.

 

I’m the Lawyer for Plucky Litigants up against Big Corporations where my clients don’t have so much to lose financially. Cases where the ‘deep pocketing’ tactics of Big Corporations don’t work as I’m a Lawyer paid at rates my clients can afford.

 

Public Interest Battles are preferred where there is viable Crowdfunding.

 

Employment Cases in Federal Courts can also be viable, as workers are not usually made to pay the costs of Big Corporations if these types of cases are not won.

 

I charge a monthly fee with the remaining amount of about 85% only paid with a Win (paid only from the opponents).

 

I have a full case load at the moment but will represent new clients in the future.

 

DAVID BARROW

 

Postcript: there’s actually no direct evidence Abraham Lincoln said “He who represents himself has a fool for a client”. It’s attributed to him, and is the sort of thing he might have said, but as a matter of evidence its veracity is open to attack, by a good lawyer.

EXPERIENCE

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DAVID BARROW in High Court of Australia


vs. Commonwealth of Australia
Apr 2016 – May 2016



As a self-represented litigant I made an application for a declaration that some intended steps were reasonable for me not to be incapable of being chosen as a member of the House of Representatives under s 44(i) of the Commonwealth Constitution. Notice of Constitutional matter was served on attorneys-general in all states and territories of Australia. The matter was discontinued before the 2 July 2016 federal election where I ran as independent candidate against former prime minister Tony Abbott in NSW seat of Warringah.

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DAVID BARROW in High Court of Australia


vs. Andrew Bolt and Herald & Weekly Times Pty Ltd
Jul 2015 – Dec 2015



As a self-represented litigant I made an application for special leave to appeal. Before the matter was determined on the papers, the parties reached a confidential settlement on this and all related matters with no order as to costs.

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DAVID BARROW in Supreme Court of Victoria before Justice Macaulay


vs. The Herald & Weekly Times Pty Ltd
Mar 2015 – Jun 2015



Concerned an article published in the Herald Sun after the first day of my defamation trial against it and Andrew Bolt. The article ‘reported’ that the Supreme Court trial judge (Justice T Forrest) had reluctantly proceeded with the “catastrophically expensive” defamation trial after the judge made a last ditched effort to have the case mediated. The article was written in such a way that it implied I was unreasonably refusing mediation. Whereas I actually sought the mediation and it was my opponents who obstinately refused. Justice Macaulay found the article was not a fair report of the trial but that it was still ambiguous enough that I could not bring a fresh defamation claim. I was a self-represented litigant throughout. When the matter was on appeal, the parties reached a confidential settlement on this and all related matters with no order as to costs.

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DAVID BARROW in Victorian Court of Appeal before Justices of Appeal Ashley, Kaye and McLeish


vs. Andrew Bolt and Herald & Weekly Times Pty Ltd
Jan 2015 – May 2015



Application for leave to appeal complex areas of defamation law. I appeared before the Court in person for 75 minutes making submissions and responding to many questions from the Justices of Appeal. The decision not to grant leave to appeal was delivered 7 days after the hearing. This was later appealed to the High Court and settled on confidential terms between the parties with no order as to costs.

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DAVID BARROW in Supreme Court of Victoria before Justice T Forrest


vs. Andrew Bolt and Herald & Weekly Times Pty Limited
Apr 2012 – Dec 2014



Concerned a defamatory publication about me by Mr Bolt to the Australian Press Council after I had raised 6 complaints against Mr Bolt, 5 of which resulted in articles being removed from the Andrew Bolt Blog. I pleaded that Mr Bolt sought to avoid a Press Council adjudication on the 6th article by personally attacking me by making knowingly false statements, amongst other grounds for malice. Despite my efforts to settle the matter by a walk away offer from September 2013 the year before, the trial ran from 20-27 October 2014. I was self-represented throughout. Justice T Forrest found Mr Bolt’s attack on me was indeed defamatory; no defence of truth was even attempted; and all the elements of defamation were made out. Yet 3 other defences were run. On the key battleground of the technical legal hurdle of ‘malice’, I was not able to persuade the judge that it was the ‘dominant’ motive of Andrew Bolt and the Herald Sun to misuse the occasion of qualified privilege. The defendants were found to have failed to make an offer of amends within the time for them to use this as a defence. There was also some unsettled law as to whether a plaintiff is unlikely to suffer harm, and the judge’s interpretation went against me on this. The decision was later appealed. By consent of parties the Court ordered costs fixed in the sum of $500,000, as a ‘discount’ from the $825,000 estimated by the defendants. Justice T Forrest found that I was a truthful witness and commented that my self-representation conduct at trial was exemplary. When the matter was on appeal before the High Court, it was ultimately settled between the parties with no order as to costs.

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DAVID BARROW in Supreme Court of Victoria before Justice Beach


defence and counter-claim against Milorad Trkulja
Jan 2013 – Jul 2013



Concerned a defence and counter-claim arising from court reporting that I undertook in 2 high-profile defamation trials Trkulja v Yahoo! and Trkulja v Google Inc. Mr Trkulja’s case against me was dismissed 22 July 2013.

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DAVID BARROW in Magistrates’ Court of Victoria


vs. Google Australia Pty Ltd
Mar 2013 – Apr 2013



Concerned identification of correspondence suspected to arise from removal of content from Google search engine indexing; I was self-represented throughout; Google Australia produced the requested documents under inevitable court order for preliminary discovery (Norwich order); relevant correspondence was obtained and used as foundation for counter-claim in Trkulja v Barrow matter.

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DAVID BARROW in High Court of Australia


vs. Hugh McLernon & IMF (Australia) Limited
Jul 2012 – Aug 2012



As a self-represented litigant I made an application for special leave to appeal. Before the matter was determined on the papers, following a confidential settlement between the parties, the matter was finalised by consent of parties with no order as to costs.

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DAVID BARROW in Supreme Court of Victoria before Justice Beach


vs. Hugh McLernon & IMF (Australia) Limited
Aug 2011 – Aug 2012



Concerned a defamatory publication about me by Mr McLernon to ASIC and a financial journalist after I raised corporate governance questions about possible disclosure and insider trading by directors of the litigation funder IMF. I was self-represented throughout; settled satisfactorily 2012 by consent of parties, discontinued with no order as to costs.

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DAVID BARROW in Victorian Court of Appeal before Justices of Appeal Nettle (as then was) and
Mandie


vs. Hugh McLernon & IMF (Australia) Ltd
Apr 2012 – Jun 2012



Application for leave to appeal complex areas of defamation law. I appeared before the Court in person making submissions and responding to questions from the Justices of Appeal. The decision not to grant leave to appeal was delivered at the hearing. This was later appealed.

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DAVID BARROW in Magistrates’ Court of Victoria


vs. Telstra Corporation Limited
Nov 2011 – Nov 2011



Concerned identification of a phone threat caller to my mobile phone; I was self-represented throughout; consent order granted for injunction to preserve evidence of audio-recording of my complaint to Telstra Unwanted Call Centre and preliminary discovery (Norwich order) identifying phone threat caller name, address and phone number on grounds of prima facie trespass on person; no further action taken.

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DAVID BARROW in Supreme Court of Victoria


vs. Nationwide News Pty Ltd and Fairfax Media Publications Pty Ltd
Dec 2010 – Mar 2011



Concerned defamatory publications about me in News Limited and Fairfax newspapers and online; I was self-represented throughout; settled satisfactorily 2011 on confidential terms and discontinued by consent of parties with no order as to costs before first directions.

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DAVID BARROW in Federal Court of Australia before Justice Gordon (as then was)


vs. Westpac Banking Corporation
Nov 2010 – Jan 2011



Concerned complex issues of law relating to overpayment of bank exception fees, originated as a Part IVA representative proceeding; I was self-represented in the first directions hearing; the matter was discontinued by consent of parties with no order as to costs.

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DAVID BARROW in Federal Court of Australia before Justice Gordon (as then was)


vs. National Australia Bank Limited
Nov 2010 – Jan 2011



Concerned complex issues of law relating to overpayment of bank exception fees, originated as a Part IVA representative proceeding; I was self-represented in the first directions hearing; the matter was discontinued by consent of parties with no order as to costs.

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DAVID BARROW in Federal Court of Australia before Justice Gordon (as then was)


vs. ANZ Banking Group Ltd
Nov 2010 – Jan 2011



Concerned complex issues of law relating to overpayment of bank exception fees, originated as a Part IVA representative proceeding; I was self-represented in the first directions hearing; the matter was discontinued by consent of parties with no order as to costs.

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DAVID BARROW in Federal Court of Australia before Justice Finkelstein


vs. Commonwealth Bank of Australia Limited
May 2010 – Jan 2011



Concerned complex issues of law relating to overpayment of bank exception fees including transformation into a Part IVA representative proceeding; I was self-represented through all three directions hearings; the matter was discontinued by consent of parties with no order as to costs.

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DAVID BARROW in Federal Court of Australia before Justice Goldberg


vs. BrisConnections Management Company Ltd
Jun 2010 – Dec 2010



Concerned a defence to a statutory demand for $5,609,666 brought against my late sister’s charitable trust by the respondent; leave was granted pursuant to O 4 r 14 of the Federal Court Rules, (nunc pro tunc), for me to commence and carry on this proceeding on behalf of the trustee corporation otherwise than by a solicitor, notwithstanding that I was not a solicitor; prior to the hearing of the plaintiff’s defence to the statutory demand the parties agreed to settle the matter with an adverse party-party costs order against the respondent; I argued that costs should be payable to me at scale as I was acting as a court-approved agent for the plaintiff; modest amount of costs were paid to me following taxation.

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DAVID BARROW in Federal Court of Australia before Justice Gordon


vs. ANZ, CBA, NAB, Westpac & 6 Other Banks
Aug 2010 – Aug 2010



I sought orders against 10 named respondent Australian banks to provide basic product disclosure documents following contraventions by those banks of section 1014D(4)(b) of the Corporations Act 2001 (Cth) and thereby breaches of a statutory duty; I was self-represented throughout the proceedings; 7 respondent banks settled to a satisfactory level of providing the requested documents on the day before the 24 August 2010 first directions hearing; 2 further respondent banks settled in the same respect on the morning of the hearing; and then finally ANZ bank settled within 3 days of the hearing.
THE BANKS:

  • 1. Adelaide Bank Ltd
  • 2. ANZ Banking Group Ltd
  • 3. Bank of Queensland Limited
  • 4. BankSA,
  • 5. Bankwest
  • 6. Citibank
  • 7. National Australia Bank Ltd
  • 8. St.George Bank
  • 9. Suncorp-Metway Ltd
  • 10. Westpac Banking Corporation See less

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DAVID BARROW in Superior Court of State of California (County of Los Angeles) before Justice Elias


Alch vs. Time Warner Entertainment, Co et al – and 18 related cases (USA TV Writers’ Class Action)
May 2010 – Jul 2010



As a class action member, interacted extensively with the plaintiff lead counsel and defense liaison counsel, made submissions to the Court on complex areas of law and appeared telephonically at the 14 May 2010 (California-time) fairness hearing, advocating, among other things, for a Guardian Ad Litem to be appointed to represent the interests of members on the issue of attorneys’ fees and expenses which were slated to be awarded as a 40% proportion of the $US70m compensation, and raised serious questions of conflict of interest against the plaintiff counsel team, who were leading anti-discrimination and civil rights class actions lawyers in the United States.

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DAVID BARROW in Federal Court of Australia before Justice Finkelstein


vs. HSBC Bank Australia Limited
May 2010 – Jun 2010



Concerned complex issues of law relating to overpayment of bank exception fees; I was selfrepresented throughout; the matter was discontinued by consent of parties with no order as to costs before the first directions hearing.

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DAVID BARROW in Federal Court of Australia before Justice Gordon (as then was)


Julie Anne Barrow Charitable Trust v BrisConnections Management Company Ltd
Apr 2009 – Apr 2009



I sought an order for an urgent injunction and extension of a transfer date for securities into my late sister’s charitable trust; leave was not granted for me to represent the trustee corporation as a non-solicitor, such that the matter was then dismissed for want of representation.

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DAVID BARROW in Federal Court of Australia before Justice Gray


vs. BlackRock Investment Management (Australia) Limited
May 2008 – Mar 2009



Concerned a complex employment relationship dispute; I was self-represented through all four directions hearings and three days of trial; matter was settled satisfactorily by the parties on the third day of trial.

EDUCATION

  • Education Icon
    University of Melbourne

    Bachelor of Commerce - BCom (Honours)
    Accounting and Finance

  • Education Icon
    RMIT University

    Law degree Juris Doctor

  • Education Icon
    CPA Australia Program

    Certified Practicing Accountant

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    Leo Cussen Institute

    Grad Dip in Legal Practice

  • Education Icon
    University of Melbourne

    Bachelor of Arts - BA (Honours)
    Philosophy

  • Education Icon
    University of Melbourne

    Bachelor of Letters - BLitt
    English Literature





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